Gift Card - Sections B thru K.doc

SOLICITATION No. RFQ-10-0345

SECTION B ‑ SUPPLIES OR SERVICES AND PRICES/COSTS:

B.1.0 TYPE OF CONTRACT: The type of contract is an Indefinite Delivery/Indefinite Quantity contract. The contract maximum dollar amount is $230,000.00. The basic guaranteed minimum dollar amount of work which will be required under this contract and which will be initiated by one or more Orders is $20,000.00. The Government will issue only Firm-Fixed priced Orders. This contract is for use by the BEP only. No other agency may order off of this contract.

B.2.0 SCHEDULE OF ITEMS:

1. Base Period – 12 months from date of Award - Dates to be completed upon award

2. Option Period I – 12 months – Dates to be completed upon award

3. Option Period II - 12 months – Dates to be completed upon award

4. Option Period III - 12 months – Dates to be completed upon award

5. Option Period IV - 12 months – Dates to be completed upon award

The above CLIN amounts are inclusive of the cost of shipment of the gift cards to the BEP and any and all fees required by the Contractor to provide their program to support the BEP’s Gift card program. Shipping costs and if any, such fees shall be clearly delineated in each Order.

SECTION C ‑ DESCRIPTION/SPECIFICATION/WORK STATEMENT:

C.1.0 BACKGROUND: The BEP Office of Human Resources (“OHR”) proposed a new employee recognition initiative to the Bureau’s Associate Directors (“ADs”). The ADs approved the proposal and requested OHR take steps to implement the new award program. The program goal is to increase the award program’s effectiveness and process efficiency. It will also enable supervisors to recognize and award employees immediately. A part of the program recognition initiative is for gift cards to be provided to employee as recognition for their contribution to the BEP’s success, with awards ranging from $50 - $250. This requirement is for the BEP to obtain the necessary services from a Contractor who can provide gift cards in the quantities and monetary denominations.

C.2.0 SCOPE: The scope of this effort is for the Contractor to provide a program to support the BEP’s Gift Card Program, specifically providing a program that enables the BEP to obtain gift cards in the quantities and monetary denominations (e.g. $25, $50 and $100) within the timeframes required.

C.3.0 Gift Card Characteristics/ Specifications: Gifts cards provided by the Contractor in support of this effort shall have at a minimum the following characteristic/ specifications:

· BEP logo and message (e.g. BEP Succeeds Because of You);

· No activation required;

· Card value printed on the gift card;

· No restriction of vendor use;

· No cash out or cash return;

· Cash can be use with the gift card;

· Provide a toll-free support number and/or web-site;

· Multiple vendor purchase with a single card;

· Non-reloadable;

· Remain active for a period of one (1) year from the date of order;

· Have no penalties and/or fees and In addition, each gift card ordered shall be provided in an individual envelop that includes all applicable materials (e.g. terms and conditions, instructions, Gift Card program, etc). Currently, the BEP does not want the name or address of the individual on the gift cards or materials submitted with the gift card.

C.4.0

RESPONSIBLITIES:

C.4.1 Contractor Responsibilities: The Contractor shall be responsible for, but not limited to the following;

C.4.1.1 Providing all necessary management, supervisor, labor, materials, supplies, services and equipment necessary to provide a program that enables the BEP to order gift cards in the quantities and monetary denominations required within the timeframes required.

C.4.1.1.1 As part of this program, providing access to authorized BEP personnel to the Contractor’s electronic ordering system. This electronic ordering system shall be the full responsibility of the Contractor and provide sufficient security measures in the protection and storage of BEP information. In addition, be easy to use and administer (e.g. order, profile, etc) by the BEP personnel using the system.

C.4.1.2 Notification: Immediately contacting the COTR or authorized designee of any issues related to the Contractor’s ability to perform (e.g. electronic ordering system, ordering and delivery).

C.4.1.3 Key Personnel Contact: Providing the Government a primary point of contact along with a back-up point of contract for the duration of the effort. Both individuals shall have the authority to act on behalf of the Contractor and be responsible for all matters regarding this contract.

C.4.1.4 Lost, Stolen or Damage Gift Cards: As part of the program the Contractor shall provide a process for the BEP and/or individual receiving the gift card a means to report lost, stolen or damaged gift cards.

C.4.2 Government Responsibilities: The Government will be responsible for, but is not limited to the following;

C.4.2.1 General: Administrating and managing the BEP’s Gift Card program, which includes but not limited to the following tasks; ordering the gift cards in the quantities and monetary amounts required, distributing the gift cards to eligible employees, properly storing gift cards prior to distribution, providing the BEP logo and message, notifying the Contractor of the monetary denominations needed, and working with the Contractor to resolve any issues that may arise during performance of this effort. See Section H.1.0 below for further details concerning the ordering process.

C.4.2.2 Notification: Notifying the Contractor of any discrepancies or issues with the gift cards received (e.g. incorrect quantity, incorrect denominations or damage, defect or lost gift card), with the Contractor’s electronic ordering system or the Contractor’s program in general.

SECTION D – PACKAGING AND MARKING:

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with the standard commercial practices and adequate to ensure acceptance by common carrier and safe and secure arrival of the gift cards at destination. Refer to Section F.4.0 below for the delivery address.

SECTION E ‑ INSPECTION AND ACCEPTANCE:

Inspection and acceptance of the products to be provided hereunder shall be made by the BEP appointed COTR at the place of delivery in accordance with FAR Clause 52.212-4(a). The COTR will promptly notify the Contractor if there are any discrepancies or issue with the gift cards received (e.g. incorrect quantity, incorrect denominations or damage, defect or lost gift cards). The Contractor shall be responsible for replacing gift cards found to be unacceptable at no additional charge.

SECTION F ‑ DELIVERIES OR PERFORMANCE:

F.1.0

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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. The full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE NO.

TITLE

DATE

52.247-35

F.O.B. Destination, within consignee’s

APR 1984

Premises

F.2.0 PERIOD OF PERFORMANCE: The period of performance of the contract will involve a one (1) year Base Period, with four (4) one-year Option Periods that may be exercised.

F.3.0 ORDERS: Orders shall be fulfilled and prepared for delivery by the Contractor within ten (10) days of receipt.

F.4.0 MODE OF DELIVERY: Gift cards shall be delivered via overnight freight within 10 business days upon receipt of placed order to the COTR or authorized designee at the address listed in Section F.4.0 below. If the next business day falls on a federal holiday or during the BEP Shutdown period, delivery shall be made on the first work day following that occurrence.

F.5.0 PLACE OF DELIVERY: Gift cards shall be delivered via the aforementioned mode of delivery to the following address:

The Bureau of Engraving and Printing

Attention: To be completed upon award

14th & C Streets, S.W. Room To be completed upon award

Washington, D.C. 20228-0001

Only the Contracting Officer (“CO’) or Contracting Officer’s Technical Representative (“COTR”) have the right to change the delivery address. Such change will be done either at the time of order or via modification to this contract.

SECTION G ‑ CONTRACT ADMINISTRATION DATA

G.1.0 CONTRACT ADMINISTRATION OFFICE: This contract will be administered by:

Bureau of Engraving and Printing

Office of Acquisition

14th and C Streets, S.W., Room 705-A

Washington, D.C. 20228

All communications regarding the interpretation and/or administration of this contract after award shall be directed to the appropriately identified individual located at the address listed above. Written communications shall make reference to the contract number and if applicable, Order number when submitted to the above address.

G.2.0 CONTRACTING OFFICER′S TECHNICAL REPRESENTATIVE (COTR) APPOINTMENT AND AUTHORITY (DTAR 1052.201-70, APR 2004):

(a) The Contracting Officer's Technical Representative (hereinafter “COTR”) is;

NAME:

To be completed upon award

ADDRESS:

Bureau of Engraving and Printing

14th & C Streets, S.W, To be completed upon award

Washington, DC 20228

Phone No.: To be completed upon award

(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term ″technical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled “Changes;

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction maybe oral or in writing. The COTR shall confirm oral direction in writing within five (5) work days, with a copy to the CO.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the Contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the CO no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the CO to agree that technical direction is within the scope of the contract shall be subject to the terms of the FAR clause 52.212-4(d) entitled “Disputes”.

(End of clause)

G.3.0

INVOICING INSTRUCTIONS:

G.3.1 The Internet Payment Platform (IPP) is the BEP’s preferred method for contractors submitting invoices for payment. Contractors shall contact the below for more information on the IPP program, including enrollment:

Internet Payment Platform (IPP) Support

617-973-3069

IPPgroup@bos.frb.org

G.3.2 If unable to comply with the IPP processing requirements, then the following process shall apply for submission of invoices for payment:

The Contractor shall include at a minimum the information described in FAR Clause 52.212-4(g)(1) for invoices being submitted for payment. Original invoices are to be submitted to the designated payment office listed below and copies of invoices are to be submitted to the COTR listed in Section G.2 of this document. The BEP designated payment office is;

U.S. DEPARTMENT OF THE TREASURY

Office of Financial Management

Accounting Division, Room 302-34A

14th and C Streets, S.W.

Washington, D.C. 20228-0001

G.4.0

PAYMENT INFORMATION:

G.4.1 The Contractor will be provided with a BEP generated number (i.e. the funding document) for invoicing and payment purposes.

G.4.2 Electronic Payment

G.4.1.1 Payment will be made by electronic funds transfer (hereinafter “EFT”) in accordance with FAR Clause 52.232-33, “Payment by Electronic Funds Transfer – Central Contractor Registration.” If during the performance of the contract there is any change in the information previously provided by the Contractor for EFT payment, the Contractor shall revise the information contained in the Central Contractor Registration database at http://www.ccr.gov and shall submit a revised EFT form to the office designated in Section G.4.2 below.

G.4.1.2 If the Contractor assigns the proceeds of the contract as provided in paragraph (g) of FAR Clause 52.232-33, the assignee must be registered in the Central Contractor Registration database and submit a completed EFT form to the office designated in Section G.4.2 below prior to submission of payment.

G.4.3 Payment Office: The office that will make the payments due under the contract (i.e., the designated payment office) is:

U.S. DEPARTMENT OF THE TREASURY

Accounting Division, Room 302-35A

14th & C Streets, S.W.

Washington, D.C. 20228-0001

SECTION H ‑ SPECIAL CONTRACT REQUIREMENTS

H.1.0

ORDERING AUTHORIZATION AND PROCEDURES:

H.1.1 Authorization: A duly sworn and authorized Contracting Officer will obligate funding via a funding document. The funding provided under this funding document will be used by the COTR for the sole purposes of ordering gift cards over the period of performance (e.g. Base Period) established in the funding document. The COTR will be responsible for tracking Orders and funding as well as providing copies of each Order to the Contracting Administrating Office or CO for file documentation purposes as well. Only a duly sworn and authorized Contracting Officer is allowed to obligated funds and make modifications to the contract and funding document.

H.1.2 Ordering: The COTR or authorized designee shall order via the Contractor’s electronic ordering system the quantities and monetary denominations of gift cards needed. The electronic ordering system shall provide a notice showing acceptance of the order and enable the COTR to print-out a copy(ies) of the order. Shipping costs and if any, fees shall be clearly delineated in the Order. Once the ordering process completed, the COTR will provide a copy of the Order to the Contracting Administrating Office or CO for file documentation. The Contractor shall process the Order and ship it according to the instructions outlined in Section F above.

H.2.0 ADVERTISING OF AWARD: The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the CO.

H.3.0 BEP SHUTDOWN AND FEDERAL HOLIDAYS: BEP typically shuts down operations between December 25th through January 1st of each calendar year. The COTR will notify the Contractor of any change to the schedule. A current listing of Federal Holidays can be located via the following website; https://www.opm.gov/fedhol/

SECTION I ‑ CONTRACT CLAUSES

I.1.0 Clauses Incorporated by Reference (FAR 52.252-2, 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. The full text clause may be accessed electronically at this address: http://www.arnet.gov/far/index.html.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE NO.

TITLE

DATE

52.211-17

DELIVERY OF EXCESS QUANTITIES SEPT 1989

52.212-4

CONTRACT TERMS AND CONDITIONS–

JAN 2010

COMMERICAL ITEMS

52.216-18 ORDERING

OCT 1995

***from date of award through the end of contract performance***

52.216-22

INDEFINITE QUANTITY

OCT 1995

*** ninety (90) days***

THE FOLLOWING CLAUSES ARE INCORPORATED HEREIN BY FULL TEXT

I.2.0 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (FAR CLAUSE 52.212-5, JUL 2010):

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(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.

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_x_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_x_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_x_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_x_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

__ (27)(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.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_x_ (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (33) 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).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x_ (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

I.3.0 ORDER LIMITATIONS (FAR CLAUSE 52.216-19, OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the $3,000.00; the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $30,000.00;

(2) Any order for a combination of items in excess of $50,000.00; or

(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

I.4.0 Option to Extend Services (FAR 52.217-8, Nov 1999): 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 six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days.

(End of clause) I.5.0 Option to Extend the Term of the Contract (FAR CLAUSE 52.217-9, MAR 2000):

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days 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 five (5) years.

(End of clause) I.6.0 Authorized Deviations in Clauses (FAR CLAUSE 52.252-6, APR 1984):

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Treasury Acquisition Regulation (DTAR) (48 CFR Chapter 10) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause) I.7.0 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DTAR 1052.203-12, JAN 1990) (DEVIATION):

(a) Definitions.

• Agency," as used in this clause, means executive agency as defined in 2.101.

• Covered Federal action," as used in this clause, means any of the following Federal actions:

(a) The awarding of any Federal contract.

(b) The making of any Federal grant.

(c) The making of any Federal loan.

(d) The entering into of any cooperative agreement.

(e) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

• Indian tribe" and 'tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan natives.

• Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or an appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

• Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

• Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(a) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.

(b) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.

(c) A special Government employee, as defined in section 202, title 18, United States Code.

(d) An individual who is a member of a Federal Advisory Committee Act, title 5, United States Code, appendix 2.

• Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

• Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for such work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

• Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

• Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

• Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

• State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions.

(1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: The awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement.

(3) The prohibitions of the Act do not apply under the following conditions: (i) Agency and legislative liaison by own employees.

(A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(B) For purposes of subdivision (b)(3)(i)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action-

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(2) Technical discussions regarding the preparation of any unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provision of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(E) Only those services expressly authorized by subdivision (b)(3)(i)(A) of this clause are permitted under this clause.

(ii) Professional and technical services.

(A) The prohibition on the use of appropriated funds, in subparagraph (b)( 1) of this clause, does not apply in the case of-

(1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal , amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(B) For purposes of subdivision (b)(3)(ii)(A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. The following examples are not intended to be all inclusive, to limit the application of the professional or technical exemption provided in the law, or to limit the exemption to licensed professionals. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communication with a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communication with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of an bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause.

(E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officer or employees of a person.

(iii) Selling activities by independent sales representatives.

The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter:

(A) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and

(B) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(c) Disclosure.

(1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds.

(2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the information reported includes-

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract.

(4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(d) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided by 31 USC 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(End of clause)

SECTION J – LIST OF ATTACHMENTS/EXHIBITS

THIS SECTION IS INTENTIALLY LEFT BLANK

SECTION K

THIS SECTION IS INTENTIALLY LEFT BLANK - SEE THE SOLICITATION NOTICE FOR FURTHER DETAILS REGARDING FAR PROVISION 52.212-3.

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