Request_for_Quote_Senior_Consultant.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

09/06/2019

Subject: Request for Quote (RFQ) 0005498

The Federal Bureau of Investigation (FBI), requests your quote for Senior Consultant Support for the Trace Evidence Unit (TEU), Laboratory Division (LD).

The government intends to award a Firm Fixed Price (FFP), twelve month Purchase Order. This RFQ (Request for Quote) is being conducted as a Small Business Set-Aside.

This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13 as supplemented with additional information included in this request.

Your quote is being requested and a written solicitation will not be issued. The NAICS code is 541611, Administrative Management and General Management Consulting Services. Size standard is $15,000,000. This RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2019-04, effective September 06, 2019. The RFQ number is 0005498 and shall be referenced on your quote.

Schedule of Events The following Schedule of Events is included for your guidance. Although every effort will be made to strictly adhere to this schedule, the FBI reserves the right to change these dates as necessary.

Event Date

· Release of RFQ…………………….………….……...….....Friday, September 06, 2019

· Questions Due…………………….Wednesday, September 11, 2019, 10:00 am, Eastern

· Responses Due……………………….……………….…Thursday, September 12, 2019

· Quote Due……………………...…Wednesday, September 18, 2019, 10:00 am, Eastern

Sincerely,

SF-1449

Introduction Background The mission of the Scientific Analysis Section is to help provide the FBI, Law Enforcement, and the Intelligence Community with timely and accurate scientific and technical support in the forensic disciplines and sub disciplines of chemistry, cryptanalysis, firearms and toolmarks, questioned documents, and trace evidence.

The Trace Evidence Unit (TEU) supports the investigative and intelligence priorities of the FBI and law enforcement community by providing scientific examination of physical evidence in the areas of hairs, fibers, fabric, cordage, soil, glass, geologic materials, building materials, and anthropological evidence.

As technology and science advance in making new discoveries, disciplines within the FBI Laboratory, as a matter of practice, should evaluate the application of new methods and innovative techniques to better achieve scientific and technical activities which support the FBI mission.

Scope The FBI Laboratory is requesting to contract professional services with an outside subject matter expert in the examination and comparison of hairs, fibers, glass, soil, geologic materials, building materials and other trace evidence related materials in order to perform a comprehensive review of current examinations and procedures used. The purpose of this review is to evaluate current TEU SOPs in order to identify areas for improvement and to recommend new methods and/or innovative techniques to enhance unit capabilities.

Requirements / Specifications

This is a non-personal services contract. The Government will not exercise any supervision or control over Contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Government anticipates requiring one individual within the following labor category under Tasks to complete the requirement. Descriptions outlined for the position may not be all inclusive of the duties, responsibilities, and functions required for the position. (1) Senior Consultant.

3 Tasks

The Contractor personnel shall assist by evaluating current SOPs and, if appropriate, recommend new procedures to augment the current capabilities of the unit. Contractor personnel shall be expected to interview scientists, draft and review documents, correspond with Government personnel and other Contractors, and provide other related services in performance of this contract. The Contractor will provide project specific technical support in developing recommendations for new process or procedures to be used by TEU.

· Services: The Contractor shall conduct interviews with TEU staff to understand current processes and gain insight on current procedures being followed. The Contractor may request to interview other appropriate Laboratory Division (LD) staff, as appropriate. The Contractor will provide a comprehensive report detailing observations on current Standard Operating Procedures (SOPs) and any recommendations for new procedures. This report will cover areas not limited to operations research, risk assessment, earned value management, quality assurance and milestone / schedule tracking.

· Training and Knowledge Transfer (if applicable): The Contractor will provide a set of recommendations and processes that are to be in a written deliverable with the objective of improving the current SOPs or recommending new procedures with detailed processes that can be incorporated into new SOPs, if appropriate.

· Support: The Contractor will document the assessment and include recommendations, as required by the SOW. Also, the Contractor will include monthly written reports to the TEU Unit Chiefs (UC), TEU Technical Leaders (TLs), and the Contracting Officer’s Representative (COR) on their progress. This may include improvements to existing SOPs and recommendations on new procedures.

3.1 Labor Category Level of Effort

This Task Order will be a Time-and-Material (T&M) Contract for twelve (12) months with different deliverables. Deliverable 1 – 4 start immediately at contract award. Optional – Deliverable 5 begins immediately after Deliverables 1 – 4 end. All tasks shall be completed within the Period of Performance.

The following table breaks out the estimated labor category and not to exceed (NTE) hours for the entire twelve (12) month period of performance.

Minimum Qualifications:

· Senior Consultant shall be an expert in forensic science analysis in the areas of hairs, fibers, glass, soil, geologic materials, building materials and other trace evidence related materials with proven ability to identify and resolve problems and make beneficial recommendations based on analysis findings.

· Bachelor’s degree from an accredited Institution in scientific field of study.

· Five years (5) years or more related experience in providing technical or communication support in the forensic science areas listed in the bullet above.

· Able to prepare and modify documents; to include correspondence, reports, drafts, memos, and e-mails.

· Strong verbal communication skills; able to conduct ono-on-one and group training sessions.

· Proficient in Microsoft Office suite; to include MS Word, MS Excel, MS Outlook, PowerPoint, and SharePoint.

· Experienced in gathering, reviewing, and analyzing scientific data to predict needs and make enhancement recommendations

· Strong problem - solving skills, research skills and attention to detail

Desired Qualifications

· Master’s or PhD in an applicable Forensic Science field is preferred.

· Can work independently

· Good interpersonal skills and the ability to work effectively with others, works well under pressure supervised or independently.

· Experience creating and leading a training course 4 Place of Performance

All work but the interviews of Government personnel at the FBI Laboratory at Quantico, VA and presentation of deliverables to staff at Quantico shall be performed at the Contractor site.

Contractor Access to Government Facilities

The occasional access to the FBI Laboratory at Quantico, VA will be required and the Contractor shall sign-in as a visitor and will be accompanied by a Government escort.

5 Period of Performance

The period of performance will be approximately six (6) months from award with possible sporadic ad hoc support required for the remaining six (6) months of the year.

6 Hours of operation

The Contractor shall establish its own schedule to meet Government requirements as detailed in this Statement of Work. For information, Government staff may be available between 6:00 a.m. and 6:00 p.m. with core work hours of 9:00 a.m. through 3:00 p.m. The Government Task Lead (GTL) will assist the Contractor in scheduling interviews and meetings.

7 Deliverables

The Contractor shall prepare the following reports to document various aspects of the SOPs they are studying and what steps are being considered to improve it. The format of the reports will be provided by the GTL.

7.1 Deliverable 1 – Monthly Progress Reports

Reports will be given on a monthly basis to the TEU UC, TEU TLs, and the COR detailing progress of the study and give an overview of what the consultants are learning and provide insight on solutions, if any, being considered. This may include improvements to existing SOPs and recommendations on new procedures. The content shall also contain, at a minimum, Staffing Summary, Hours and Labor performed, Current Management and Administrative problems, and Action items. The Contractor shall also provide a bi weekly status report that describes the activities that were completed (highlights), areas of risk, and personnel and their responsibilities for that time period. The format will be agreed to by the Contractor and COR at the start of performance.

7.2 Deliverable 2 – Interviews with Scientists and documentation The Contractor will conduct interviews in order to understand current methodologies and gain insight as to how the TEU’s mission is currently achieved. Interviews will help the Contractor understand current processes, identify potential areas for improvement in existing SOPs, and identify potential new procedures that could be implemented. Interviews may continue to be conducted up until the completion of the project. Documentation should include notes from interviews along with research on improving process.

7.3 Deliverable 3 – Preliminary Recommendations of SOP Improvements Identified The Contractor will provide the TEU UC, and TEU TLs with an initial set of recommendations and allow for a period of discussion of their findings. If new procedures are recommended, the Contractor will provide specific recommendations regarding the detailed processes that can be incorporated into the new SOPs.

7.4 Deliverable 4 – Final Analysis and Recommendations Report Following the FBI’s review and evaluation of the Preliminary Report, the Contractor will provide a Final written report to the TEU UC, TEU TLs, and COR. The document will be comprehensive as it will detail what the study showed about the current SOPs in use by the TEU as well as providing recommendations on new techniques to enhance trace evidence examinations.

7.5 Deliverable 5 – Ad hoc taskings following delivery of the Final Analysis and Recommendations Report In the event call back ad hoc taskings are required, unused hours for the primary effort can be used later in the year.

8 Government Furnished Equipment or Information The following items will be furnished by the Government as needed:

Government Item

Quantity

9 Security Requirements The Security Officer for this task order is TBD:

Limited Access – Due to the nature of the materials relating to the FBI in general, and this SOW in particular, and the FBI's requirements to limit access to only those who have a need-to-know, all access to facilities and material will be strictly limited and controlled. Any access to facilities or material by Contractor personnel other than the Contractor employee(s) assigned to this contract must be coordinated through and approved by the TL.

Distribution – Distribution of all documents and other data generated under this contract is restricted to specifically authorized Government and Contractor personnel. Any other distribution requires advance approval by the Task Lead and division Security Office personnel.

10 Government Representatives

10.1 Contracting Officer Representative

The COR will be identified via letter of COR delegation authority issued by the Contracting Officer (CO) for this contract. The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort, filling in details or otherwise furnishing information necessary to accomplish the SOW; evaluating performance; and certifying all invoices / vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter or modify the Contractor's obligations, contract terms, conditions, specifications, or cost. If as a result of technical discussions, it is in the Government’s best interest to alter / change contractual obligations or the SOW, the CO will issue such changes.

10.2 Contracting Officer

The CO is the appointed authority to bind the Government to the extent of the authority delegated. Direction that will modify the scope, schedule, terms and conditions, funding, or any other action that may modify the agreement as originally entered into with the Government must be given only by the CO.

This contract will be administered by:

Name: David L. Marmo

Title: Contracting Officer

Unit: Professional Services Acquisition Unit

Address: 935 Pennsylvania Ave NW Washington, DC 20535 Phone: 703-322-5964

Email: dlmarmo@fbi.gov

11 Travel

No travel costs will be reimbursed by the Government.

12 Special Requirements

12.1 Key Personnel

All individuals identified under this contract will be considered key personnel. The Contractor shall assign to this task order the key personnel contractor employees whose resume and Letter of Intent were submitted with the quote. No substitution shall be made without prior notification to and the concurrence of the Contracting Officer. All candidates that are proposed on this contract as part of the staffing plan must be available to perform the work in this contract. Failure to provide the candidates proposed may result in immediate Termination for Default.

During the first 30 calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall immediately notify the CO in writing if such a situation occurs and warrants a substitution request.

All key personnel are subject to the following:

12.2 Continuity of Operations (COOP) / Government Furlough

If government personnel are furloughed, the Contractor shall contact the CO or the COR to receive direction. The FBI shall not be liable for costs associated with furloughs as the result of a sovereign act of the government – acts of the executive or legislative branch in an official capacity that are public and general in nature and do not target the contract specifically – to include closure or restricted access to government facilities, lack of necessary supervision, control, review or approval of contractor performance.

Generally, the following situations apply:

· Contractor personnel that are able to continue contract performance shall continue to work.

· Contractor personnel that are not able to continue contract performance may be asked to cease their work effort. While the FBI shall not be liable for additional costs related to sovereign acts, the contractor may be entitled to an excusable delay.

12.3 Task Leads

Kashef Saleh Phone: 703-632-8072 EM: krsaleh@fbi.gov

12.4 Notetaking

Due to security requirements the use of portable electronic devices (i.e. laptop, tablet, voice recorder, etc.) may be forbidden while in FBI space. The vendor must first request permission through the Task Lead to gain security approval to temporarily bring in such devices, but there is no guarantee it will be granted.

13 Invoice Requirements

Invoices shall be submitted via email and sent monthly to central_invoices@fbi.gov as well as the Task Order COR, Kashef Saleh, at krsaleh@fbi.gov.

14. Contract Clauses

5 2.212-1 Instructions to Offerors – Commercial Items (Oct 2018)

Add to (b) Submission of Offers:

Quotes are due Wednesday, September 18, 2019, at 10:00 am, Eastern, and shall be clearly marked RFQ 0005498. Contractor is required to submit quote using the pricing schedule, SF-1449, Attachment I.

Quotations shall consist of a cover letter and the following four volumes/sections of information to be submitted according to the following number of volumes and format:

Cover Letter to identify the following:

1. RFQ Number and Title

2. Name and address of the Company

3. Point of Contact Names, Phone Numbers, Email Addresses

4. Tax ID, DUNS and Business Size

Volume I – Technical/Staffing Plan Volume II – Past Performance Volume IV – Price Quotes shall be submitted via email only to Senior Acquisition Specialist, Miss Tammy T. Miller at ttmiller@fbi.gov.

· Electronic submissions must be compatible with Microsoft Word 2007 and shall be in 12-point Times New Roman font or equivalently sized print, if printed by the Government.

· Contractor is required to submit quote using the Pricing Schedule, Attachment I.

· Late submissions will NOT be considered for evaluation.

Volume I – Technical/Staffing Plan: is limited to ten (10) pages including the cover page. This volume should describe a clear understanding of the requirements by providing a narrative of the Offeror’s approach to meeting the requirements described in Section 3.0 describing the Technical/Staffing Plan to include supporting documents. The Quotor shall submit a maximum three (3) page resume that clearly identifies its qualifications to perform the Statement of Work and shall identify the POC for all supported agencies so that the Government can verify the information in the resume. The resume and any findings from the resume verification process will be the basis for a maximum thirty (30) minute telecon interview shortly after Quote submission.

The ten (10) page limit includes any cover page and Technical/Staffing plan narrative. A resume and Letter of Intent shall be provided for each of the personnel requested in Section 3.0. Volume 1 shall not address any price information Volume II – Past Performance: is limited to five (5) pages per project, including the cover page describing Past Performance. The Offeror shall submit Past Performance for two relevant projects including the following:

· Contract Number

· Price

· Name of contracting Agency

· Contracting Officer

· Contracting Officer’s e-mail address

· Description of Project/Requirement

Volume III– Price: shall include the price quote for twelve months. It has a three (3) page limitation. The Government reserves the right to award on initial quotes. Bidder is to submit their best candidates and pricing in the initial quote. The Government reserves the right to pursue additional discounts by requesting a Best and Final Offer (BAFO).

Each quotation shall provide full, accurate, and complete information in order to facilitate a thorough and timely evaluation. Quotations that fail to provide full, accurate and complete information may be deemed non-responsive.

52.212- 2 Evaluation – Commercial Items (Oct 2014) The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforms to the solicitation’s requirement and is deemed to be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

· Technical/Staffing Plan

· Past Performance

· Price

Award of this contract will be made on a competitive best value basis, using “tradeoff” among price and non-price factors. Technical/Staffing Plan and Past Performance will be evaluated using the methodology of adjectival rating. Price will be evaluated for completeness, reasonableness and accuracy of quoted prices. Technical/Staffing is more important than Past Performance, which is more important than price. All Non-price factors are more important than the Price.

Technical/Staffing Plan

The Offeror shall demonstrate a clear understanding of the Government’s requirements and their Technical/Staffing Plan approach to accomplishing the requirements in Section 2 and 3. In addition, a resume shall be provided for each of the personnel requested in Section 3. The resume submissions have no page limit however they must clearly demonstrate how the individuals meet, or exceed, the minimum qualifications. Offeror shall be evaluated in accordance with the Rating Methodology Table (page 14).

Past Performance

Offeror will be evaluated on the criteria listed the Rating Methodology table. Offeror shall submit adequate supporting documentation for the relevant projects to support the offeror’s responses. Past Performance will be assessed by evaluating the Offeror’s past performance as a prime or subcontractor in providing contractor support on projects of similar size and scope.

Evaluation will be based on information provided in the quote and any information supplied by the Offeror concerning problems encountered on identified contracts and corrective action taken.

Evaluation will focus on the areas of quality of services, timeliness of performance, price/cost control and customer satisfaction.

The Government will not evaluate past performance information deemed to be irrelevant. Examples of irrelevant past performance information include:

1. Projects for which the primary purpose had no or little relation in terms of size and scope to the services sought in the solicitation; or

2. Projects completed more than five (5) years ago

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will be given a neutral rating for Past Performance.

Price

Offeror pricing for the base year shall be inserted in Attachment 1, Pricing Schedule, for evaluation. Price will be evaluated for completeness, reasonableness, and accuracy of proposal prices. Price will also be evaluated by utilizing price analysis to determine fair and reasonableness. Although non-price factors are more important than price, as non-price factors become more equal, price becomes more important, and may be the deciding factor for award. The price quoted shall contain labor categories and labor rates for base period. Offerors that do not propose all of the line items for the base period not be eligible for an award.

Rating Methodology

ADJECTIVAL

RATING

QUALITY EVALUATION DESCRIPTION

Exceptional [Blue] Quotation exceeds requirements and indicates an exceptional approach and understanding of the requirements. Risk of unsuccessful performance is very low. Strengths far outweigh any weaknesses. No deficiencies or significant weakness exist.

Acceptable [Green] Quotation meets requirements and indicates an adequate approach and understanding of the requirements. Risk of unsuccessful performance is no worse than moderate. No deficiencies noted and strengths outbalance any significant weaknesses or weaknesses that exist.

Marginal [Yellow] Quotation does not clearly meet requirements and has not demonstrated an adequate understanding of the requirements. Risk of unsuccessful performance is high. Significant weaknesses identified. Other weaknesses are not offset by strengths. Any deficiencies present are easily correctible.

Unacceptable [Red] Quotation does not meet requirements and contains one or more deficiencies. Quotation is not awardable.

Neutral [White] No relevant performance record is available or the offeror’s performance record is so sparse that no meaningful rating can be reasonably assigned. This is only relevant to Relevant Past Experience Rating evaluation.

Price Evaluation:

For evaluation purposes, the evaluated price will be calculated as the current expected Senior Consultant needed over the twelve month period.

(b) 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 clause)

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) Add to (g) Invoice: Invoice Submission Instructions

The invoice should be attached to an email, and sent to the following address: central_invoices@fbi.gov. It is imperative that the invoice contains current and accurate contract information (contract/order number), otherwise it risks being rejected.

Upon receipt of the invoice, a confirmation email will be sent back to the sending email address. At this point, the invoice is considered received, and will begin processing through the FBI’s internal payment systems.

Please note, invoices received before 5 pm EST (Monday-Friday) will be considered “received” that business day. Any invoices received after 5 pm will be considered “received” and will be entered into the invoices system on the following business day.

(End of clause)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items. (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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).

(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:

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

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

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

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (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.

X_ (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 (Jan 2017) (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 Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

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

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

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

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

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.s 13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

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

__ (47)(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 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).

X (55) 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).

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (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) (41 U.S.C. 3509).

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

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

Note to paragraph (e)(1)(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 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

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

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

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

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

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

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

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

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

(C) 52.219-8, Utilization of Small Business Concerns (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.

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

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

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

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

(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

(O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

Note to paragraph (e)(1)(ii)(O): 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.

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

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

(R)(1)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).