S5121A-17-R-0005_Combined_Synopsis_Solicitation.docx

S5121A17R0005

Notice Type: Combined Synopsis/Solicitation Solicitation Number: S5121A-17-R-0005 Title : United Access Gateway, Network Direct Access Appliances Is this Recovery and Reinvestment Act Action: No Response Date: 15 June 2017 Response Time: 2:00 pm Eastern Time Primary POC: Joan Kramer

TECHNICAL SPECIFICATIONS

Defense Contract Management Agency (DCMA) has a requirement for United Access Gateway Appliances.

See CLIN description and Technical Specifications below.

This is a combined synopsis and solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes/proposals are being requested and A WRITTEN SOLICITATION WILL NOT BE ISSUED.

The solicitation number for this procurement is S5121A-17-R-0005 and is issued as a 100% small business set-aside Request for Proposal. Multiple Awards are NOT possible.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-95 and DFARS Publication Notice (DPN) 20161222.

Please note the instructions to offerors (located below the CLINs) and submit your quote/proposal as outlined below: (you can also upload an attachment that lists CLIN number, description, quantities, unit of measure, PoP or delivery dates, location, and acceptance)

COMBINED SYNOPSIS/SOLICITATION NOTICE

IAW FAR 8.405-1(d) and FAR 5.207

DAC-6400

FFP

DAC-6400 - IVO DAC Appliance (0 CAL's) Appliance with Windows Server 2012 R2 installed.

FOB: Destination

PURCHASE REQUEST NUMBER: S5102A71888

NET AMT

FSC CD: D319

IT AND TELECOM- ANNUAL SOFTWARE MAINTENANCE SERVICE PLANS

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

WSC CD: 000

NOT DISCERNABLE OR CLASSIFIED

DAC-6400 Technical Support

DAC- 6400 appliances 24x7 Technical Support. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-6400- AHR1

DAC-6400- AHR1Advanced Hardware Replacement Plan (ending 10/30/17). Shipped within 24 hours.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-6000- 2012- UPGRADE DAC-6+000

DAC-6000- 2012- UPGRADE DAC-6+000 Appliance Upgrade to DirectAccess 2012 R2. Upgrade includes replacement refresh of all appliance chassis disk storage

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-4400 IVO (0 CAL'S)

DAC-4400 IVO (0 CAL'S) New appliance with Windows Server 2012 R2 installed.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-4400 IVO (0 CAL'S)

DAC-4400- 24X7 Technical Support (ending 10/30/17). Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-4400- AHR1

DAC-4400- AHR1 Advance Hardware Replacement Plan (ending 10/30/17)

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

DAC-4000- 2012- UPGRADE

DAC-4000- 2012- UPGRADE - Appliance Upgrade to Direct Access 2012. This is the upgrade of the non- production appliances to 2012 R2

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

IVO-ProServices Onsite

IVO-ProServices onsite training for installation of new appliances. Based on 8 hours/day. Minimum of 5 days. Contractor must be a US Citizen. Contractor personnel performing onsite professional services will be required to sign a non-disclosure agreement (NDA). While onsite, contractor personnel will be issued badges that must be displayed and will be escorted at all times.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

NTE $2,150.00

Travel

Travel Cost for IVO Staff. Contractor may be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and limitation of funds obligated in this contract. All Travel requires Government approval prior to any travel arrangements being made; travel costs will be on a cost reimbursement basis.

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

IVO-ProServices Remote

IVO-ProServices. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-6400 - IVO DAC Appliance (0 CAL's) Appliance with Windows Server 2012 R2 installed.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC- 6400 appliances 24x7 Technical Support for 1 year. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-6400- AHR1Advanced Hardware Replacement Plan. Shipped within 24 hours.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-4400 IVO (0 CAL'S) New appliance with Windows Server 2012 R2 installed.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-4400- 24X7 Technical Support. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-4400- AHR1 Advance Hardware Replacement Plan

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

IVO-ProServices onsite training for installation of new appliances. Based on 8 hours/day. Minimum of 5 days. Contractor must be a US Citizen. Contractor personnel performing onsite professional services will be required to sign a non-disclosure agreement (NDA). While onsite, contractor personnel will be issued badges that must be displayed and will be escorted at all times.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

NTE $2,150.00

FFP

Travel Cost for IVO Staff. Contractor may be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and limitation of funds obligated in this contract. All Travel requires Government approval prior to any travel arrangements being made; travel costs will be on a cost reimbursement basis.

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC-6400 - IVO DAC Appliance (0 CAL's) Appliance with Windows Server 2012 R2 installed.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC- 6400 appliances 24x7 Technical Support for 1 year. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

IVO-ProServices onsite training for installation of new appliances. Based on 8 hours/day. Minimum of 5 days. Contractor must be a US Citizen. Contractor personnel performing onsite professional services will be required to sign a non-disclosure agreement (NDA). While onsite, contractor personnel will be issued badges that must be displayed and will be escorted at all times.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

NTE $2,150.00

FFP

Travel Cost for IVO Staff. Contractor may be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and limitation of funds obligated in this contract. All Travel requires Government approval prior to any travel arrangements being made; travel costs will be on a cost reimbursement basis.

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC- 6400 appliances 24x7 Technical Support for 1 year. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

IVO-ProServices for installation of new appliances. Based on 8 hours/day. Minimum of 5 days. Contractor must be a US Citizen. Contractor personnel performing onsite professional services will be required to sign a non-disclosure agreement (NDA). While onsite, contractor personnel will be issued badges that must be displayed and will be escorted at all times.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

NTE $2,150.00

FFP

Travel Cost for IVO Staff. Contractor may be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and limitation of funds obligated in this contract. All Travel requires Government approval prior to any travel arrangements being made; travel costs will be on a cost reimbursement basis.

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

DAC- 6400 appliances 24x7 Technical Support for 1 year. Contractor shall respond within 2-3 hours of Government contact.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

IVO-ProServices onsite training for installation of new appliances. Based on 8 hours/day. Minimum of 5 days. Contractor must be a US Citizen. Contractor personnel performing onsite professional services will be required to sign a non-disclosure agreement (NDA). While onsite, contractor personnel will be issued badges that must be displayed and will be escorted at all times.

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

NTE $2,150.00

FFP

Travel Cost for IVO Staff. Contractor may be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulations (JTR) and limitation of funds obligated in this contract. All Travel requires Government approval prior to any travel arrangements being made; travel costs will be on a cost reimbursement basis.

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

FFP

NET AMT

NAICS CD: 511210

Software Publishers

PROG CD: A70

Electronics and Communication Equipment

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

ANTHONY W. DINGMAN

18901 S. WILMINGTON AVENUE, BLDG. DH-2

CARSON CA 90746

3109006401

S5121A

30-OCT-2017

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2018

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30-OCT-2019

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30-OCT-2019

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30-OCT-2019

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30-OCT-2019

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30-OCT-2019

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30-OCT-2019

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30-OCT-2019

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30-OCT-2020

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30-OCT-2020

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30-OCT-2020

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30-OCT-2020

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30-OCT-2020

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30-OCT-2020

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30-OCT-2020

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30-OCT-2021

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

Factor 1 – Technical Capability Sub-factor 1 – Trade-in considerations Sub-factor 2 – Warranty considerations Sub-factor 3 – Maintenance availability Sub-factor 4 – Compatibility with existing products / technology Sub-factor 5 – Delivery time of products

Factor 2 – Past Performance Sub-factor 1 – Relevancy (Offerors with no past performance will be rated neutral (Trade-off))

Factor 3 – Price

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

___ (5) [Reserved]

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

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

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

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

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

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

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

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

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

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

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

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

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

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

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

____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

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

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

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

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

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

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

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

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

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

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

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

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

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

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

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

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

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

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

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

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

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 Officer may exercise the option by written notice to the Contractor prior to the expirationof the contract performance period.

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 prior to expiration of the contract performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from…