RFQ-TDAT-003-SCR.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER OMB Clearance Control Number:

1103-0018

5. SOLICITATION NUMBER

RFQ-TDAT-003-SCR

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/02/2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

09/21/2011 02:00:00

CODE CO

Federal Bureau of Prisons Transitional Drug Abuse Treatment Contracting

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

9. ISSUED BY

X UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 621420

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

SCRCODE15. DELIVER TO

Federal Bureau of Prisons South Central Regional Office

4211 CEDAR SPRINGS ROAD

SUITE 300

DALLAS, TX 75219

CODE CO16. ADMINISTERED BY

Federal Bureau of Prisons Transitional Drug Abuse Treatment Contracting

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

SCRCODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons South Central Regional Office-Business Office

4211 CEDAR SPRINGS ROAD

SUITE 300

DALLAS, TX 75219

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide transitional drug abuse treatment and mental health treatment to federal inmates residing in a residential reentry center and on home confinement in Edinburg Texas.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. __________ OFFER DATED __________.

YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

RFQ-TDAT-003-SCR Page 1 of 31

BOP38335

Typewritten Text

BOP38335

Typewritten Text 003-11

BOP38335

Typewritten Text Tim Barnes

BOP38335

Typewritten Text 202-353-3326

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED

GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 10/2010) BACK

RFQ-TDAT-003-SCR Page 2 of 31

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2.1 CONTINUATION OF SF-1449, BLOCK 20

3 Contract Clauses

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011). . . 9 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2011) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-21 Requirements (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.232-18 Availability Of Funds (Apr 1984) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

4 List of Attachments 5 Solicitation Provisions

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005). . . 17

52.209-7 Information Regarding Responsibility Matters (Jan 2011) 52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

2.2 Continuation of Addendum to 52.212-1 Instructions to Offerors--Commercial Items 52.212-2 Evaluation - Commercial Items (Jan 1999) 52.212-3 Offeror Representations and Certifications--Commercial Items (May 2011)

RFQ-TDAT-003-SCR Page 3 of 31

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2011 - Drug Treatment Intake Assessment (1 per inmate)

BASE PERIOD - 1/01/2012 - 12/31/2012

110.000000 EA $____________ $___________________

0002 2010 - Drug Treatment Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 110 Inmates.

BASE PERIOD - 1/01/2012 - 12/31/2012

2,640.000000 EA $____________ $___________________

0003 2020 - Drug Treatment Group Counseling(30 min = 1 unit);

Estimated 72 units per inmate; Estimated 110 Inmates

BASE PERIOD - 1/01/2012 - 12/31/2012

7,920.000000 EA $____________ $___________________

0004 2030 - Drug Treatment Family Counseling(30 min = 1 unit);

Estimated 12 Units per Inmate; Estimated 30 Inmates.

BASE PERIOD - 1/01/2012 - 12/31/2012

360.000000 EA $____________ $___________________

0005 5030 - Psychiatric Evaluation; Estimated 1 (unit) per inmate

BASE PERIOD - 1/01/2012 - 12/31/2012

10.000000 EA $____________ $___________________

0006 5011 - Mental Health Intake Assessment and Report (1 assessment and 1 report per inmate)

BASE PERIOD - 1/01/2012 - 12/31/2012

10.000000 EA $____________ $___________________

0007 6010 - Mental Health Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 10 Inmates

BASE PERIOD - 1/01/2012 - 12/31/2012

240.000000 EA $____________ $___________________

0008 6020 - Mental Health Group Counseling(30 min = 1 unit); Estimated 12 units per inmate; Estimated 5 Inmates

BASE PERIOD - 1/01/2012 - 12/31/2012

60.000000 EA $____________ $___________________

0009 6051 - Medication Monitoring; Estimated 6 reports (units) per inmate; Estimated 10 Inmates.

BASE PERIOD - 1/01/2012 - 12/31/2012

60.000000 EA $____________ $___________________

0010 2011 - Drug Treatment Intake Assessment (1 per inmate);

Estimated 110 Inmates

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

110.000000 EA $____________ $___________________

0011 2010 - Drug Treatment Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 110 Inmates.

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

2,640.000000 EA $____________ $___________________

0012 2020 - Drug Treatment Group Counseling(30 min = 1 unit);

Estimated 72 units per inmate; Estimated 110 Inmates

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

7,920.000000 EA $____________ $___________________

0013 2030 - Drug Treatment Family Counseling(30 min = 1 unit);

Estimated 12 Units per Inmate; Estimated 30 Inmates.

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

360.000000 EA $____________ $___________________

0014 5030 - Psychiatric Evaluation; Estimated 1 (unit) per inmate

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

10.000000 EA $____________ $___________________

0015 5011 - Mental Health Intake Assessment and Report (1 assessment and 1 report per inmate); Estimated 10 Inmates

10.000000 EA $____________ $___________________

RFQ-TDAT-003-SCR Page 4 of 31

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

0016 6010 - Mental Health Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 10 Inmates

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

240.000000 EA $____________ $___________________

0017 6020 - Mental Health Group Counseling(30 min = 1 unit); Estimated 12 units per inmate; Estimated 5 Inmates

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

60.000000 EA $____________ $___________________

0018 6051 - Medication Monitoring; Estimated 6 reports (units) per inmate; Estimated 10 Inmates.

OPTION YEAR ONE - 1/01/2013 - 12/31/2013

60.000000 EA $____________ $___________________

0019 2011 - Drug Treatment Intake Assessment (1 per inmate);

Estimated 110 Inmates

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

110.000000 EA $____________ $___________________

0020 2010 - Drug Treatment Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 110 Inmates.

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

2,640.000000 EA $____________ $___________________

0021 2020 - Drug Treatment Group Counseling(30 min = 1 unit);

Estimated 72 units per inmate; Estimated 110 Inmates

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

7,920.000000 EA $____________ $___________________

0022 2030 - Drug Treatment Family Counseling(30 min = 1 unit);

Estimated 12 Units per Inmate; Estimated 30 Inmates.

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

360.000000 EA $____________ $___________________

0023 5030 - Psychiatric Evaluation; Estimated 1 (unit) per inmate

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

10.000000 EA $____________ $___________________

0024 5011 - Mental Health Intake Assessment and Report (1 assessment and 1 report per inmate)

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

10.000000 EA $____________ $___________________

0025 6010 - Mental Health Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 10 Inmates

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

240.000000 EA $____________ $___________________

0026 6020 - Mental Health Group Counseling(30 min = 1 unit); Estimated 12 units per inmate; Estimated 5 Inmates

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

60.000000 EA $____________ $___________________

0027 6051 - Medication Monitoring; Estimated 6 reports (units) per inmate; Estimated 10 Inmates

OPTION YEAR TWO - 1/01/2014 - 12/31/2014

60.000000 EA $____________ $___________________

0028 2011 - Drug Treatment Intake Assessment (1 per inmate);

Estimated 110 Inmates

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

110.000000 EA $____________ $___________________

0029 2010 - Drug Treatment Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 110 Inmates.

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

2,640.000000 EA $____________ $___________________

0030 2020 - Drug Treatment Group Counseling(30 min = 1 unit);

Estimated 72 units per inmate; Estimated 110 Inmates

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

7,920.000000 EA $____________ $___________________

0031 2030 - Drug Treatment Family Counseling(30 min = 1 unit);

Estimated 12 Units per Inmate; Estimated 30 Inmates.

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

360.000000 EA $____________ $___________________

RFQ-TDAT-003-SCR Page 5 of 31

0032 5030 - Psychiatric Evaluation; Estimated 1 (unit) per inmate

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

10.000000 EA $____________ $___________________

0033 5011 - Mental Health Intake Assessment and Report (1 assessment and 1 report per inmate)

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

10.000000 EA $____________ $___________________

0034 6010 - Mental Health Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 10 Inmates

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

240.000000 EA $____________ $___________________

0035 6020 - Mental Health Group Counseling(30 min = 1 unit); Estimated 12 units per inmate; Estimated 5 Inmates

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

60.000000 EA $____________ $___________________

0036 6051 - Medication Monitoring; Estimated 6 reports (units) per inmate; Estimated 10 Inmates

OPTION YEAR THREE - 1/01/2015 - 12/31/2015

60.000000 EA $____________ $___________________

0037 2011 - Drug Treatment Intake Assessment (1 per inmate);

Estimated 110 Inmates

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

110.000000 EA $____________ $___________________

0038 2010 - Drug Treatment Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 110 Inmates.

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

2,640.000000 EA $____________ $___________________

0039 2020 - Drug Treatment Group Counseling(30 min = 1 unit);

Estimated 72 units per inmate; Estimated 110 Inmates

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

7,920.000000 EA $____________ $___________________

0040 2030 - Drug Treatment Family Counseling(30 min = 1 unit);

Estimated 12 Units per Inmate; Estimated 30 Inmates.

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

360.000000 EA $____________ $___________________

0041 5030 - Psychiatric Evaluation; Estimated 1 (unit) per inmate

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

10.000000 EA $____________ $___________________

0042 5011 - Mental Health Intake Assessment and Report (1 assessment and 1 report per inmate)

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

10.000000 EA $____________ $___________________

0043 6010 - Mental Health Individual Counseling(30 min = 1 unit);

Estimated 24 units per inmate; Estimated 10 Inmates

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

240.000000 EA $____________ $___________________

0044 6020 - Mental Health Group Counseling(30 min = 1 unit); Estimated 12 units per inmate; Estimated 5 Inmates

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

60.000000 EA $____________ $___________________

0045 6051 - Medication Monitoring; Estimated 6 reports (units) per inmate; Estimated 10 Inmates

OPTION YEAR FOUR - 1/01/2016 - 12/31/2016

60.000000 EA $____________ $___________________

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

The contractor shall be capable of providing outpatient Drug Abuse and Mental Health Treatment Services to offenders confined in community-based programs. Services shall be within a 10 mile radius of the Residential Re-Entry Center (RRC) located at 402 West Chapin Street, Edinburg, TX 78541, and within 600 meters of a public transportation route.

RFQ-TDAT-003-SCR Page 6 of 31

Quoters shall submit a quotation to provide prices for all of the services listed.

All references to Residential Re-Entry Center (RRC) and Community Correctional Center (CCC) shall be treated equally for the pur-pose of this contract.

All references to the words offer, offers and offerors shall have the same meaning as the words quote, quotes and quoters.

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract) and four one-year option periods. The anticipated total contract period is five years.

PRICING

Prices offered to the Government shall be as low as or lower than those charges to the supplier's most favored customer for compar-able quantities under similar terms and conditions, in addition to any discounts offered for prompt payment.

DELIVERIES

In accordance with Federal Acquisition Regulation (FAR) 16.505, and the clause located in FAR 52.216-18, Ordering, states that any supplies or services to be furnished under this contract shall be ordered by issuance of task orders by a warranted Contracting Officer in the Transitional Drug Abuse Treatment Contracting Office.

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the contract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449.

RFQ-TDAT-003-SCR Page 7 of 31

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (June 2010)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far

Clause Title

52.253-1 Computer Generated Forms (Jan 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-1 Authorization and Consent (Dec 2007)

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.212-4 Contract Terms and Conditions--Commercial Items (June 2010)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

Clauses by Full Text

2852.201-70 Contracting Officer's Technical Representative (COTR) (JAN 1985)

(a) Mr./Ms. Michael Nichols (Lead COTR), Bruce Cameron, Christine Escobedo, Amberly Newman, & Stacy Rimmer of The Federal Bureau of Prisons South Central Region, 4211 Cedar Springs Rd. Suite 100, Dallas, TX, 75219, is hereby designated to act as Con-tracting Officer's Technical Representative (COTR) under this contract.

(b) The COTR 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 con-tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

RFQ-TDAT-003-SCR Page 8 of 31

52.27-103-72 DOJ RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commit-ment, individuals or contractor employees providing services must have:

1. Legally resided in the United States (U.S.);2. worked for the U.S. overseas in a Federal or military capacity; or3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current inform-ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of Clause]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration data-base at http://www.ccr.gov .

(b)

(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)

(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act proced-ures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past per-formance reviews, will be publicly available.

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the first day through the last day of the contract's effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one for any single item listed on the SF-1449 in blocks 19-24, Schedule or Supplies/Services(pages 4 - 6), the Government is not obligated to pur-chase, 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 the estimated quantities identified on the Standard Form 1449 (Block 21, Quantity) within the current contract performance period;

(2) Any order for a combination of items in excess of the estimated quantities identified on the Standard Form 1449 (Block 21, Quant-ity) within the current contract performance period; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (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 Regula-tion (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.

RFQ-TDAT-003-SCR Page 9 of 31

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 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)

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this con-tract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified un-der this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Con-tractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Con-tractor shall not be required to make any deliveries under this contract after the last day of the contract's effective period.

(End of clause)

52.217-8 Option to Extend Services (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 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within the current contract period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current contract period;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an ex-tension.

(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 years (excluding the exercise of any option under the clause 52.217-8, Option to Extend Services.

(End of clause)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee-ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission

RFQ-TDAT-003-SCR Page 10 of 31 critical services, during a pandemic influenza or other emergency situation.The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health ser-vice.

• Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful re-mote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended tele-work period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accom-plish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab-sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica-tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.232-18 Availability Of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30 of the base year or any option year exer-cised. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropri-ated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the base year or any option year exercised, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.237-7 Indemnification and Medical Liability Insurance (Jan 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent con-tractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over

RFQ-TDAT-003-SCR Page 11 of 31 professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or spe-cific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this con-tract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

*1,000,000.00.

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its in-surability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an ex-tended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such en-dorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contract-or must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph

(a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contract-ing Officer evidence of such insurance.

(End of clause)

* Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the specific medic-al specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems necessary to protect the Government's interests.

52.242.1502 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (April 2011)

The services, although not directly supervised, shall be reviewed by Federal Bureau of Prisons (BOP) staff to ensure contract compli-ance. The contractor's performance will be evaluated in accordance with FAR 42.15. Contract monitoring reports will be prepared by the Contacting Officer's Technical Representative (COTR) or Contract Monitor (CM) and maintained in the contract file.

In accordance with FAR 42.1502 and 42.1503, agencies shall prepare an evaluation of contractor performance and submit it to the Past Performance Information Retrieval System (PPIRS). The BOP utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to provide contractor performance evaluations. The contractor shall provide and maintain a current e-mail address throughout the life of the contract. The contractor will receive an e-mail from the Focal Point thru the following website address webptsmh@navy.mil when the contract is registered in CPARS. The e-mail will contain a "user ID" and temporary password to register in the CPARS system. The contractor must be registered to access and review its evaluation and/or provide a response. If assistance is required when registering, please contact the Contracting Staff/Focal Point.

(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Aug 2011)

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

RFQ-TDAT-003-SCR Page 12 of 31

[Contracting Officer check as appropriate.]

XX (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C.

6101 note).

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

XX (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161).

___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

XX (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (10) [Reserved] ___ (11) (i) 52.219-6, Notice of Total Small Business 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.

___ (12) (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.

XX (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

XX (14) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

___ (iv) Alternate III (July 2010) of 52.219-9.

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

XX (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (17) (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.

___ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

XX (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Con-cerns (Apr 2011).

___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Pro-gram (Apr 2011).

XX (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

XX (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

XX (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

XX (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

RFQ-TDAT-003-SCR Page 13 of 31

XX (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (32) 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.)

___ (33) (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.)

___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (35) (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.

XX (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (38) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 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, 108-301, 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.

___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

___ (43) 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)).

___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C.

3332).

___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (49) (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 U.S.C. 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 (Sep 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

RFQ-TDAT-003-SCR Page 14 of 31 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 re-lating 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 (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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

(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 Cer-tain 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…