EPSCoR_RFP.pdf

SECTION B

B.1 PRICING SCHEDULE

See Contractor Price List

TOTAL ORDER CEILING AMOUNT:

B.2 FUNDING

Funding in the amount of XXXX is hereby obligated for performance of services that are associated with this contract. The contractor is not authorized to exceed this amount without prior written approval from the Contracting Officer.

B.3 OTHER DIRECT COSTS

Unless otherwise provided in individual task orders, the Contractor shall be reimbursed for the actual cost of other direct costs determined to be allowable in accordance with Part 31 of the Federal Acquisition Regulation and authorized by the Contracting Officer or his designee prior to the contractor incurring the charge. If Travel and Per Diem are authorized, they will be reimbursed in accordance with the Federal Travel Regulation (FTR) in effect at the time the travel is authorized by NSF. All travel requirements must be met using the most economical form of transportation available and must be scheduled sufficiently in advance to take advantage of offered discount rates unless waived by the Contracting Officer. You may find the FTR at http://policyworks.gov/org/main/mt/homepage/mtt/FTR/FTRHP.shtml. The contractor shall use government contract airfares and other government transportation services whenever possible.

Transportation and travel time of employees from domicile to work places shall not be an allowable cost under this Task Order. Time required for travel from the contractor’s site or sites to any other site(s) of performance and return shall be considered time spent in performance

B.4 GENERAL & ADMINISTRATIVE RATE

The contractor shall apply a General and Administrative Rate for Other Direct Costs as follows:

G&A Rate: ______________

B.5 GOVERNMENT-FURNISHED PROPERTY/INFORMATION

- EPSCoR Reporting Database

- EPSCoR Evaluation Plans and Operations Checklist

- EPSCoR Evaluation Report Checklist

- EPSCoR Program Evaluation Meta-evaluation Checklist

- Access to NSF Data Systems and Tools

- EPSCoR reports, mailing lists, awardee annual reports, extant survey of program participants, and other available and relevant information.

http://policyworks.gov/org/main/mt/homepage/mtt/FTR/FTRHP.shtml

C.1 STATEMENT OF WORK

See Statement of Work.

C.2 PERFORMANCE SCHEDULE

The period of performance for this contract shall be as follows:

Base Period: 30 months from the date of award Option Period I – 12 Months after exercising Option Period Option Period II – 12 Months after exercising Option Period II

C.3 PLACE OF PERFORMANCE

The primary place of performance shall be at the contractor’s site.

C.4 NSF 020 - AUTHORITY OF GOVERNMENT PERSONNEL (APR 2013)

Contracting Officer

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO.

In the event the Contractor effects any change at the direction of any person other than the CO, including any change beyond the scope of authority given to the duly authorized Contracting Officer's Representative identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

The CO has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

Contracting Officer’s Representative

The Contracting Officer’s Representative (COR), (XXXX, Email: XXXX Phone: XXXX, is responsible for administering the performance of work under this contract. IN NO EVENT, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO prior to completion of the contract.

The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor's compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of work set forth in this contract; may not constitute new assignment of work nor change be expressed terms, conditions or specifications of this contract; and shall not constitute a basis for any increase in the contract estimated cost, or extension to the contract delivery schedule.

(End of clause)

C.5 NSF 030 - SECURITY REQUIREMENTS AND ACCESS TO NATIONAL SCIENCE FOUNDATION FACILITIES AND

UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (APR 2013)

Authorities

1. Federal Information Security Management Act (FISMA), Public Law 107-347

2. Office of Management and Budget (OMB) Circular A-130, Appendix III, “Security of Federal Automated

Information Systems”

3. Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal Employees and Contractors”

4. National Institute of Standards and Technology (NIST), Federal Information Processing Standard (FIPS)

201-1, “Personal Identity Verification (PIV) of Federal Employees and Contractors”

5. National Institute of Standards and Technology (NIST), Special Publication 800-37, “Guide for the

Security Certification and Accreditation of Federal Information Systems”

6. National Institute of Standards and Technology (NIST), Special Publication 800-53 Rev 2, “Recommended Security Controls for Federal Information Systems”

7. NIST Special Publication 800-18, “Guide for Developing Security Plans for Federal Information Systems”

8. NSF Personnel Manual (Manual 14)

9. NSF Policy Regarding the Privacy of Sensitive Information

10. NSF Information Technology Privacy Policy

11. NSF Policy and Procedures for Responding to Computer Security Events

1. All Contractor personnel performing under this contract and requiring access to NSF information systems, networks, or data must comply with all Federal Information Security Management Act (FISMA), Office of Management and Budget (OMB), Homeland Security Presidential Directive 12 (HSPD-12), National Institute of Standards and Technology (NIST) and NSF IT security policies, procedures and guidance and in the NSF Personnel Manual - Personnel Security/Suitability Program (Manual 14).

2. The Contractor is responsible for its employees’ conduct and establishing in- and out-processing procedures that ensure accomplishment of the actions identified in this clause.

3. Contractor personnel assigned to work at NSF facilities may be issued a Federal identity card and/or NSF building access card that permits their entrance to NSF facilities without going through visitor access processes. Contractor personnel may also be granted certain other privileges such as NSF e-mail accounts and/or access to NSF information systems. This access shall be provided solely at the discretion of the NSF, and may be revoked or withdrawn at any time, without notice or cause, by the Contracting Officer.

4. Contractor personnel requiring privileged access or limited privileged access to systems operated by a

Contractor for the NSF or interconnected to a NSF network shall be investigated at an appropriate level.

Contractor personnel requiring routine physical access to NSF facilities for more than six months require a Federal identity card and NSF building access card and shall be investigated (i.e., a National Agency Check with Inquiries or higher level investigation). The FBI National Criminal History Check must be completed, and the investigation must be scheduled by OPM, before the cards are issued. NSF shall submit the National Agency Check with Inquiries (NACI) (or higher level) investigation to OPM using the standard personnel investigation forms listed in this clause. Contractors are required to report to the NSF Human Resource Management (HRM) Security Office during business hours to be electronically fingerprinted, inputted into the online Electronic Questionnaire for Investigations Processing (eQIP) system and provide other required documents to begin the investigations process. The Contractor shall submit the required forms to the NSF HRM Security Office within five (5) days after award or assignment of an individual to a position requiring investigation.

a. Guidance for selecting the appropriate level of investigation is based on the risk of adverse impact to the NSF. The levels of risk for which investigation is required is as follows (IT-1 has the highest level of risk):

i. IT-1 -- Individuals having privileged access or limited privileged access to systems whose misuse can cause very serious adverse impact to NSF programs.

ii. IT-2 -- Individuals having privileged access or limited privileged access to systems whose misuse can cause significant adverse impact to NSF programs. These systems include, for example, those that interconnect with a NSF network in a way that exceeds access by the general public, such as bypassing firewalls; and systems operated by a Contractor for the NSF whose function or data has substantial cost to replace, even if these systems are not interconnected with a NSF network.

b. Investigation for individuals shall employ forms appropriate for the level of risk as follows:

i. IT-1: Electronic fingerprints, online Standard Form (SF) 85 Questionnaire for Non-Sensitive

Positions, Federal Employment and resume.

ii. IT-2: Electronic and Standard Form (SF) 85P Questionnaire for Public Trust Positions, Official

Form (OF) 306 Declaration for Federal Employment, Credit Report Notice Form and resume.

c. Investigation of Contractor personnel may be waived by the HRM Security Office for individuals in cases where proof of prior investigation at the NACI or higher level within the last two years can be obtained.

d. Until favorable results are received from the FBI National Criminal History Check and OPM has scheduled an investigation, NSF will not issue a Federal identity card and NSF building access card.

Contractors will use the temporary visitor badge.

5. The Contractor shall ensure that its employees, in performance of the contract, receive initial IT Security

Awareness Training before being granted access to NSF systems and networks, and receive refresher IT Security Awareness Training annually. The Contractor may use web-based training available from the NSF to meet this requirement.

6. a. The Contractor shall ensure that its employees, in performance of the contract, sign and submit the

“National Science Foundation (NSF) Information System Access Rules of Behavior” before being granted access to NSF systems and networks.

b. In accordance with requirements set forth in the Federal Acquisition Regulation (FAR) and guidance issued by OMB, all contractor personnel attending meetings, interacting with NSF staff to complete work assignments, and working in other situations where their contractor status is not obvious to third parties or internal agency staff, are required to identify themselves as contractor employees, including email signature blocks and voicemail. Similarly, documents or reports produced by contractors must be suitably marked as contractor products, or ensure that contractor participation is appropriately disclosed.

Contractors interacting with Government staff or the public for purely administrative functions, such as for the purpose of forwarding telephone calls, may be exempted from this self-identification requirement.

7. The Contractor shall be responsible for Information Technology security for all systems used in performance of this contract, or those which are connected to a NSF network. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor must have physical or electronic access to NSF’s information, including sensitive information and personally identifiable information, contained in unclassified systems that directly support the mission of the Agency. This includes information technology, hardware, software, and the management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

8. Federal Desktop Core Configuration & US Government Configuration Baseline: The contractor shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC) and US Government Configuration Baseline (USGCB). The standard installation, operation, maintenance, updates, and/or patching of software shall not alter the configuration settings from the approved FDCC/USGCB configuration. Offerings that require installation should follow OMB memorandum 07-18. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. The contractor shall use Security Content Automation Protocol (SCAP) validated tools with FDCC/USGCB Scanner capability to certify their products operate correctly with FDCC/USGCB configurations and do not alter FDCC/USGCB settings.

9. In the course of performing official duties, Contractors may have the need to access sensitive information or personally identifiable information (PII). Sensitive information includes personally identifiable information and sensitive NSF information such as proposal review, reviewer identity tied to reviews, unfunded proposals, proprietary parts of funded proposal; and other similar information. The majority of sensitive information maintained by NSF is in systems of records protected under the Privacy Act sensitive data. Sensitive information may also exist in other types of records, such as databases, log files, e-mail, and correspondence files. All Contractor personnel are responsible for recognizing sensitive information and avoiding inappropriate or accidental access, use, or disclosure in accordance with NSF IT policies.

a. Personally identifiable information (PII) refers to information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc., alone or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. All Contractor personnel are responsible for recognizing personally identifiable information and avoiding inappropriate or accidental access, use, or disclosure in accordance with NSF IT policies.

10. The Contractor must not use or redistribute any NSF information processed, stored, or transmitted by the

Contractor except as specified in the Contract.

11. For Information Systems NSF has identified as Major Applications or General Support Systems (GSS) that are not connected to a NSF network, but for which the Contractor has operational responsibility on behalf of NSF, the Contractor must conform to all NSF policy guidance and reporting requirements regarding assessment and authorization (A&A) of IT systems. NSF shall perform all the assessment activities as outlined in NIST SP 800-37, while the contractor will provide full support and documentation to NSF for this effort. Unless otherwise specified by NSF, NSF shall fulfill the roles of “Senior Agency Information Security Officer” and “Authorizing Official” as outlined in NIST SP 800-37 Appendix D. For all CO systems, NSF shall establish accreditation boundaries and assessment schedules.

a. The A&A activities will be done prior to service commencement (go-live into Production) and periodically thereafter as required by Federal or NSF policies. This is currently every three years.

b. On the years where a full A&A is not performed, there will still be a security assessment performed in accordance with the guidance in NIST SP 800-37.

12. The Contractor (and subcontractors) shall fully cooperate with all audits, inspections, investigations, or other reviews conducted by or on behalf of the Contracting Officer or the Chief Information Security Officer or designated representative including the IT Security Officer. Full cooperation includes, but is not limited to, prompt disclosure to authorized requestors of information sufficient to identify the nature and extent of any computer security incident, including a breach of sensitive information or personally identifiable information and the individuals responsible for such activity. It includes timely and complete production of data, information, and records requested in connection with any audit, inspection, investigation, or review, making employees of the contractor available for interview by auditors, inspectors, and authorized requestors upon request, and providing prompt access to contractor facilities, systems, data, and personnel to the extent the auditors, inspectors, and authorized requestors reasonably believe necessary to complete the audit, inspection, investigation, or other review. The Contractor’s (and any subcontractors’) cooperation with audits, inspections, investigations, and reviews conducted under this clause will be provided at no additional cost to the Government.

13. At any time during the term of this contract or task orders issued hereunder, Contractor personnel issued a Federal identity card and NSF building access card, or granted access to NSF e-mail or any other NSF information system, that do not require any further access, and/or at completion, expiration or termination of any such contract or task order where access has been granted, SHALL;

a. Complete and submit the online Contractor/Guest Exit Form, which will result in termination of all access to any NSF e-mail accounts and information systems.

b. Report to the second floor guard station (located outside Room 225), identify themselves to the personnel present, and surrender their Federal identity card and NSF building access card.

c. Notify the Contracting Officer Representative (COR) and appropriate Property Custodian of any NSF equipment to be surrendered to NSF.

14. Contractor personnel will be considered not to require access to NSF facilities for work performance upon expiration of this contract or task orders issued hereunder.

15. The Contractor shall incorporate the substance of this clause in all subcontracts.

(End of Clause)

C.6 NSF 070 - REPLACEMENT OF PERSONNEL – CONTRACTOR PERSONNEL CONDUCT (AUG 2010)

The Contractor shall be responsible for the furnishing of personnel fully qualified to perform the services as provided for in this contract. As a designated representative of the Contractor, Contractor personnel are expected to perform and act in a professional manner at all times. The Contractor shall be fully responsible for the actions of Contractor employees during the performance term of this contract.

Performance of contract services may involve work and/or residence on Federal and other program facilities as required by the contract. Contractor employees are expected to follow the rules of conduct established by the manager of such facilities that apply to all (both Government or non-Government) personnel working or residing on such facilities. A copy of such rules will be available from the facility manager.

Personnel who perform ineffectively, refuse to cooperate in the fulfillment of the project objectives, are unable or unwilling to adapt to field living conditions, or whose general performance is unsatisfactory or otherwise disruptive, shall be replaced by the Contractor.

The Contracting Officer shall notify the Contractor of all unsatisfactory conduct or performance, stating the conditions of unsatisfactory or unsafe performance by contractor personnel. An opportunity for corrective action may be afforded, when the conditions warrant. When directed by the Contracting Officer, the Contractor agrees to replace unacceptable personnel in a time period as mutually agreed upon.

C.7 NSF 110 - SUBMISSION OF PROPER INVOICE (APR 2013)

In order to initiate payment, the Contractor shall submit proper invoices for reimbursement in the manner and format described herein.

Contractors that are small businesses under the appropriate NAICs code for this contract are permitted to request accelerated payments in accordance with the OMB Memorandum, Accelerating Payments to Small Businesses for Goods and Services, dated September 14, 2011. Requests for accelerated payments shall be made through designating in bold lettering or other prominent display on or near the top of the invoice “Small Business Invoice”. Per the OMB Memorandum, Accelerating Payments to Small Businesses for Goods and Services, dated September 14, 2011, the accomplishment of accelerated payments to small businesses is a goal and not a guarantee.

The following data must be included in an invoice for it to constitute a proper invoice:

a. Name of Contractor and invoice date;

b. Contract number, or other authorization for delivery of property or services;

http://www.whitehouse.gov/sites/default/files/omb/memoranda/2011/m11-32.pdf

c. Description, price, fee (if applicable), and quantity of property and services actually delivered or rendered;

d. Shipping and payment terms;

e. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

f. Other substantiating documentation or information as required by the contract;

g. Period of performance.

Form: The Contractor may use its own form, providing all the above information is on the invoice. However, it is preferred that invoices be submitted on the Government Standard Form 1034, “Public Voucher for Purchases and Services Other Than Personal-Continuation Sheet.” These forms are available from the Government Printing Office, 710 N. Capitol Street, Washington, DC 20801.

Address: Submit all proper invoices as follows:

a. One complete invoice (Original) without attachments to the National Science Foundation, Division of

Financial Management, Commercial Cash Management Section, Room II-605, 4201 Wilson Boulevard, Arlington, VA 22230.

b. One invoice copy with all attachments to the National Science Foundation, COR, XXXX Room XX, 4201 Wilson Boulevard, Arlington, VA 22230.

Final Invoice: Upon completion of the required work, the Contractor shall submit a completion invoice in compliance with the clause entitled, “(insert applicable clause name)”. This completion invoice must be clearly marked as such and be submitted promptly upon completion of the work, but no later than one year from the completion date of this contract. The Contractor shall submit the original completion invoice to the Contracting Officer for approval and copies of the completion invoice to DFM and (insert Program Office).

Payment Due Date: Payment under this contract will be due on the 30th calendar day following acceptance of each properly submitted invoice.

If any contract deliverables are rejected for failure to conform to the technical requirements of the contract or are otherwise unacceptable, the provisions of the paragraph immediately preceding will apply to delivery of acceptable contract deliverables, unless otherwise determined by the Contracting Officer.

All payments for proper invoices will be made via Electronic Fund Transfer (EFT).

C.8 NSF 120 - KEY PERSONNEL FOR AWARD (AUG 2010)

Personnel specified below are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other activities or programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact of such substitution upon the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer. Positions may be added or deleted from this clause during performance of the contract by mutual agreement of both parties.

Name Title

C.9 NSF 150 - NSF SYSTEMS SUBJECT TO PRIVACY ACT RESTRICTIONS

Performance of work by the Contractor may require access to and operation of the following NSF system of records:

Awards Management and Award Letter System (Award);

eJacket;

FastLane; and Research.gov

This system of records is subject to the requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and applicable NSF regulations governing their use. Violation of the Act may involve the imposition of criminal penalties and/or civil sanctions. Please see the following NSF website for more information regarding system privacy act restrictions: http://www.nsf.gov/policies/pia.jsp

C.10 NSF 250 - RESTRICTIONS AGAINST DISCLOSURE OF INFORMATION (JAN 2014)

(a) The Contractor agrees that it will take such measures as are necessary to restrict access to applicant and panel records, as well as any other information related to work pursuant to this contract (including, but not limited to, any information relating to legal, policy, program, operational or other issues, whether concerning existing, proposed or contemplated legislation, regulations, policy issuances or similar matters or otherwise) to those employees and/or subcontractors of the Contractor needing such information to perform the work required there under, i.e., on a "need-to-know" basis. This Clause does not apply to information which has been released to the public by NSF or which is available to the public other than by the Contractor's breach of this Agreement.

http://www.nsf.gov/policies/pia.jsp

(b) The Contractor agrees to keep the restricted information in the strictest confidence. The Contractor also agrees not to publish, reproduce or otherwise divulge the Information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the Information, to those employees and/or subcontractors needing such information to perform the work required under the contract, i.e., on a "need-to-know" basis. The obligation to maintain confidentiality continues after completion, termination, or expiration of this contract. The Information must be made available only at the discretion of the NSF and subject to the Freedom of Information Act (5 U.S.C.

Sec. 552), as amended, The Privacy Act, (5 U.S.C. Sec. 552a), as amended, The Trade Secrets Act, (18 U.S.C.

Sec. 1905, as amended), and any other applicable laws or regulations. Further, the Contractor must notify the Contracting Officer of the transfer to subcontractors of any information prior to any such transfer. Upon completion of the Contractor's obligations, the Contractor must return or destroy all copies of restricted information, whether furnished by NSF or created by the Contractor and any subcontractor.

(c) The Contractor agrees to immediately notify the Contracting Officer, in writing, in the event that the Contractor determines or has reason to suspect a breach of any part of this clause.

(d) The Contractor agrees to immediately notify the Contracting Officer in writing, of any request received from any individual who is not a party to this contract, for access to information related to this contract.

Those requests will be directed to NSF's FOIA/Disclosure Officer for processing under the provision of the Freedom of Information Act. This paragraph does not apply to a request by an individual for access to information contained in records pertaining to that particular individual. However, if the individual wants copies of the actual records pertaining to him/her, he/she must first contact NSF's FOIA/Disclosure Officer.

(e) The Contractor agrees that it will not knowingly violate any statutory or regulatory restrictions against the disclosure of government records, including 5 U.S.C. Sec. 552a, as amended, 5 U.S.C. Sec. 552, as amended, 18 U.S.C. Sec. 1905, as amended, and implementing regulations. The Contractor also agrees that it will take steps to ensure that any subcontractor will also adhere to these restrictions.

(f) The Contractor is bound by Section (m) of the Privacy Act, 5 U.S.C. Sec. 552a(m) and as such is considered under the act to be an employee of the agency. Accordingly, the Contractor and any of its employees are subject to the criminal penalties of the Privacy Act, 5 U.S.C. Sec.552a(i).

(g) The Contractor will designate and identify an individual who must be responsible for the notifications required under sections (b), (c) and (d) of this agreement and who must receive all appropriate responses from the Contracting Officer (CO) or from NSF's FOIA/Disclosure Officer. The Contractor must take those steps necessary to ensure that the provisions of paragraphs a-g, inclusive, are adhered to by all directors, officers, agents and employees of the Contractor.

(h) The Contractor must place the provisions contained at Paragraphs a-g, above, in all subcontracts entered into pursuant to the contract where the subcontractor will have or may gain access to NSF information and, further, the Contractor agrees to enforce the provisions of this Clause against any and all subcontractors under this contract.

C.11 NSF 310 NOTICE OF REGISTERING IN FASTLANE (MAY 2015)

The prospective awardee shall, upon notification from the Contracting Officer, register in the NSF FastLane system prior to award. Instructions on how to register in FastLane are located at http://www.nsf.gov/bfa/dcca/contracts/FastLaneHelp_Register_an_Organization.pdf. The prospective awardee shall follow the instructions and inform the Contracting Officer when registration has been completed.

C.12 NSF 230 - PERFORMANCE EVALUATION SYSTEM (May 2013)

NSF utilizes the Department of Defense's (DOD) web based Contractor Performance Assessment Reporting System (CPARS) to provide Contractor performance evaluations. Within 15 days of contract award, the Contractor shall notify the Contracting Officer (CO) of the name(s) and e-mail address(es) of the Contractor Representative(s) that need to be assigned in CPARS by the NSF CPARS Focal Point. The contractor is responsible for (1) updating the Contractor Representative information to the CO if and when it changes during the term of the contract and (2) reviewing and commenting on proposed ratings and remarks within the required 30 day timeframe for all evaluations forwarded in the system by the Government Assessing Official, who is the CO. Reference material concerning CPARS, including the CPARS User Manual and Guidance for CPARS, is available at the CPARS website which is at http://www.cpars.gov/main/refmatl.htm.

C.13 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)

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996)

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) http://www.nsf.gov/bfa/dcca/contracts/FastLaneHelp_Register_an_Organization.pdf http://www.cpars.gov/main/refmatl.htm https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (41 U.S.C. 470410 U.S.C. 2402

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016)

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

__ (ii) Alternate I (Nov 2011)

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

__ (ii) Alternate I (Oct 1995)

__ (iii) Alternate II (Mar 2004)

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017)

__ (ii) Alternate I (Nov 2016)

__ (iii) Alternate II (Nov 2016)

__ (iv) Alternate III (Nov 2016)

__ (v) Alternate IV (Nov 2016)

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017)

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999)

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015)

__ (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)

_X_ (25) 52.222-3, Convict Labor (June 2003)

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

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

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016)

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016)

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015)

__ (ii) Alternate I (Mar 2015)

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015) https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645

__ (35) 52.222-59, Compliance with Labor Laws (OCT 2016)

__ (36) 52.222-60, Paycheck Transparency (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

__ (ii) Alternate I (May 2008)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016)

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

(JUN 2016)

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

__ (ii) Alternate I (Oct 2015)

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014)

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

__ (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)

__ (45) 52.223-20, Aerosols (JUN 2016)

__ (46) 52.223-21, Foams (JUN 2016)

__ (47)(i) 52.224-3, Privacy Training (JAN 2017)

__ (ii) Alternate I (JAN 2017)

__ (48) 52.225-1, Buy American—Supplies (May 2014)

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014)

__ (ii) Alternate I (May 2014)

__ (iii) Alternate II (May 2014) https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1169011 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1169137 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168917 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168928 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1189174 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197699 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192898 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038

__ (iv) Alternate III (May 2014)

__ (50) 52.225-5, Trade Agreements (OCT 2016)

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008)

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017)

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

__ (59) 52.232-36, Payment by Third Party (May 2014)

_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996)

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

__ (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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)

__ (2) 52.222-41, Service Contract Labor Standards (May 2014)

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014)

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153445 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128833 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147587 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1153423 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148260 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148274

__ (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)

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)

__ (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)

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008)

(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)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1120023 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787

(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. 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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 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.

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

(xii)

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).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii)…