Amendment 3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE OMB Clearance Control Number :

1103-0018

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

08/14/2012

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

BCOCODE

Federal Bureau of Prisons TDAT Contracting Section

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

RFQ-TDAT-054-12

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

12/23/2011

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Am 3 is issued to remove line items 10, 20, 30, 40, and 50. Add the following to pg. 9 - 2.1 -Continuation of SF1449 Block 20: Quoters must put in a quote for all services listed in the line items section, Block 20. The closing date is extended to August 31, 2012 2:00 pm EST.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Sarah Ellis

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

08/14/2012

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

RFQ-TDAT-054-12/0003 Page 1 of 29

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) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

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

2004)

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commerical Items (NOV 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) 52.232-18 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)

52.233-2 Service of Protest (Sept 2006) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-2 Evaluation - Commercial Items (Jan 1999)

RFQ-TDAT-054-12/0003 Page 2 of 29

Section 2 - Commodity or Services Schedule

The closing date is extended to August 31, 2012 1:00 PM EST.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 10 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous :

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0002 6012 - Individual Counseling (1 unit = 30 mins) Estimated 10 inmates x 24 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0003 6022 - Group Counseling (1 unit = 30 mins) Estimated 10 inmates x 96 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

960.000000

Change: 0.000000

Current :

960.000000

EA $____________ $___________________

0004 6032 - Family Counseling (1 unit = 30 mins) Estimated 10 inmates x 12 units per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

120.000000

Change: 0.000000

Current :

120.000000

EA $____________ $___________________

0006 5021 - Penile Plethysmograph and Report Estimated 10 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0007 5022 - Polygraph Exam and Report Estimated 10 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Previous:

10.000000

Change: 0.000000

EA $____________ $___________________

RFQ-TDAT-054-12/0003 Page 3 of 29

Base Period Current :

10.000000

0008 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 10 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0009 5025 - Abel Assessment for Sexual Interests Estimated 10 inmates x 1 unit per inmate

Base Period

Line Period of Performance: 06/01/2012 - 05/31/2013

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0011 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 10 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0012 6012 - Individual Counseling (1 unit = 30 mins) Estimated 10 inmates x 24 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0013 6022 - Group Counseling (1 unit = 30 mins) Estimated 10 inmates x 96 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

960.000000

Change: 0.000000

Current :

960.000000

EA $____________ $___________________

0014 6032 - Family Counseling (1 unit = 30 mins) Estimated 10 inmates x 12 units per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

120.000000

Change: 0.000000

Current :

120.000000

EA $____________ $___________________

0016 5021 - Penile Plethysmograph and Report Estimated 10 inmates x 1 unit per inmate

Option Year 1

Previous:

10.000000

RFQ-TDAT-054-12/0003 Page 4 of 29

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Change: 0.000000

Current :

10.000000

0017 5022 - Polygraph Exam and Report Estimated 10 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0018 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 10 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0019 5025 - Abel Assessment for Sexual Interests Estimated 10 inmates x 1 unit per inmate

Option Year 1

Line Period of Performance: 06/01/2013 - 05/31/2014

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0021 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 10 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0022 6012 - Individual Counseling (1 unit = 30 mins) Estimated 10 inmates x 24 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0023 6022 - Group Counseling (1 unit = 30 mins) Estimated 10 inmates x 96 units per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

960.000000

Change: 0.000000

Current :

960.000000

EA $____________ $___________________

0024 6032 - Family Counseling (1 unit = 30 mins) Estimated 10 inmates x 12 units per inmate

Previous: EA $____________ $___________________

RFQ-TDAT-054-12/0003 Page 5 of 29

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

120.000000

Change: 0.000000

Current :

120.000000

0026 5021 - Penile Plethysmograph and Report Estimated 10 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0027 5022 - Polygraph Exam and Report Estimated 10 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0028 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 10 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0029 5025 - Abel Assessment for Sexual Interests Estimated 10 inmates x 1 unit per inmate

Option Year 2

Line Period of Performance: 06/01/2014 - 05/31/2015

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0031 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 10 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0032 6012 - Individual Counseling (1 unit = 30 mins) Estimated 10 inmates x 24 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

240.000000

Change: 0.000000

Current :

240.000000

RFQ-TDAT-054-12/0003 Page 6 of 29

0033 6022 - Group Counseling (1 unit = 30 mins) Estimated 10 inmates x 96 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

960.000000

Change: 0.000000

Current :

960.000000

EA $____________ $___________________

0034 6032 - Family Counseling (1 unit = 30 mins) Estimated 10 inmates x 12 units per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

120.000000

Change: 0.000000

Current :

120.000000

EA $____________ $___________________

0036 5021 - Penile Plethysmograph and Report Estimated 10 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0037 5022 - Polygraph Exam and Report Estimated 10 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0038 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 10 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0039 5025 - Abel Assessment for Sexual Interests Estimated 10 inmates x 1 unit per inmate

Option Year 3

Line Period of Performance: 06/01/2015 - 05/31/2016

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0041 5012 - Sex Offender Specific Psychological Evaluation and Report Estimated 10 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

RFQ-TDAT-054-12/0003 Page 7 of 29

0042 6012 - Individual Counseling (1 unit = 30 mins) Estimated 10 inmates x 24 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

240.000000

Change: 0.000000

Current :

240.000000

EA $____________ $___________________

0043 6022 - Group Counseling (1 unit = 30 mins) Estimated 10 inmates x 96 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

960.000000

Change: 0.000000

Current :

960.000000

EA $____________ $___________________

0044 6032 - Family Counseling (1 unit = 30 mins) Estimated 10 inmates x 12 units per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

120.000000

Change: 0.000000

Current :

120.000000

EA $____________ $___________________

0046 5021 - Penile Plethysmograph and Report Estimated 10 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0047 5022 - Polygraph Exam and Report Estimated 10 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0048 5023 - Polygraph Maintenance or Monitoring Test and Report Estimated 10 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Base Period

Previous:

10.000000

Change: 0.000000

Current :

10.000000

EA $____________ $___________________

0049 5025 - Abel Assessment for Sexual Interests Estimated 10 inmates x 1 unit per inmate

Option Year 4

Line Period of Performance: 06/01/2016 - 05/31/2017

Quantity Line Indicator:

Previous:

10.000000

Change: 0.000000

RFQ-TDAT-054-12/0003 Page 8 of 29

Base Period Current :

2.1 CONTINUATION OF SF-1449, BLOCK 20

SCHEDULE OF SUPPLIES/SERVICES

Quoters must put in a quote for all services listed in the line items section, Block 20.

The contractor shall be capable of providing outpatient sex offender treatment services to offenders confined in community-based programs. The location where services are to be provided must be must be within 10 miles of the U.S. Probation office located at 300 Fayetteville Street, Raleigh, North Carolina, 27601, and must be located within ½ mile of local public transportation stops.

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

The performance period for the resulting contract will be a one-year base period (to begin upon the effective date of contract award) and four additional one-year option periods. The anticipated total contract period is five years. The anticipated performance start date is June 1, 2012.

Transitional Drug Abuse Treatment Decisional Rule Criteria; Lowest Price Technically Acceptable:

Quoters must clearly demonstrate the capability to meet all of the following Decisional Rule Criteria –

1. The quoter demonstrates a philosophy that adheres to the cognitive behavioral therapy (CBT) or they use a theoretical model compatible with CBT (e.g. Motivational Interviewing, Cognitive Mapping, etc.) Quoter must submit a mission statement that reflects their use of CBT. Note any affiliation with ATSA.

2. The quoter’s proposed facility and/or place of performance is within the geographic restriction. The quoter must submit proof that the proposed facility and/or place of performance is within the geographic restriction.

The quoter must submit how this was determined (e.g. MapQuest, Google, etc.).

3. The quoter has proof that the agency is licensed and certified to provide sex offender treatment in the State in which services will be provided. The quoter must submit a copy of the current agency license and/or certifica-tion for the license required in the State where services will be provided to conduct treatment services for sex offenders.

4. The quoter’s proposed facility is currently available to provide the services required in the Statement of Work and does not present a conflict of interest for sex offenders. The quoter must submit a deed, leases, bill of sale, options to lease, or option to buy.

5. The quoter clearly demonstrates proof the facility where services are to be performed meets all fire code standards. The quoter must submit a Fire Code Inspection completed within the past 12 months.

6. The quoter clearly demonstrates the facility is accessible to or accommodates inmates with disabilities. The

RFQ-TDAT-054-12/0003 Page 9 of 29 quoter must submit documentation showing the proposed facility is accessible to or accommodates inmates with disabilities. This may be done by ADA documentation or a personal statement detailing a plan for accommoda-tions.

7. The quoter has included the name(s), position, education, experience, years of experience, and license (s) of those individuals that will provide direct services. The quoter must submit a list of name(s) and position of each staff and a resume of each staff providing direct services. The resume must include specialized experience and years of experience. The resume must list the highest degree received. Minimum Master’s Degree required.

8. The quoter has an individual on staff or has subcontracted with someone or has an agreement with someone to provide clinical supervision for all staff providing direct service. The individual must be licensed in the State in which performance will occur to provide service. The quoter must submit copy of the individual’s current li-cense from the licensing board. They must meet requirements of the state or district licensing board and/or

ATSA.

9. If the quoter is a primary contractor subcontracting services, the primary contractor must be licensed in the State in which services are performed. The quoter must submit a copy of the primary contractor’s current li-cense in the State in which performance occurs.

10. The quoter must demonstrate they have plans for emergency situations, to include a contingency plan for suicidal inmates. The quoter must submit a copy of their plan for emergency situations to include a contingency plan for suicidal inmates.

PRICING

Prices quoted to the Government shall be as low as or lower than those charges to the supplier’s most favored customer for comparable 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 TDAT Contracting Office.

BILLING INFORMATION

The Government will make payment on a monthly basis via Electronic Fund Transfer. Invoices with the con-tract number should be submitted on a monthly basis in duplicate to the Regional TDAT Coordinator indicated in Item 15 of the SF-1449. The invoice shall include the buisness size standard on all invoices submitted for payment.

Section 3 - Contract Clauses

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

RFQ-TDAT-054-12/0003 Page 10 of 29

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 (Jun 2010)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Dec 2010)

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

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

Clauses by Full Text

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

(a) Mr./Ms. Cathy Thompson (Lead COTR), Joanne Parke-Davison, Stephen Confair, Stacy Freeman, and Sherri Bisci of Federal Bur-eau of Prisons Midatlantic Regional Office, ____________________, ____________________, ____________________, is hereby designated to act as Contracting 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)

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

[EMPTY CLAUSE TEXT]

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

[EMPTY CLAUSE TEXT]

RFQ-TDAT-054-12/0003 Page 11 of 29

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

[EMPTY CLAUSE TEXT]

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 pro-cedures, 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, the Government is not obligated to purchase, nor is the Contractor obligated to fur-nish, 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 indentified on the SF-1449 (Block 21, Quantity) within the current contract performance period;

(2) Any order for a combination of items in excess of the estimated quantities indentified on the SF-1449 (Block 21, Quantity) 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.

(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

RFQ-TDAT-054-12/0003 Page 12 of 29 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 contrac 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)

52.232-18 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 30th of the base year or any option year exer-

RFQ-TDAT-054-12/0003 Page 13 of 29 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 30th 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 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)

[EMPTY CLAUSE TEXT]

[END OF ADDENDUM TO FAR 52.212-4]

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Nov 2011)

(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)).

RFQ-TDAT-054-12/0003 Page 14 of 29

(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 acquisi-tions of commercial items:

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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).

__ (6) 52.209-6, Protecting the Government’s 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 Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 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 Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (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 (Jul 2010) of 52.219-9.

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

__ (16) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

XX (17) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (18)(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.

__ (19) 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).

__ (20) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

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

RFQ-TDAT-054-12/0003 Page 15 of 29

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

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

XX (33) 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.)

__ (34)(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 avail-able off-the-shelf items.)

__ (35) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (36)(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 (37) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (38) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (39)(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.

__ (40) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (41) 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).

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

__ (43) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (44) 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)).

__ (45) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (46) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (47) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (48) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (49) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (50)(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 Ex-ecutive 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 Con-tracts) (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 Re-pair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

RFQ-TDAT-054-12/0003 Page 16 of 29

__ (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 con-tract.

(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 par-tially 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, re-gardless 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 subcon-tracts that offer subcontracting opportunities.

(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 required 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.