RFQ Online Legislative Intelligence and Analysis Tool.pdf

Federal Trade Commission

FTC-23-ACQ-0015

Request for Quote Online Legislative Intelligence and Analysis Tool

FEDERAL TRADE COMMISSION

600 Pennsylvania Avenue, NW Washington, DC 20580

Background

The Federal Trade Commission (FTC) was created on September 26, 1914 when President Woodrow Wilson signed the Federal Trade Commission Act into law. The FTC is a bipartisan federal agency with a unique dual mission to protect consumers and promote competition.

The FTC’s mission is to protect consumers by preventing anticompetitive, deceptive, and unfair business practices, enhancing informed consumer choice and public understanding of the competitive process, and accomplishing this without unduly burdening legitimate business activity.

The FTC has a requirement for web-based subscription services to provide 24-hour access to up-to-date and comprehensive analysis and tracking of congressional legislative actions.

This is a Request for Quote (RFQ) solicitation for commercial items. This announcement constitutes the only solicitation.

Description of Requirement

Quantity 15 Users/licenses Option for increased quantities o Quote a price for each additional unit/year, preferably pro ratable to have all original users and added user subscriptions be renewable at one time upon exercising of an option to extend the term of the contract.

Alternative pricing o You may submit a quote for users in bundled increments (i.e., 1-5, 5-10, 10-15, 16-

20, etc.)

Scope

Single online source providing up-to-the-minute accurate information and 24 hour access to database/subscription services that provide the following content:

Hearings and Event Coverage

Daily online comprehensive Congressional hearing coverage, including:

o Hearing and mark-up summaries and analyses, online and pushed to e-mail.

o Witness testimony o In the case of particularly salient hearings “breaking news” updates on

Congressional member statements and witness testimony pushed to e-mail.

o Transcripts, produced no less than 48 hours after a hearing has been completed with advance notice of planned coverage Transcripts for policy speeches, political press conferences, and industry panels

Members of Congress

Member profiles, including:

o Biographies updated at least once a year o Member fact files, including key votes, election summaries, Committee positions, and archived news articles o Major employers (public and private) in state or district o State or district descriptions

Committee rosters with committee staff contacts Member staff with issue areas and contacts

Schedule

Schedules for Congressional hearings, hill events, policy speeches, and other open-to-the-public events

House and Senate floor daily agendas with anticipated amendments and analyses of legislation to be considered

Legislation

Bill track, bill comparison, and bill analysis with notification within 24 hours of actions on bills we select to track *

Prompt access to full bill texts at all legislative stages, its sponsors and co-sponsors, and analysis on all bills.

Keyword notifications* either in digest form or breaking, for words appearing in draft legislation, floor statements, amendments, and Committee reports o Notifications within 24 hours on keywords we select Mark-up coverage, including roll call votes and amendment text* Floor votes and amendments, including prompt summaries, texts, sponsors, votes on individual amendments* Daily budget and appropriations news update with analysis* Appropriations chart with mark-up information, status, and text Congressional archives Tracking of state legislation and regulations

News News with analysis and live updates on major Congressional news and legislation Daily digests for the day and week ahead in important issue areas PDFs of newly released documents of interest, including letters to and from Congress, agency and Congressional reports, and facts sheets from Congress and industry

General Custom search lists and reports for bills, keywords, members, votes, laws, and

Committees Custom e-mail alerts, including but not limited to all of the asterisked (*) fields above at least daily updates Complimentary web-based training and on-demand in-person training

Period of Performance

The FTC anticipates awarding a 1-year (12-month) base, with four 12-month option periods.

The anticipated start date is June 1, 2023. Therefore, the base period of performance is anticipated to be June 1, 2023 through May 31, 2024.

Instructions to Offerors

Along with the quote, the offeror may include a summary detailing its product capabilities and features. The summary shall be a maximum of 15 pages (excluding transmittal letter and pricing schedule/quote). The transmittal letter shall identify the RFQ number, the name of the firm submitting the quote, and any other materials that are attached.

Quotes must show an annual price for each title listed above for the base period and each option year, with an annual total for each period. The offer must acknowledge that the government, when exercising options, may extend the subscription period for either some or all titles in the list above, at its discretion, with no change in the option year pricing for titles being extended.

Submit all questions via email no later than 1:00 PM (ET) on Wednesday, April 12, 2023 to Jose Jaldin at jjaldin@ftc.gov. The Government reserves the right to transmit questions and answers to all prospective offerors.

Quotes must be submitted by email no later than 1:00 PM (ET) on Wednesday, April 19, 2023 to Jose Jaldin, Contract Specialist at jjaldin@ftc.gov. In the subject line of the email, please use “RFQ # FTC-23-ACQ-0015 – with offeror’s Company Name.”

The electronic submission must be compatible with Microsoft Office 2010 or as an Adobe Acrobat .pdf file and be searchable.

Evaluation Factors:

Evaluations will be on a lowest price technically acceptable basis. The evaluations will focus on the vendor’s ability to provide the most comprehensive data and services as described under the scope.

FTC Clauses

1152.201-90 Contracting Officer’s Representative (COR)

The contractor may accept technical direction, during the period of performance from the Contracting Officer’s Representative (COR), providing such direction is within the scope of the contract/order.

A. The COR is not authorized to change the scope of work as stated in the contract/order or obligate the Government (FTC) in any way. The Contracting Officer is the only agent for the FTC who has the authority to obligate the FTC or change the contract/order terms and conditions. Any such revision or obligation shall be authorized in writing only by the Contracting Officers. Any monies incurred beyond the dollar amount specified in this contract/order or its modifications may not be paid and does not warrant interest payments as offered under the Prompt Payment Act.

B. COR Responsibilities: A Contracting Officer’s Representative, (COR) has been named herein. The COR is responsible for:

(1) monitoring the contractor’s technical progress, including the assessment of performance and recommending to the Contracting Officer changes in scope of work, contract/order schedules and/or specifications to meet changes in requirement;

(2) advising on technical matters within the scope of work;

(3) performing technical evaluation as required;

(4) performing technical inspections and acceptances required by this contract/order; and

(5) assisting the contractor in the resolution of technical problems encountered during performance.

1152.203-90 FTC Non-Disclosure

The unauthorized use of Federal Trade Commission files or information contained therein is a violation of the Federal Criminal Code and is punishable by a fine of up to $10,000 imprisonment of up to ten years, or both. The Contractor agrees to have each person who uses the materials relating to this contract/order execute the "NONDISCLOSURE AGREEMENT FOR CONTRACTORS" attached hereto and return these documents to the Contracting Officer.

1152.203-91 Organizational and Individual Conflicts of Interest

(a) Applicability (see Federal Acquisition Regulation 9.502(c)): An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required. The same considerations apply when the Contractor is an individual, rather than an organization.

(b) The Federal Trade Commission (FTC or Commission) has determined that this Contract could result in an actual, potential, or perceived Organizational or Individual Conflict of Interest.

Specifically, work performed under this Contract could cause the Contractor to have to recuse itself, its subcontractor, or its firm from any actual, anticipated, or potential litigation or other matter in which the FTC has an interest, including, but not limited to, any FTC rulemaking, law enforcement investigation, Part 3 adjudicative (administrative) proceeding before the Commission, Federal court litigation, appeal, etc.

(c) The Contractor hereby represents that:

(1) There are no actual, potential, or perceived conflicts of interest; or

(2) There are actual, potential, or perceived conflicts of interest, but the conflict(s) can be avoided, neutralized or mitigated.

(d) If the Contractor represents that there are actual, potential, or perceived conflicts of interest, the Contractor must identify the conflicts and submit a written plan to avoid, neutralize, or mitigated said conflicts of interest prior to beginning work.

(e) The final decision as to the acceptance of the proposed plan to avoid, neutralize or mitigate any conflicts of interest rests with the Contracting Officer, after consulting with relevant FTC staff and officials. If the plan is deemed unacceptable, the FTC, in its sole discretion, may determine to waive the conflict where the public interest so warrants.

(f) If conditions change during contract performance that affect the Contractor’s conflict of interest assertion, the Contractor shall inform the Contracting Officer immediately of the change, and shall comply with the requirements of paragraph (d) above. Failure of the Contractor to comply in a timely manner with the requirement of this paragraph to notify the Contracting Officer, or the requirement of paragraph (d) to submit a proposed plan, shall be grounds for termination of the contract. The Government may deny any claim for payment for all or any portion of work performed by the Contractor, whether under this Contract or any other FTC contract, to the extent that such work, in the FTC’s sole judgment, is rendered unusable or otherwise unfit for the purpose it was required by the FTC, due to a conflict of interest that the Contractor failed to report or mitigate as required by this Contract.

(g) The Contractor shall insert the above conditions in each first tier subcontract, which shall be made binding on each such subcontractor.

1152.211-90 FTC Observance of Legal Holidays - Facility Closures

The Federal Trade Commission observes the following days as holidays: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal law, Executive Order, or Presidential Proclamation.

When any such day falls on a Saturday or Sunday, the preceding Friday or the following Monday is observed, respectively.

1152.232-91 Electronic Invoicing and Payment Requirements

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Bureau of Fiscal Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket agreements, delivery orders, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers, including services and support.

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866)973-3131.

Under this contract, the following information is required to be submitted as an attachment to the monthly IPP invoice:

• Contractor-generated invoice with detailed cost breakdown of the following elements:

• Labor (labor hours, labor categories, and labor rates)

• Labor overhead

• Materials / Supplies descriptions and quantities

• Subcontractor

• Consultant

• Travel

• G&A

Invoices without required attachments are subject to rejection.

Receipts are required to be submitted with the invoice as backup documentation for all materials/supplies, travel (hotel/airfare/car rental), and ODCs.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation.

PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check.

The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

1152.232-92 Limitation of Funds

(a) Contract Line Items in the Schedule in initial awards may be incrementally funded in an amount shown that is less than the extended price. For these items, the funded amounts that accumulate through modifications up to the extended price (as may be modified) are presently available for payment and allotted to this task order.

(b) For incrementally funded CLINS the Contractor agrees to perform up to the funded ceilings at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to any individual CLIN (fully funded or otherwise). The Contractor is not obliged to continue work under any individual CLIN beyond the cumulatively obligated funding. If, solely by reason of failure of the Government to allot additional funds by the dates indicated in Section G.2 – Funding Status below in amounts sufficient for timely performance of the contract line items identified in paragraph (a) of this clause, the Contractor incurs additional costs in the performance of the work under this task order and if additional funds are subsequently allotted, any hours expended and material costs incurred by the contractor in excess of the funded ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs incurred had been incurred after the increase of the funded ceiling. In the event of government cause delays, an equitable adjustment may be made in the price or prices (that may include appropriate target, billing, and ceiling prices where applicable) of the items, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact under the clause entitled “Disputes.”

(c) The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the task order for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” The total amount payable by the Government in the event of termination for convenience of applicable contract line item(s) for may include costs, profit, and substantiated termination settlement costs for those item(s). Nothing stated previously affects the right of the Government to terminate this task order pursuant to the clause of this contract entitled “Termination for the Convenience of the Government.” Furthermore, in the event of a termination for convenience of the task order, for line item(s) identified in paragraph (a), the Government’s liability is limited to the total amount allotted and obligated for those line item(s) as of the date of such termination.

(d) Notwithstanding the dates specified in the allotment schedule in Section G.2 Funding Status, the Contractor shall notify the Contracting Officer in writing at least 30 days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the task order for performance of the applicable items. The Contractor notification shall provide: (1) the estimated date when that point will be reached; and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in Section G.2 - Funding Status, or up to a mutually agreed upon substitute date. The notification shall also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the items funded, for a subsequent period as may be specified in the allotment schedule in Section G.2 – Funding Status or otherwise agreed to by the parties. If, after such notification, additional funds are not allotted by the date identified in the Contractor’s notification, or by a mutually agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(e) The termination provisions do not limit the rights of the Government under the clause entitled “Default.” This clause no longer applies once the task order is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e).

(f) Nothing stated previously shall be construed as authorization of voluntary services whose acceptance is prohibited under 31 U.S.C. 1342.

(g) Funding Status shows the level of funds thus far cumulatively obligated and the not-to-exceed amount that may yet be obligated.

Task Order Funding Status Recap:

Ceiling

Price Obligated Amount

Unobligated Amount

Period of Performance

Base CLIN 0001 $ $ $ Option 1 CLIN 0002 $ $ $ Option 2 CLIN 0003 $ $ $ Option 3 CLIN 0004 $ $ $ Total $ $ $

1152.242-91 Inspection and Acceptance

Inspection and Acceptance will be accomplished by the COR for services performed and/or products delivered.

FTC PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html#wp372482.

(End of provision)

THE FOLLOWING PROVISIONS ARE APPLICABLE.

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2016) WITH ALTERNATE

I (JUL 2013)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

52.209-5 CERTIFICATON REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Acceptability

2. Past Performance

3. Price

[Evaluations will be on a lowest price technically acceptable basis. Technical Acceptability will include acceptable findings for past performance.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JAN 2017)

Note: Effective 2/26/2016, this provision was revised to incorporate a new paragraph (q) entitled “Representation by Corporation Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.” Any offeror whose annual representations and certifications posted in the System for Award Management does not include the FEB 2016 or later version of provision 52.212- 3 must either

(a) Update its annual representations and certifications with the FEB 2016 or later version of provision 52.212-3, or

(b) Complete paragraph (b)(2) and provide this representation with its offer.

Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (MAR 2015)

52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) (OCT 2016)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND

RELATED ARTICLES (FEB 2016)

52.233-2 SERVICE OF PROTEST (SEPT 2006)

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 address:

https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP52.html#wp372482.

(End of clause)

THE FOLLOWING CLAUSES ARE APPLICABLE.

52.202-1 DEFINITIONS (NOV 2013)

52.203-7 PAYMEANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN

2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN

2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL

2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017) WITH ALTERNATE I (JAN 2017)

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (Executive Order 13658).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

(10) [Reserved]

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

657a).

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

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

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

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

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

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

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

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

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

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

13126).

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

(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

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

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O. 13423 and 13514).

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

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O. 13423).

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

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

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

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

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

(56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332)

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(12)).

(62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67, et seq.).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67, et seq.).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67, et seq.).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67, et seq.).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67, et seq.).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (May 2014) (41 U.S.C. chapter 67, et seq.).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

(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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. 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) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) ((Mar 2015) (22 U.S.C. chapter 78 and E.O. 1362

(B) Alternate I (Mar 2015) of 52.222-50 (Mar 2015) (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii)52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option].

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months (months)(years).

(End of Clause)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (SEP 2013)

***fill-in information in paragraph (d)*** [enter agency point of contact name, phone #, and e-mail address]

52.225-8 DUTY-FREE ENTRY (OCT 2010)

52.232-1 PAYMENTS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-25 PROMT PAYMENTS (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014)

52.243-1 CHANGES – FIXED PRICE (AUG 1987)

52.244-6 SUBCONTRACTS FOR COMEMRCIAL ITEMS (JUN 2016)