RFQ 2032H321Q00058- Terms and Conditions v4.pdf

REQUEST FOR QUOTE (RFQ) - 2032H321Q00058

Terrorism Risk Insurance Program (TRIP) for Terrorism Risk Modeling

TERMS AND CONDITIONS

PART 1 – SCHEDULE

SECTION 1: OVERVIEW

This Request for Quote (RFQ), 2032H321Q00058, is issued by the Internal Revenue Service (IRS), Office of Business Solutions Acquisition (OBSA), Treasury Operations Branch on behalf of the Terrorism Risk Insurance Program (TRIP) for Terrorism Risk Modeling intended to aid the Federal Insurance Office’s (FIO) efficient and effective administration of TRIP, as well as FIO’s continued monitoring and evaluation of the terrorism risk insurance market.

This solicitation is for commercial services and is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 13.5 - Simplified Procedures for Certain Commercial Items. The Contracting Officer (CO) reasonably expects, based on the nature of the services sought, and market research, that offers will include only commercial items. We are not using any method associated with FAR 15.3, Source Selection. To obtain full participation from qualified companies, this procurement will be posted for full and open competition on beta.sam.gov.

i. Type of action contemplated: Firm-Fixed Price (FFP) award.

ii. A notice regarding any set-aside: This RFQ is not set aside for Small Business.

iii. The associated North American Industrial Classification System (NAICS) code for this procurement is: 524298, Insurance Advisory Services, with a size standard of $16.5M.

iv. Contract Line Item Number(s) (CLINs): See Attachment 3 Price Submission

Worksheet

v. Description of requirements for the items/services to be acquired: See Attachment 1

Performance Work Statement (PWS).

vi. Period of Performance: Will consist of a 12-month base period and four (4) 12-month option periods.

vii. Place(s) of Delivery and Acceptance: See Attachment 1 PWS.

viii. Vendor(s) shall submit responses by 9:00AM ET, July 26, 2021. All questions are due via email NOT LATER THAN 12:00PM ET, June 30, 2021. Any questions received after that date and time may not be answered. All communication shall state in the subject line:

“RFQ #2032H321Q00058 for TRIP Terrorism Risk Modeling”.

ix. For information and/or questions regarding this RFQ please contact CO, Ricky

Callahan Jr., at Ricky.L.CallahanJr@irs.gov and Contract Specialist (CS), Acacia Harris, at Acacia.j.harris@irs.gov.

x. Additional Information: Be advised that all interested parties must be registered in the System for Award Management (SAM) Database in order to receive an award. If you are not registered you may request an application through the SAM website at https://beta.sam.gov/.

SECTION 2 – SERVICES AND PRICE / COST SCHEDULE

The Vendor shall agree in their Quote to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of Quotes.

SECTION 3 – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

3.1 Description

Reference Attachment 1 PWS

3.2 Government-Furnished Property and Information

No Government equipment or property is provided any data gathered or generated during the contract is to be considered confidential and becomes the property of the Government at the end of the contract period. The Government intends to provide the following information/data necessary to the generation of the report to the Contractor electronically: FIO Annual Data Collection datasets/methodology.

SECTION 4 – PACKAGING AND MARKING

All information submitted to the CO or COR shall clearly indicate the contract number for which the information is being submitted.

SECTION 5 – INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work, performance, reports and other deliverables mailto:Acacia.j.harris@irs.gov https://beta.sam.gov/ http://www.sam.gov/ under this contract shall be at the Government’s location(s). In addition, performance standards, acceptable quality levels, method of surveillance, and resulting impact are provided as the Quality Assurance Surveillance Plan, Attachment 2.

SECTION 6 – DELIVERIES OR PERFORMANCE

6.1 Period of Performance

The period of performance will consist of a twelve-month base period and four option periods of twelve months each.

This contract includes a one (1) six-month option period, which may be unilaterally exercised by the Government. Exercising of any of the option periods is contingent upon the Government’s determination on need and available funding. All terms and conditions applicable to the base period shall extend to the options periods unless otherwise agreed upon.

6.2 Place of Performance

The Contractor shall perform work under this contract at the Contractor’s facility. Meetings will be conducted virtually.

SECTION 7 – CONTRACT ADMINISTRATION DATA

7.1 Contract Administration Office

The Contracting Officer (CO) for this task order is as follows:

Internal Revenue Service (IRS) Office of Business Solutions Acquisition (OBSA), Treasury Operations Branch

Name: Ricky Callahan, Jr., Contracting Officer Address: 5000 Elin Rd.

Lanham, MD 20706 Phone: (240)-613-5429 Email: Ricky.L.CallahanJr@irs.gov

7.2 Vendor’s Quote

The Vendor’s Quote, or portions thereof, may be incorporated into the contract at the discretion of the CO.

7.3 Federal Operations

A. The Contractor shall establish a standard holiday schedule that coincides with the Government's schedule for employees working on a Government site(s). All Government offices will be closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule or conduct routine work that requires Government personnel to participate on Federal holidays. Holidays observed are listed below. The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the below listed days as holidays. The following is a list of Government holidays:

• New Year’s Day,

• Martin Luther King’s Birthday,

• President’s Day,

• Memorial Day,

• Independence Day,

• Labor Day,

• Columbus Day,

• Veteran’s Day,

• Thanksgiving Day,

• Christmas Day, and

• Inauguration Day (every fourth year) (Washington, DC)

When such holidays fall on a Saturday, the preceding Friday will be considered the holiday.

When such holidays fall on a Sunday, the succeeding Monday will be considered the holiday.

B. No work shall be performed by Contractor personnel on Federal holidays or other non-work days without prior written approval of the Contracting Officer Representative.

C. Work performed on holidays, weekends, or other non-work days shall be billed at the

"normal" unit prices.

D. There are certain types of irregularly occurring circumstances that prompt the Government to close offices where Contractor personnel are working, either on a national or local basis (e.g., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor personnel shall not work if the Government is closed, unless otherwise authorized by the CO.

7.4 Contract Holder Point of Contact

The contract holder shall provide the CO and COR with a primary point of contact. This individual will be the point of contact for all contract issues and/or administrative issues.

7.5 Security

Contractor personnel performing work shall comply with requirements as established in Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. Contractor shall be responsible for acquiring and securing personnel clearances if required.

A. Information Technology Security: To be considered in compliance with Treasury requirements, the Contractor’s Data Center and system must undergo a Security Assessment and Authorization (SA&A). The SA&A must be performed in accordance with all applicable laws, regulations, and policies. (see Technical Exhibit 2 for SA&A requirements). This includes the requirement of the Contractor to abide by Treasury’s Rules of Behavior and to notify Treasury in the event sanctions are applied under the Contractor’s internal process to any employee of the Contractor determined to be in violation of the Rules of Behavior. The SA&A may reveal actions that the contractor will need to take for compliance with all applicable laws, regulations, and policies:

1. NIST SP 800-53 Rev 5, Security and Privacy Controls for Federal Information Systems and Organizations, which can be found at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf

2. NIST SP 800-53A, Revision 4, Guide for Assessing the Security Controls in Federal Information Systems

3. NIST SP 800-18 Rev. 1, Guide for Developing Systems Security Plans for Federal Information Systems

4. NIST SP 800-160, Systems Security Engineering: Considerations for a Multidisciplinary Approach in the Engineering of Trustworthy Secure Systems

5. NIST SP 800-30, Rev. 1, Risk Management Guide for Information Technology Systems

6. NIST SP 800-34, Contingency Planning Guide for information Technology Systems

7. NIST SP 800-37 Rev. 2, Guide for Applying the Risk Management Framework to Federal Information Systems

8. NIST SP 800-60, Rev. 1, Guide for Mapping Types of Information, and Information Systems to Security Categories

9. NIST SP 800-61, Rev. 2, Computer Security Incident Handling Guide

10. Federal Information Security Management Act of 2002 (FISMA)

11. Treasury Directive Publication (TD P) 85-01, Treasury Information Technology Security Program, Volume I Policy, Part 1 Sensitive Systems

12. DO-910 v1.0, Department of the Treasury Departmental Offices Information Technology Security Policy Handbook

7.6 Key Personnel

(a) The Contractor shall identify the employee(s) who will be designated as Key Personnel under this contract in accordance with section IX of the PWS. The personnel provided shall be considered essential to the work being performed.

(b) The Contractor shall use the key personnel set forth in its price for performance of the effort set forth under the contract. In the event that one or more of the personnel are not available, or become unavailable, the Contractor shall furnish substitute personnel of equal or superior relevant skills, which substitutions shall be subject to approval by the CO. During the contract performance period, any substitution or replacement of key personnel must be proposed by the Contractor and authorized by the CO in advance of such actual substitution or replacement

(c) Substitution of Key Personnel –

(1) The Contractor shall assign to the contract those persons whose resumes were submitted with its offer who are necessary to fill the requirements of the contract. No substitutions shall be made except in accordance with this clause.

(2) The Contractor shall not allow personnel substitutions during the contract performance period unless the Contractor promptly notifies the CO, with a copy to the COR, and provides the information required by paragraph (3) below. All proposed substitutions must be submitted, in writing, at least fifteen (15) working days in advance of the proposed substitutions to the CO, and provide the information required by paragraph (3) below.

(3) All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the CO needed to approve or disapprove the proposed substitution. All proposed substitutions must have relevant qualifications that are equal or superior to the qualifications of the person(s) to be replaced. The CO, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

7.8 Travel

Travel is NOT authorized for this work.

7.9 Invoice and Payment Instructions

(a) Invoices shall be submitted electronically to www.ipp.gov.

(b) An electronic copy shall also simultaneously be submitted to the COR and the

Contracting Officer.

(c) Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.

(d) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

(e) In addition to the requirements for a proper invoice in the Federal Acquisition Regulation, the Government intends to accept and process invoices for this effort on the following basis during each Period of Performance exercised:

(i) Customized Models/All Reports

1. Invoice 1: Contingent upon acceptable performance during each Period of Performance, the Government will accept and process Invoice 1 upon completion of Review Meeting 2 in the amount of 33% of the total contract price.

2. Invoice 2: Contingent upon acceptable performance during the Period of

Performance, the Government will accept and process Invoice 2 upon completion of Review Meeting 3 in the amount of 33% of the total contract

3. Invoice 3: Contingent upon acceptable performance and acceptance of the final deliverables and training during each period of performance, the Government will accept and process Invoice 3 upon completion of Review Meeting 3 in the amount of 34% of the total contract price.

4. Annual Maintenance: Annual maintenance will be invoiced and paid in

1/12th increments over the period of performance.

(ii) COTS Models/All Reports

1. Invoice 1: COTS Model: The Government will accept and process payment for the COTS application upon receipt of the application software, once the http://www.ipp.gov/ http://www.ipp.gov/ http://www.ipp.gov/

Government has determined that the software satisfies all listed constraints and conditions to be deployed in a Treasury Cloud environment.

2. Invoice 2 (Requested Reports): Contingent upon acceptable performance during each Period of Performance, the Government will accept and process Invoice 2 upon completion of Review Meeting 1 in the amount of 33% of the deliverable contract price.

3. Invoice 3 (Requested Reports): Contingent upon acceptable performance during the Period of Performance, the Government will accept and process Invoice 3 upon completion of Review Meeting 2 in the amount of 33% of the total contract price.

4. Invoice 4 (Requested Reports): Contingent upon acceptable performance and acceptance of the final deliverables and training during each period of performance, the Government will accept and process Invoice 4 upon completion of Review Meeting 3 in the amount of 34% of the total contract

5. Annual Maintenance: Annual maintenance will be invoiced and paid in

1/12th increments over the period of performance.

SECTION 8 – SPECIAL CONTRACT REQUIREMENTS

8.1 Non-Disclosure

The Vendor recognizes that, in performing this contract, the Vendor may obtain access to non- public information that is confidential or proprietary in nature. Except as permitted by the contract, the Vendor agrees that it, its employees, its subcontractors, and its subcontractors’ employees (“Vendor”) will not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of the contract or Task Order for any purpose other than to perform work under the contract without first receiving written permission from the CO. The Vendor shall secure information received from or prepared or gathered for the Treasury under this contract in a secure location with access limited to only those personnel with a “need to know.”

8.2 Organizational Conflict of Interest

A. The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances, which could give rise to an organizational conflict of interest as defined in FAR Subpart 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information in writing to the CO.

B. The Contractor is responsible for notifying the CO of any actual or potential organizational conflict of interest that arises after contract award. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the CO no later than three business days after discovery, to include conflicts or potential conflicts that may surface at the subcontract level. This disclosure must include a description of actions which the Contractor has taken or proposes to take, after consultation with the CO, to avoid mitigate or neutralize the actual or potential conflict.

C. The CO may impose appropriate constraints to avoid or mitigate any actual or potential organizational conflict of interest. The CO may terminate the contract for convenience, in whole or in part, if he/she deems such terminations necessary to avoid an organizational conflict of interest. If the Contractor was aware, or should have been aware, of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the CO, the Government may terminate the contract for default, recommend suspension or debarment of the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or the contract.

D. The Contractor further agrees that it shall include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the CO.

PART 2 – CONTRACT PROVISIONS AND CLAUSES

2.1 Provisions

DTAR 1052.209-70 - Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)

(a) Definitions. As used in this provision—

Authorized representative(s) of the offeror means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.

Delinquent Federal tax liability means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Tax check means an IRS process that accesses and uses taxpayer return information to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

(b) Notice. Pursuant to 26 U.S.C. 6103(a) taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).

(1) The performance of a tax check is one means that will be used for determining an offeror's eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:

The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror's response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of [insert OFFEROR NAME] on this offer.

I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

I consent to disclosure of taxpayer return information to the following person(s):

I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

I consent to disclosure of taxpayer return information to the following person(s):

[insert PERSON(S) NAME AND CONTACT INFORMATION]:

I certify that I have the authority to execute this consent on behalf of [insert OFFEROR

NAME].

Offeror Name:

Offeror Taxpayer Identification Number:

Offeror Address:

Name of Individual Executing Consent:

Title of Individual Executing Consent:

Signature:

Date:

IR1052.239-9010 – Information System and Information Security Control Standards and Guidelines Applicability (Jul 2019)

As part of its information security program, IRS identifies security controls for the organization’s information and information systems in the following two key standards and guiding documents:

o Internal Revenue Manual (IRM) 10.8.1 – Information Technology (IT) Security, Policy and Guidance, and o Publication 4812 – Contractor Security & Privacy Controls.

While IRM 10.8.1 and PUB 4812 are both based on the latest version of NIST SP 800- 53, they apply to different operating environments—internal and external to the organization, respectively.

The contractor, by signing its offer, hereby asserts to the best of its knowledge and belief that the security control guideline(s) most suitable and applicable to the immediate contracting action, with due consideration to its proposed approach (and work environment) for fulfilling the Government’s requirements and standards for applicability described herein, is as follows (check only one block):

IRM 10.8.1 only PUB 4812 only Both IRM 10.8.1 and PUB 4812

Unless the Contracting Officer (CO) determines, in consultation with Cybersecurity, that a different (or a second) security control standard or guideline is warranted, the security level selected/applied for by the contractor under IR1052.239-9010 shall stand. In the event the Government determines a different (or second) security control standard or guideline is warranted, the CO shall advise the contractor, in writing, of the Government determination, and reflect the correct/appropriate security control standard or guideline in the ensuing contract.

a. If PUB 4812 is selected (alone or in combination with IRM 10.8.1) as the most suitable security control guideline, the contractor must identify, as part of its proposal submissions (or its submissions under any modification to an existing contract incorporating this clause), the most suitable security control level within the following hierarchy of security control levels (from lowest or highest):

• Software Application Development or Maintenance (SOFT)

• Networked Information Technology Infrastructure (NET) (See PUB 4812, Appendix C for guidance in selecting the security control level most suitable and appropriate to the immediate contracting action. If additional guidance is needed in selecting the security control level, contact the CO.)

b. The contractor, by signing its offer, hereby asserts to the best of its knowledge and belief that the security control level under PUB 4812 most suitable and applicable to the immediate contracting action, with due consideration to its proposed approach (and work environment) and standards for applicability described herein, is as follows (check only one):

SOFT NET

c. Unless the CO determines, in consultation with Cybersecurity, that a different (higher or lower) security control level is warranted for contracts subject to PUB 4812, the security level selected/applied for by the contractor will govern throughout the life of the contract. In the event the Government determines a different (higher or lower) security level is warranted, the CO will advise the contractor, in writing, of the Government determination. At the end of the contract, for all security levels, the contractor must provide a plan and document the implementation of this plan to ensure that all hard copy and electronic data is returned to the IRS, sanitized, or destroyed.

d. Failure by the contractor to check any block will result in the use of both guidelines (and for the PUB 4812 portion, use of the most stringent security control level (Software) until and unless the CO, in consultation with IT Cybersecurity, determines otherwise.

e. If required by the Contracting Officer’s Representative (COR), the contractor will be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information.

f. Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS.

(End of provision)

2.2 Clauses

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsite.html

The following clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date 52.212-4 Contract Terms and Conditions-Commercial Items Oct 2018

The following clauses are incorporated by full text:

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 2021)

(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:

http://farsite.hill.af.mil/farsite.html http://farsite.hill.af.mil/farsite.html https://www.acquisition.gov/far/part-12#FAR_12_301

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (June 2020), 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 (Jun 2020) (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.)

_ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

_ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_4

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_ X _ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_ _ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_ X _ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_ X _ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_ X _ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_ X _ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ X _ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_ X _ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_ X _ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_ X _ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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_ X _ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_ X _ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

_ X _ (36) 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.)

__ (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 (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (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 (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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_ X _ (51) 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).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X _ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ X _ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (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.

__ (iii) Alternate II (Feb 2006) 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:

_ X _ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_ X _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ X _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_53

_ X _ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_ X _ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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…