Solicitation_1821920.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

ADM-NIAID

Bethesda, MD 20892-7612 Infectious Diseases National Institute of Allergy and National Institutes of Health

5601 FL CODE 16. ADMINISTERED BYCODE

X

X

X

541611

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORIO-NIAID

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/30/2017 1200 ET

01/09/2017

+1 301 761 7500AKILAH BULLOCK

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

NIHAO2017066

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 16 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Rockville, MD 20852 5601 Fishers Lane

5601 FL

15. DELIVER TO

Bethesda, MD 20892-7612 Infectious Diseases National Institute of Allergy and

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

National Institutes of Health

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The National Institute of Allergy and Infectious Disease (NIAID), professional services contract requirements are included in the attached Performance Work Statement (PWS).

Period of Performance: One (1) 12 month base with four (4) 12-month option periods.

02/22/2017-02/21/2018 -- Base 02/22/2018-02/21/2019 -- Option Year 1 02/22/2019-02/21/2020 -- Option Year 2

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

02/22/2020-02/21/2021 -- Option Year 3

02/22/2021-02/21/2022 -- Option Year 4

Period of Performance: 02/22/2017 to 02/21/2018

1 Base Year: Strategic Planning, Financial and 12 EA

Analytical Services

Delivery To: 5B39

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Delivery: 02/21/2018

4 Option Year 1: Strategic Planning, Financial and 12 EA

Analytical Services

Delivery To: 5B39

(Option Line Item)

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Delivery: 02/21/2019

Period of Performance: 02/22/2018 to 02/21/2019

7 Option Year 2: Strategic Planning, Financial and 12 EA

Analytical Services

Delivery To: 5B39

(Option Line Item)

Product/Service Code: R499

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

16 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Delivery: 02/21/2020

Period of Performance: 02/22/2019 to 02/21/2020

10 Option Year 3: Strategic Planning, Financial and 12 EA

Analytical Services

Delivery To: 5B39

(Option Line Item)

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Delivery: 02/21/2021

Period of Performance: 02/22/2020 to 02/21/2021

13 Option Year 4: Strategic Planning, Financial and 12 EA

Analytical Services

Delivery To: 5B39

(Option Line Item)

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Delivery: 02/21/2022

Period of Performance: 02/22/2021 to 02/21/2022

The following Federal Acquisition Regulations provisions and clauses apply to this acquisition:

FAR 52.212-2 Evaluation Commercial Items

In accordance to FAR 52.212-2 Evaluation

Commercial Items, the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the

PWS/solicitation requirements. The Governments objective is to obtain the highest technical quality considered necessary to achieve the objectives, with a realistic and reasonable cost.

EVALUATION CRITERIA

The evaluation criteria are used by the technical evaluation committee when reviewing the technical proposals. Adjectival ratings will be assigned

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Sponsored by GSA

FAR (48 CFR) 53.110

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for each criterion. The criteria and sub-criteria below are listed in descending order of relative importance unless specifically identified otherwise. Technical proposals are limited to 40 pages excluding appendices for 1) resumes and/or curriculum vitae, which are limited to 5 pages each; and 2) supporting documentation limited to

10 pages total.

The following factors shall be used to evaluate offers as referenced in the Evaluation attachment: (1) Corporate Experience, (2)

Management Plan, (3) Experience and Qualification of Key Personnel, (4) Past Performance, (5) Price.

The Government will issue a firm-fixed price purchase order to the responsible contractor. By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered and viewable in the System for

Award Management (SAM) database prior to award, during performance, and through final payment resulting from this solicitation (www.sam.gov).

By submission of an Offeror acknowledges the requirement that a prospective awardee shall have posted their FAR 52.212-3 Offerors Representative and Certifications Commercial items and services in the SAM database. Offerors are to submit their proposals by 12:00 pm eastern standard time

Monday, January 30, 2017, 12:00pm by email at akilah.bullock@nih.gov, (subject line to reference NIHAO2017066).

52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive Orders -

Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

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)

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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 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].

_x_ (6) 52.204-14, Service Contract Reporting

Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting

Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

_x_ (8) 52.209-6, 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

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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 (Nov 2016) (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

(Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated

Damages¿Subcon-tracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled

Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

_x_ (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

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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 (Jul 2014) (29 U.S.C. 793).

_x (31) 52.222-37, Employment Reports on Veterans

(FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_x_ (33)(i) 52.222-50, Combating Trafficking in

Persons (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). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 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, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

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_x_ (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and

High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 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®-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 (JUN 2016) (E.O.

13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American¿Supplies (May

2014) (41 U.S.C. chapter 83).

__ (48)(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.

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__ (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.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19

U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (50) 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).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency

Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

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

__ (55) 52.232-30, Installment Payments for

Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_x_ (56) 52.232-33, Payment by Electronic Funds

Transfer¿System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds

Transfer¿Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May

2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

__ (60)(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:

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[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).

_x_ (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).

__ (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.

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(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 (Nov 2016) (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 (l) of FAR

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clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016)

(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)

52.222-50, Combating Trafficking in Persons (Mar

2015) (22 U.S.C. chapter 78 and E.O

13627).Alternate I (Mar 2015) of 52.222-50 (22

U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41

U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility

Verification (OCT 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

(xvi) 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 (e)(1)(xvi): 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

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injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency

(Executive Order 13673) (OCT 2016)).

(xviii) 52.222-62, Paid Sick Leave Under

Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 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).

(xx) 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.

(xxi) 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)

Additional Clauses

FAR 52.204-7 System for Award Management (JUL

2013)

FAR 52.204-16 --Commercial and Government Entity

Code Reporting.(Jul 2015)

FAR 52.204-17 Ownership or Control of

Offeror.(Nov 2014)

FAR 52.204-18 Commercial and Government Entity

Code Maintenance.(Jul 2015)

FAR 52.204-20 Predecessor of Offeror. (Apr 2016)

FAR 52.204-21 Basic Safeguarding of Covered

Contractor Information Systems.(Jun 2016)

FAR 52.242-13 - Bankruptcy.

FAR 52.203-3 - Gratuities.

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FAR 52.204-4 Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper.

FAR 52.203-12 - Limitation on Payments to

Influence Certain Federal Transactions.

FAR 52.203-98, Prohibition on Contracting with

Entities that Require Certain Internal

Confidentiality Agreements ¿ Representation

(DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS ¿ REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of

Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other

Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision)

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52.203-99, Prohibition on Contracting with

Entities that Require Certain Internal

Confidentiality Agreements ¿ Representation

(DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of

Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated

(or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

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HHSAR Clauses

HHSAR 352.202-1 Definitions. (January 2006)

HHSAR 352.203-70 Anti-Lobbying. (December 2015)

HHSAR 352.222-70 Contractor Cooperation in Equal

Employment Opportunity Investigations. (December

2015)

HHSAR 352.239-73 Electronic Information and

Technology Accessibility Notice. (December 2015)

HHSAR 352.239-74 Electronic Information and

Technology Accessibility. (December 2015)

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