N39040-17-T-0145.pdf
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- Pager & Emergency Notification Services Federal contract opportunity
- Solicitation number
- N39040-17-T-0145
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Request for Quote (RFQ) - to be filled out and returned to the Contract Specialist
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PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
CODE 501.2 RECEIVING OFFICER
BUILDING 170
KITTERY ME 03904
TEL: 207-438-5206 FAX:
N3904017RQ70198
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
N39040-17-T-0145 06-Mar-2017
5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NO TE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
PORTSMOUTH NAVAL SHIPYARD
CODE 410
KITTERY ME 03904
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
07-Apr-2017(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
207-438-2189CHRISTINA J ALLAIRE
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
N39040-17-T-0145
Section A - Solicitation/Contract Form
ADDITIONAL INFORMATION
Contracting Officer's point of contact is:
Christina Ellis, Code 410 Tel: 207-438-2189
Christina.Ellis@navy.mil
Contracting Officer’s Representative is:
To Be Provided Upon Award
Technical Point of Contact is:
To Be Provided Upon Award
Contractor's Point of Contact is:
To Be Determined
INVOICING AND PAYMENT INSTRUCTIONS:
For invoices under Wide Area Workflow (WAWF) see clause 252.232-7006 – Wide Area WorkFlow Payment
Instructions. Calls inquiring on payments can be made to DFAS – Cleveland Customer Service Dept. at 888-332-
7411 (select option 2) Inquiries can also be made at DFAS MY INVOICE, a web application available at:
https://myinvoice.csd.disa.mil/
Registration requires a CAGE code, DUNS number and TIN.
https://myinvoice.csd.disa.mil/
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Receive-Only Accounts
FFP
750 receive-only accounts in accordance with the Statement of Work (SOW) in
Section C.
NOTE: The "unit price" to be inserted above is equal to the monthly rate for each account X the number of accounts (750)
Period of Performance: 9/1/17-8/31/18
FOB: Destination
MILSTRIP: N3904017RQ70198
PURCHASE REQUEST NUMBER: N3904017RQ70198
NET AMT
0002 12 Months Administrative Accounts
FFP
Four (4) administrative accounts in accordance with the Statement of Work (SOW) in Section C.
account X the number of accounts (4)
0003 12 Months Alphanumeric Pagers
FFP
400 alphanumeric pagers in accordance with the Statement of Work (SOW) in pager X the number of pagers (400)
1001 12 Months OPTION Receive-Only Accounts
FFP
Period of Performance: 9/1/18-8/31/19
1002 12 Months OPTION Administrative Accounts
FFP
1003 12 Months OPTION Alphanumeric Pagers
FFP
2001 12 Months OPTION Receive-Only Accounts
FFP
Period of Performance: 9/1/19-8/31/20
2002 12 Months OPTION Administrative Accounts
FFP
2003 12 Months OPTION Alphanumeric Pagers
FFP
3001 12 Months OPTION Receive-Only Accounts
FFP
Period of Performance: 9/1/20-8/31/21
3002 12 Months OPTION Administrative Accounts
FFP
3003 12 Months OPTION Alphanumeric Pagers
FFP
4001 12 Months OPTION Receive-Only Accounts
FFP
Period of Performance: 9/1/21-8/31/22
4002 12 Months OPTION Administrative Accounts
FFP
4003 12 Months OPTION Alphanumeric Pagers
FFP
CLAUSES INCORPORATED BY FULL TEXT
NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.
HQ B-2-0022 CONTRACT SUMMARY FOR PAYMENT OFFICE (FIXED PRICE) (FEB 1997)
This entire contract is fixed price.
Section C - Descriptions and Specifications
STATEMENT OF WORK
Specifications for Emergency Recall Notification system
1. Four (4) Administrative accounts and 750 receive only accounts.
2. Vendor shall have a system where messages can reach recipients simultaneously on text-capable cell phones, smart phones, e-mail addresses and alphanumeric pagers.
3. Notification system will have capability to send/generate messages from ANY web-capable computer or email device (by authorized users). The system must be web based managed (database and software is hosted by the vendor).
4. The vendor comprehensive database shall allow Portsmouth Naval Shipyard authorized administrators to:
a) Send scheduled messages for weekly and monthly testing.
b) View & modify authorized wireless devices and message groups.
c) Search and edit database for registered users.
d) If needed vendor will allow PNSY to submit user information via email to have users bulk loaded onto notification system. (This would be needed if a different vendor is selected).
e) Create unlimited user groups.
f) Create multiple “pre-programmed” messages for repeat type paging.
g) Emergency message results are instantly traceable/ reportable.
h) All shall be done via web portal without any interruption or need to contact the vendor support structure.
i) There shall be capability of (4) minimum administrators (1 master administrator and 3 support administrators).
j) All changes must be able to be made from Shipyard NMCI computer systems without having to request contractor intervention.
5. All users shall have a minimum capacity of (5) contact numbers/e-mail addresses in their notification profile. All of which will be immediately notified with any message sent (less than 10 minutes).
6. Notification that account is approaching limit (when account is at 50 and 10 accounts left)
Specifications for Paging Service
1. The type and quantity of pagers required is as follows:
Alpha/numeric pagers with recall capability: quantity 400, times cost per pager per month.
2. All pagers under this contract must have a reasonable coverage centering on the Portsmouth Naval
Shipyard in Kittery, Maine that stretches and includes:
Bangor, Maine in the North, Berlin, New Hampshire in the Northwest, Groton, Connecticut in the South, New York State Border to the West.
3. Vendor will supply a minimum of five (5) spares at no charge unless it is put into service. Spares will be used only to replace non-working pagers. Notification will be given to the vendor via email or telephone call if spares are activated. Vendor will also supply new batteries with all new pagers and spares.
4. The vendor will provide a tech refresh every 12 months. Replacement pagers, when necessary within five business days of notification that pagers are not working. Replacement pagers will have the same number and service as the unit being replaced.
5. The vendor will only charge for the quantity of pagers delivered. Balance will remain with the vendor until requested. The Portsmouth Naval Shipyard will only be responsible for paying for the number of pagers that are in Service. Additionally, there will NOT be a minimum number of pagers that need to be in
Service.
6. All pagers will be provided without unsolicited advertisements.
7. The Vendor shall have 24 hour, 7 day per week 365 day per year system support for pagers and notification system. The vendor will notify Portsmouth Naval Shipyard of any scheduled outage at least (48) hours in advance. Unscheduled outage notification should be provided immediately upon occurrence.
8. The contract will include four option years.
9. A demonstration of Portsmouth Naval Shipyard and region reception may be requested.
10. There will be no administrative or invoice processing fee.
11. There will be no charge of universal fees or shipping and handling.
The notification system and Paging system needs to be one contract with one point of contact.
If current vendor is not selected PNSY would need a month overlap on contract to transition.
Vendor will conduct a test of notification system by sending *750+ simultaneous notifications and validate that they have been received within 10 minutes of transmission. Test will be no older than 6 months from date received. Results will be sent in as part of bid.
VENDOR ACCESS TO PORTSMOUTH NAVAL SHIPYARD (C7F518)
Vendor access to Portsmouth Naval Shipyard: No person not known to be an American citizen of good standing and repute shall be eligible for access to Portsmouth Naval Shipyard and adjacent areas. Proof of citizenship may be required. Entrance of foreign nationals requires approval.
SAFETY/SECURITY (C7F519)
SAFETY: All representatives who have a need to enter the Controlled Industrial Area, or other areas specifically designated as safety hazardous, should provide themselves with safety head wear to be worn while in the area.
Vendors and/or subcontractors performing work on vendor-owned or government-owned plant facilities and equipment shall ensure that all OSHA safety regulations are followed. Prior to working on the Portsmouth Naval
Shipyard, all vendors shall view the Code 106 safety video.
SECURITY: Commercial vehicles (automobiles) must have conspicuous contractor (company) identification (such as magnetic door-type signs) affixed to the outside of the vehicle if it is to enter the Controlled Industrial Area.
RESTRICTIONS ON USE OF YELLOW MATERIAL (C7F521)
Yellow colored items such as those described below are of special significance within the Shipyard and are subject to strict controls. Accordingly, contractors shall not use yellow or orange-yellow colored materials for the following purposes: protective clothing, hoods, sheeting, tarpaulins, polyethylene bottles or other containers, tapes, bags, banding, identification marks on tools, boundary markers, ribbons, vent ducts, etc. Contractor generated yellow colored waste shall be disposed of by the Contractor off-yard. Shipyard refuse containers shall not be used for disposal of yellow colored waste materials. Yellow colored contract generated debris shall be bagged in non-translucent containers, and promptly removed from the Portsmouth Naval Shipyard.
RADIOLOGICAL INDOCTRINATION (C7F522)
All Contractor employees performing work within the Portsmouth Naval Shipyard must view a radiological video.
Contractor employees who are expected to be on the Shipyard for greater than thirty (30) calendar days must attend a one-half hour indoctrination briefing. Attendance at the briefing will be required prior to being issued a permanent
Shipyard badge. The indoctrination briefing will provide radiological fundamentals and information on radiological postings and controls at the Portsmouth Naval Shipyard.
RADIOLOGICAL POSTINGS AND INSTRUCTIONS (C7F523)
Any contractor employee who disregards, alters, moves or otherwise tampers with a radiological posting, or who disobeys a radiological instruction, will not be allowed to continue working at the Portsmouth Naval Shipyard.
REMOVAL OF HAZARDOUS MATERIAL (C7F526)
All contractors, vendors or repair personnel shall be responsible for removal from the Portsmouth Naval Shipyard, any appliances, bulbs, lamps or other devices which they replace that contain hazardous chemicals or materials.
HQ C-2-0023 EXCLUSION OF MERCURY (NAVSEA) (MAY 1998)
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.
Section D - Packaging and Marking
PROHIBITED PACKING MATERIALS
The use of asbestos or excelsior is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.
Item(s) 0001-4003 - The supplies furnished hereunder shall be packaged in accordance with best commercial practice.
HQ D-2-0006 MARKING AND PACKING LIST(S) (NAVSEA) (NOV 1996)
(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with best commercial practice.
(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the
Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items.
Where assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.
(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.
(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.
QA Designator: 4
Section E - Inspection and Acceptance
ACCEPTANCE PERIOD
NOTICE OF CONSTRUCTIVE ACCEPTANCE PERIOD (E7F504)
Contractors are hereby advised that the constructive acceptance period established in paragraph (a) (5) (I) of FAR clause 52.232-25 (Prompt Payment) is revised to 45 calendar days in lieu of 7 working days.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government
Item(s) 0001-4003 - Inspection and acceptance shall be made at destination by a representative of the Government.
Section F - Deliveries or Performance
CONSIGNMENT
CONSIGNMENT INSTRUCTIONS FOR DELIVERIES TO THE PORTSMOUTH NAVAL SHIPYARD
Consign Parcel Post shipments to Portsmouth, NH 03801.
Consign all truck shipments, and rail shipments of 10,000 lbs and over to Kittery, Maine via Portsmouth, NH.
Consign Air Shipments to Receiving Officer, Portsmouth Naval Shipyard, Kittery, Maine.
Mark shipping documents “Notify Receiving Officer, Portsmouth Naval Shipyard prior to arrival for delivery instructions. Telephone (207) 438-5521/5206”.
NOTICE: CARRIER’S DRIVERS ENTERING PORTSMOUTH NAVAL SHIPYARD MUST BE UNITED
STATES CITIZENS BY BIRTH OR MUST CARRY EVIDENCE OF NATURALIZATION.
Except by special arrangement, shipments will be received only between the hours of 7:30 AM and 3:00 PM local time, Monday through Friday. (Federal Holidays excepted.)
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-SEP-2017 TO
31-AUG-2018
N/A PORTSMOUTH NAVAL SHIPYARD
RECEIVING OFFICER
CODE 501.2 RECEIVING OFFICER
BUILDING 170
KITTERY ME 03904
207-438-5206
N39040
0002 POP 01-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-SEP-2018 TO
31-AUG-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-SEP-2019 TO
31-AUG-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-SEP-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-SEP-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-SEP-2020 TO
31-AUG-2021
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-SEP-2021 TO
31-AUG-2022
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
HQ F-2-0004 F.O.B. DESTINATION (MODIFIED) (AUG 2014)
All supplies hereunder shall be delivered with all transportation charges prepaid, in accordance with the clause hereof entitled "F.O.B. DESTINATION" (FAR 52.247-34) in accordance with the delivery information provided herein.
The Contractor shall not ship directly to a military air or water port terminal without authorization by the cognizant
Contract Administration Office.
Except when the Material Inspection and Receiving Report (MIRR) (DD 250) is used as an invoice, the Contractor shall enter unit prices on all MIRR copies. Contract line items shall be priced using actual prices, or if not available, estimated prices. When the price is estimated, an "E" shall be entered after the price.
All data to be furnished under this contract shall be delivered prepaid to destination(s) at the time(s) specified on the
Contract Data Requirements List(s), DD Form 1423.
Section G - Contract Administration Data
NMCARS 5237.102-90
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Portsmouth Naval Shipyard 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) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications
Transmission (D304) and Internet (D322) ONLY;
(5) S, Utilities ONLY;
(6) 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.
252.201-7000 Contracting Officer's Representative DEC 1991
252.204-7006 Billing Instructions OCT 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: N39040-17-P-0145
(1) Document type. The Contractor shall use the following document type(s).
COMBO
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
N/A
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC N68732
Issue By DoDAAC N39040
Admin DoDAAC N39040
Inspect By DoDAAC N39040
Ship To Code N39040
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N39040
Service Acceptor (DoDAAC) N39040
Accept at Other DoDAAC N/A
LPO DoDAAC N39040
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
COR: To Be Named Upon Award
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
WAWF HQ Helpdesk: WAWFHQ@navy.mil
Local WAWF Helpdesk: WAWF_N39040@navy.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
CONTRACTING OFFICER’S COMMANDER
REPRESENTATIVE: ATTN: To Be Determined
Portsmouth Naval Shipyard
Kittery, ME
Telephone No.
Fax No.
Email Address:
a. The COR (and in his absence the ACOR) will act as the Contracting Officer's Representative for technical matters, providing technical direction, discussions as necessary with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not an Administrative
Contracting Officer, and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract or delivery order, or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract or delivery order.
b. It is emphasized that only a Contracting Officer has the authority to modify the terms of the resulting contract. Therefore, in no event will any understanding, agreement, modification, change order or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, the effort is outside the existing scope of the contract or delivery order, the contractor shall notify the Procuring Contracting Officer (PCO) in writing. No action shall be taken by the Contractor under such direction, unless the PCO or ACO has issued a contractual change or otherwise resolved the issue.
c. COR APPROVAL: Prior COR approval is required for the following expenditures, unless specifically called out in a negotiated delivery order:
(1) Any travel outside of the 50-mile radius
(2) Any material acquisition
HQ G-2-0009 SUPPLEMENTAL INSTRUCTIONS REGARDING ELECTRONIC INVOICING (NAVSEA) (SEP
2012)
(a) The Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the technical instruction (TI), sub line item number (SLIN), or contract line item number (CLIN) level, rather than on a total contract/TO basis, and to submit invoices reflecting costs incurred at that level. Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs
(ODCs), materials, and travel, by TI, SLIN, or CLIN level. For other than firm fixed price subcontractors, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer (CO) and Contracting Officer Representative
(COR). Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the CO and COR; or other method as agreed to by the CO.
(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data
Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and CO on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and CO email notification as required herein.
Section H - Special Contract Requirements
HOLIDAYS
Offerors are requested to identify which of the following holidays would be applicable if awarded this contract:
NAME OF HOLIDAY TIME OF OBSERVANCE
New Year’s Day 1 January
Good Friday Friday prior to Easter Sunday
Memorial Day Last Monday in May
Independence Day (2 DAYS) 4 July and one other day
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Friday following Thanksgiving Day after Thanksgiving
Christmas Eve 24 December
Christmas Day 25 December
New Years Eve 31 December
Any other holidays or shut downs (please identify)
In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination applying to the using activity, such time may be charged to the contract as direct cost provided such charges are consistent with the contractor's accounting practices.
In the event any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the contractor in accordance with the practice as observed by the assigned Government employees at the using activity.
Unless the contractor states otherwise in the contractor's proposal, it will be deemed that the contractor shall observe the same holidays as the Government and shall otherwise be open for business Monday to Friday during the performance of this contract. If a different holiday schedule is selected, it shall be the contractor's responsibility to advise the Government each year in writing thirty (30) days in advance of the occasion to allow for mission adjustments.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements--
Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreeements or Statements
JAN 2017
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7012 Preference For Certain Domestic Commodities DEC 2016
252.225-7048 Export-Controlled Items JUN 2013
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other
Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order
13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19
U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct
1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June
2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment
Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (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]
__X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
__X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
__X__ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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).
__X__ (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, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__X__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
__X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__X__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
__X__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
__X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
__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 (Oct 2015). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal
Register advising the public of the termination of the injunction.
____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May
2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__X__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(June, 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(June, 2016) (E.O. 13693).
____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
__X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter
83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__X__ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31
U.S.C. 3332).
____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
_____ (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 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, 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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
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