16Q0024_LPCSS.doc

COMBINED SYNOPSIS/SOLICITATION

This acquisition is being issued in accordance with FAR Part 13, Simplified Acquisition Procedures. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; fixed-price quotations are being requested and a written solicitation will not be issued. The solicitation number is NAMA-16-Q-0024 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87 effective March 7, 2016. This is a 100% small business set-aside under NAICS code 511210 with a standard of $38.50 million. The Government reserves the right to issue an order based on the initial quote without discussions of this procurement. BACKGROUND: The National Archives and Records Administration (NARA) Office of Presidential Libraries (LP) is responsible for providing computer software and support services for all the Presidential Libraries. In accordance with the manufacturer’s terms and conditions the Contractor will provide SEEK PRESNET UNIDATA Software Maintenance Services for the Gerald R. Ford Presidential Library. REQUIREMENTS: See Enclosure for Schedule of Prices and service description. Please submit pricing in accordance with the directions and tables in the Schedule of Prices. PERIOD OF PERFORMANCE: In addition to the base period, starting October 1, 2016 and ending September 30, 2017; there are four 12-month option periods. The first option period is October 1, 2017 and ending September 30, 2018, the second option period is October 1, 2018 and ending September 30, 2019, the third Option Period is October 1, 2019 and ending September 30, 2020 and the fourth Option Period is October 1, 2020 and ending September 30, 2021. PLACE OF PERFORMANCE: All software will be delivered to the National Archives and Records Administration, Office of Presidential Libraries, Ford Presidential Library, located at 1000 Beal Avenue, Ann Arbor, Michigan 48109-2114. The following provisions and clauses are incorporated and are to remain in full force in any resultant fixed price purchase order: FAR 52.212-1, Instructions to Offerors—Commercial Item (Oct 2015). Evaluation and issuance of the resulting fixed price order will be in accordance with the procedures of FAR Subpart 13.106-1(b) Soliciting from a single source based on exclusive Maintenance Agreement. An order will be made to MATE PCS, LLC.(MATE PCS), for SEEK PRESNET UNIDATA Software Maintenance Services. It is the Government’s belief that MATE PCS is the only contractor with the required technical knowledge to successfully provide these services. However, all responsible sources may submit an offer, which will be considered by NARA. The contractor’s quotation in response to the RFQ will be evaluated to determine if their response meet the requirements of this solicitation. The quoted price will be evaluated to determine the price to be fare and reasonable. FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (March 2016)—offeror’s shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at https://www.sam.gov/portal/SAM/#1. If the offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (c) through (m) of this provision--a copy of the provisions can be found at https://www.acquisition.gov/far/ ; FAR 52.212-4, Contract Terms and Conditions—Commercial Terms (May 2015). NARA Terms and Conditions (see Enclosure) are listed as addenda to the FAR clause 52.212-4. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (March 2016). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this solicitation by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Paragraph (b) of this clause incorporates by reference the following FAR clauses: 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011); 52.219-28 Post Award Small Business Program Representations (July 2013), 52.222-3 Convict Labor (June 2003), 52.222-21 Prohibition of Segregated Facilities (April 2015), 52.222-26 Equal Opportunity (April 2015), 52.222-35 Equal Opportunity for Special Disabled Veterans of the Vietnam Era, and Other Eligible Veterans (Oct 2015), 52.222-36 Affirmative Action for Workers with Disabilities (July 2014), 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb 2016), 52.222-50 Combating Trafficking in Persons (March 2016), 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015), 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008), and 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (July 2013). FAR 52.217-5 Evaluation of Options (Jul 1990). FAR 52.217-8 Option to Extend Services (Nov 1999), The Government may require continued performance of any services within the limits and at the rates specified in the solicitation. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days (End of Clause). FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 calendar 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 five years and six months, (End of Clause). 52.232-18 Availability of Funds (April 1984) applies to Option Year 1, Option Year 2, Option Year 3 and Option Year 4. Two copies of each quotation, Schedule of Prices (see Enclosure), and résumé for all quoted key personnel should be mailed to National Archives and Records Administration (NARA), Attention: James Newell, 8601 Adelphi Road, Room 3340, College Park, MD 20740-6001 or e-mailed to: james.newell@nara.gov. Quotations should be received by 1:00 PM EDT on April 7, 2016. Failure to submit your quotation by the due date may result in rejection of the quote. Questions regarding this solicitation must be submitted in writing to Mr. James Newell no later than 1:00PM EDT on March 28, 2016 to be considered. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. Failure to meet the deadline for receipt may result in rejection of the quotation as untimely. Telephonic responses will not be processed.

ENCLOSURE 1

SCHEDULE OF PRICES

1.

Fixed Price order. The Contractor is required to furnish all the work that can be identified in advance, both in sufficient detail and quantities, and for which a fair and reasonable price can be obtained. The fixed prices must include the fully burdened cost for delivering the services required by this order including any and all direct costs. All work is considered fixed price work Services require fixed unit prices to be used in potential future orders.

2.

PRICING OF BASE YEAR

(a) Fixed Price Services.

(i) Each Contractor must identify the base year "Unit Price" and "Total Price" for the fixed-priced supplies/services described in paragraph 4.

(ii) The "Unit Price" for each CLIN must be the Contractor's price for the services identified for SEEK PRESNET UNIDATA Software Maintenance Services.

(iii) The "Total Price" for each separately priced CLIN must be the "Unit Price" multiplied by the Quantity to equal the price for the base purchase order year.

(b) Total Base Year Price. The Total Base Year Price is the sum of the fixed-price, for all services to be performed.

3.

PRICING OF OPTIONS

(a) Options will be priced using the procedure for pricing the base year.

(b) Contractors must price options for the two 12-month periods.

(c) Total Option Year Price. The “Total Option Year Price” for each option year is the sum of the fixed-price quantities for the SEEK PRESNET UNIDATA Software Maintenance Services.

4.

SCHEDULE OF PRICES

In accordance with this order, the Contractor must provide all management, supervision, labor, materials, supplies, transportation, and equipment described herein and must plan, schedule, coordinate, and assure all services for NARA.

Insert fixed unit prices quoted for each CLIN for each period. For evaluation purposes, the Total Price (Price) will be determined by multiplying the Quantity (Qty) by the Unit Price. The Price for each period of performance will be determined by summing the Price of each CLIN for each period of performance. The Maximum Total Purchase Order Price will be determined by summing each period’s Total Price. The fixed unit price must include the fully burdened cost for delivering the services required by this order.

CLIN = Contract Line Item Number; PWS = Performance Work Statement; QTY=Quantity.

CONTRACT LINE ITEMS (CLINs) REQUIRED:

Base Year: 10/01/2016 through 09/30/2017.

Software maintenance and support for PRESNET Collection Description Database System at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.

YEAR

Software maintenance and support for PRESNET Collection Description Database System at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.

Software maintenance and support for PRESNET Collection Description Database System at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.

Software maintenance and support for PRESNET Collection Description Database System at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.

Software maintenance and support for PRESNET Collection Description Database System at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.

Total Amount for 5 years

The purchase order will be issued to the contractor with the lowest priced technically acceptable quotation in accordance with FAR 13.302-1.

All services will be performed at the following location, NARA Office of Presidential Libraries, Gerald R. Ford Presidential Library, 1000 Beal Avenue, Ann Arbor, Michigan 48109-2114.

ENCLOSURE 2

Performance Work Statement The support services shall include:

· Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance. Unidata is a product of Ardent Software, Inc. of Westboro, MA. Unidata standard maintenance includes telephone consultation on Unidata software problems, Unidata software bug fixes, and any new releases issued during the contract period.

· SEEK (24 User) Annual Software Maintenance. SEEK is a product of MATE PCS of Ellicott City, MD. SEEK maintenance includes telephone consultation on the use of SEEK, SEEK software bug fixes, and any new SEEK releases issued during the contract period.

· PRESNET Support. PRESNET is a specific application built using the Unidata/SEEK platform. PRESNET support includes analyst labor (up to 20 hours) for application support during the contract period. This provides support for only minor fixes or enhancements. More major changes to the system will require a separate contract.

The contractor will provides all call support during normal working hours (8:30AM-5:00PM ET).

The SEEK PRESNET support includes analyst labor (up to 20 hours) for PRESNET application support during the contracted period. GPS staff will provide support via telephone and modem to assist NARA staff in the installation of the new releases.

The maintenance agreement does not cover application development or debugging of SEEK or UNIDATA Based Applications developed by Ford Library personnel.

ENCLOSURE 3

ADDITIONAL TERMS AND CONDITIONS

I. GOVERNMENT CONTRACT SPECIALIST

The Contract Specialist assigned to this contract is:

James Newell, Contract Specialist

Telephone: (301) 837- 1502 Email: james.newell@nara.gov

IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the evaluation, the resulting order from this RFQ will include some or all of the following FAR Clauses and NARA Terms and Conditions:

ORDER ADMINISTRATION

1.

CONTRACTOR RESPONSIBILITY

The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor’s work performed to ensure compliance with the requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the order.

2.

DESIGNATION OF POINT OF CONTACT (POC)

(a) POC: TBD

Phone:

Fax:

E-Mail:

The individual named above is designated as the Contracting Officer’s Representative (POC) to assist the CS in the discharge of the CS’s responsibilities. The POC is responsible for monitoring, giving progress reports to the CS and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. The POC will approve all invoices for payment. The POC will not establish an agreement, modification, change order, or other matter deviating from the terms of the basic task order between the Vendor and any person other than the CO be effective or binding upon the Government

3.

INVOICE SUBMISSION REQUIREMENTS

A. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

B. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7.

C. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to NAR@bpd.treas.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats.

D. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract.

E. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7.

DISTRIBUTION LIST:

(X) Contract File - Original

(X) Vendor - 1 Copy

(X) Requesting Office - 2 Copies

Invoice Approver - __enter name______

COR/POC - _____enter name________

( ) NAF - Property (e-mail: HQ-NARA-NAF-PMB)

( ) AII Loading Dock

4. FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998): This order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov.

a. FAR 52.246-4 Inspection of Services—Fixed-Price. (AUG 1996)

b. FAR 52.242-15 Stop-Work Order. (AUG 1989)

c. FAR 52.212-4 Contract Terms and Conditions—Commercial Items. (May 2015)

d. FAR 52.217-5, EVALUATION OF OPTIONS (Jul 1990)

5. NARA: SECURITY OF SYSTEMS HANDLING AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION (JANUARY 2010)

(a) Applicability This clause applies to all personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.

(b) Definitions. As used in this clause:

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.

“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:

(1) Name.

(2) Date of birth.

(3) Mailing address.

(4) Telephone number.

(5) Social Security Number.

(6) Email address.

(7) Zip code.

(8) Account numbers.

(9) Certificate/license numbers.

(10) Vehicle identifiers including license plates.

(11) Uniform resource locators (URLs).

(12) Internet protocol addresses.

(13) Biometric identifiers (e.g., fingerprints).

(14) Photographic facial images.

(15) Any other unique identifying number or characteristic.

(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

(1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.

(2) Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(i) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);

(ii) Date of birth (month, day, and year);

(iii) Citizenship or immigration status;

(iv) Financial information such as account numbers or electronic funds transfer information;

(v) Medical information; and/or

(vi) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.

(3) Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.

(c) Data Security.

(1) The Contractor shall limit access to the data covered by this clause to those employees and subContractors who require the information in order to perform their official duties under this contract.

(2) The Contractor, Contractor employees, and subcontractors must physically or electronically secure sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

(3) When sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed, as specified in the contract, or if not specified in the contract, through means that will make the sensitive PII irretrievable.

(4) The Contractor shall only use sensitive PII obtained under this contract for purposes of the contract; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.

(5) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(6) At expiration or termination of this contract, the Contractor shall turn over all sensitive PII obtained under the contract that is in its possession.

(d) Systems Access. Work to be performed under this contract may require the handling of PII. The Contractor shall provide the Government access to, and information regarding those systems handling sensitive PII for the Government under the contract, when requested by the Government, as part of the Contractor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews.

(e) Systems Security.

(1) In performing its duties related to management, operation, and/or access of systems containing PII under this contract, the Contractor, its employees and subContractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:

a) NARA Directive 1608;

b) NARA Notice 2010-045;

c) NARA Penalty Guide (Personnel 300, Appendix 752A - Penalty Guide); and

d) NARA’s Media Protection Methodology

(2) In addition, the use of Contractor-owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this contract until the Contractor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy or the SAOP’s designee, approves the Contractor’s written acknowledgment that the following requirements are met:

(i) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor), and approved;

(ii) The Contractor has developed and implemented a process to ensure that security and other applications software are kept current;

(iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism;

(iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product;

(v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media Protection Methodology;

(vi) The Contractor shall maintain an accurate inventory of devices used in the performance of this contract;

(vii) Contractor employee annual training and rules of conduct/behavior shall be developed by NARA as part of its annual PII training program. This training will be completed within 30 days of contract employees beginning work on a sensitive PII project and thereafter annually. Such completion will be acknowledged by employees in writing and reported to NARA’s Senior Agency Official for Privacy or the SAOP’s designee

(viii) All sensitive PII obtained under this contract shall be removed from Contractor-owned information technology assets upon termination or expiration of Contractor work. Removal must be accomplished in accordance with NARA’s Media Protection Methodology, which the Contracting Officer will provide at the outset of work and later upon request. Certification of data removal will be performed by the Contractor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of termination/expiration of Contractor work.

(ix) Back up of any systems or files containing PII shall be treated in the same manner as the original data containing PII, with the same protections and obligations.

(3) The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.

(f) Breach Notification to Government.

(1) The Contractor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.

(2) In the event of any actual or suspected breach of sensitive PII, the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the Contracting Officer’s Technical Representative (COTR), the Senior Agency Official for Privacy and the Chief Information Officer in accordance with NARA Directive 1608,

(3) The Contractor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.

(g) Flow down of security requirements to subcontractors.

(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this contract, and require written subcontractor acknowledgement of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

6. Information Technology System Security Access:

1. To perform the work specified herein, contractor personnel will require access to access to NARA information systems. The Government has determined the position sensitivity under this effort to be non-sensitive. OMB Memorandum 06-16, as well as NARA's IT Security Requirements, requires the use two-factor authentication for all remote access to agency networks and systems. The contractor must comply with all Federal and NARA requirements for remote access to support the PRESNET system.

2. To gain access to NARA information systems, the contractor shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors, and NARA 275 Background and Identity Verification Process for Access Privileges (attached). HSPD-12 also stipulates specific requirements for validating the identity of persons with access to Federal agency facilities as well as those with access to agency networks and systems users. In order to comply with these HSPD-12 requirements, the contractor support person(s) must go through a NARA background check (NACI), and upon successful completion, that person(s) will be issued a Federal PIV card by NARA, as well as a network account that will be used for remote access to NARA's network in order to support the PRESNET system.

3. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. More restricted positions, above non-sensitive, require more extensive documentation and investigation.

4. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

5. Typically, the Government investigates personnel at no cost to the contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the contract price of no more than the cost of the extra investigation(s). The cost (if any) of fingerprinting will be the responsibility of the contractor.

6. Language similar to this Security section shall be included in any subcontracts which require subcontractor personnel to have access to an information system, access to sensitive data, regular or prolonged access to an NARA-controlled facility, or any combination of these three.

7. Inquiries, including requests for forms and assistance, should be directed to the Contracting Officer or his designee.

7.

PAYMENT

a.

Payments must be made upon submission of a proper invoice. Payments will be due on the 30th calendar day after receipt of a proper invoice, or on the 30th calendar day after the date the services were accepted by the government, whichever is later.

(1) No payments will be made by check. Invoice payments will be made electronically in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration.

(2) The date of payment by wire transfer through the Treasury Financial Communications System must be considered to be the date payment is made.

b.

The Contractor will be paid for the work called for and identified and set forth in the “Line Item Description” located in the Schedule of Prices of this order. Payment for services rendered will be made upon submission of the Contractor’s properly certified invoice.

8.

FINAL PAYMENT

Before final NARA payment is made, the Contractor must furnish to the CO a written release of all claims against the Government arising by virtue of the order, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the order has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the order is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.

9. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Mar 2016)

(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 (Nov 2015)

(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, 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).

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

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] x__ (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

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

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

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

x__ (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 2015) (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 2015) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ (21) 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 (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

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

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

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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) (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 (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (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) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

x__ (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.

x__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (Jul 2013) (31 U.S.C. 3332).

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

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

x__ (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.] x__ (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).

x__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016) (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 (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 $700,000 ($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 (1) 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 (Oct 2015) (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 (Feb 2016) (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

(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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(E) 52.222–26, Equal Opportunity (Apr 2015) (E.O. 11246).

(F) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(H) 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.

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

(J) ____ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 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).

(L) 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).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

(O) 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.

(P) 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.

[Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until otherwise rescinded.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this…