RFQ_7.25.17.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
10317230032
5. SOLICITATION NUMBER
SFSIAQ17Q4005
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/30/2017
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Arness Harris
b. TELEPHONE NUMBER (No collect calls)
c. EMAIL harrisal2@State.gov
8. OFFER DUE DATE / LOCAL
TIME
07/31/2017 15:00:00
CODE FSIAQ
FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)
4000 ARLINGTON BLVD
ARLINGTON, VA 22204
9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 611430
SIZE STANDARD: $11,000,000
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
MULTICODE15. DELIVER TO
SEE
SERVICES NO SHIPPING REQUIRED
SERVICES NO SHIPPING REQUIRED
WASHINGTON, DC 20520
CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
Contact Duns Telephone No.
17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY
BUDGET OFC (FSI/EX/BUD)
FOREIGN SERVICE INSTITUTE
BUDGET & MANAGEMENT OFFICE
WASHINGTON, DC 20520-4201
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
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Line Items Section
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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)
Arness Harris 31c. DATE SIGNED
06/30/2017
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SFSIAQ17Q4005
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 NUMBER 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. 02/2012) BACK
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs B-008 TRAVEL COSTS (Time-and-Materials/Labor-Hour)
B-010 TYPE OF CONTRACT
B.1 General Description B.2 Supplies or Services
C Descriptions/Specifications/Statement of Work C.1 Statement of Work C.2 Reports
D Packaging and Marking
D-002 MARKING OF REPORTS
D-009 PACKAGE MARKING
E Inspection and Acceptance 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) E-004 INSPECTION AND ACCEPTANCE (Services)
F Deliveries or Performance
F-006 PERIOD OF PERFORMANCE
F-007 PLACE OF PERFORMANCE
G Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
FSI1 FSI INVOICING INSTRUCTIONS AND NON-PAYMENT FOR UNAUTHORIZED WORK 13
H Special Contract Requirements H-006 GOVERNMENT-FURNISHED EQUIPMENT AND SPACE (On-Site)
H-009 CONTRACTOR IDENTIFICATION
H-014 GOVERNMENT-FURNISHED MATERIAL
H-016 KEY PERSONNEL
H-024 NONPAYMENT FOR UNAUTHORIZED WORK
H-025 TECHNICAL DIRECTION
H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General H.1 Smoke Free Workplace Notice H.2 Removal from Duty H.3 Parking and Government Facility Entry
I Contract Clauses 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017)
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND
PROCEDURES (FEB 2015)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED
(AUG 1999)
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB
2015) FSI4 Contractor Self-Identification 52.228-3 Workers Compensation Insurance (Defense Base Act)
J List of Attachments J.1 List of Attachments
K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
001 Contracting Officer's Representative (COR) Course
Base Year 1
0.00 EA
Doc Ref No: 10317230032 Delivery Date (Start to End) Date FOB:
08/28/2017 to 08/27/2018
002 DOS Specific COR Course
Base Year 1
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2017 to 08/27/2018
003 Course Development & Conduct DOS Specific Classes
Base Year 1
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2017 to 08/27/2018
004 Travel
Base Year 1
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2017 to 08/27/2018
005 Other Direct Costs
Base Year 1
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2017 to 08/27/2018
006 Contracting Officer's Representative (COR) Course
Base Year 2
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2018 to 08/27/2019
007 DOS Specific COR Course
Base Year 2
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2018 to 08/27/2019
008 Course Development & Conduct DOS Specific Classes
Base Year 2
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2018 to 08/27/2019
009 Travel
Base Year 2
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2018 to 08/27/2019
010 Other Direct Costs 0.00 EA
SFSIAQ17Q4005
Line Item Summary
Solicitation Number:
SFSIAQ17Q4005
Contract Number: Title: Oversight Training Date of Solicitation:
06/30/2017
Line Item No. Description Quantity Unit Unit Price Total Cost
Base Year 2
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2018 to 08/27/2019
011 Contracting Officer's Representative (COR) Course
Base Year 3
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2019 to 08/27/2020
012 DOS Specific COR Course
Base Year 3
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2019 to 08/27/2020
013 Course Development & Conduct DOS Specific Classes
Base Year 3
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2019 to 08/27/2020
014 Travel
Base Year 3
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2019 to 08/27/2020
015 Other Direct Costs
Base Year 3
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2019 to 08/27/2020
016 Contracting Officer's Representative (COR) Course
Base Year 4
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2020 to 08/27/2021
017 DOS Specific COR Course
Base Year 4
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2020 to 08/27/2021
018 Course Development & Conduct DOS Specific Classes
Base Year 4
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2020 to 08/27/2021
019 Travel 0.00 EA
SFSIAQ17Q4005
Line Item Summary
Solicitation Number:
SFSIAQ17Q4005
Contract Number: Title: Oversight Training Date of Solicitation:
06/30/2017
Base Year 4
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2020 to 08/27/2021
020 Other Direct Costs
Base Year 4
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2020 to 08/27/2021
021 Contracting Officer's Representative (COR) Course
Base Year 5
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2021 to 08/27/2022
022 DOS Specific COR Course
Base Year 5
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2021 to 08/27/2022
023 Course Development & Conduct DOS Specific Classes
Base Year 5
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2021 to 08/27/2022
024 Travel
Base Year 5
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2021 to 08/27/2022
025 Other Direct Costs
Base Year 5
0.00 EA
Doc Ref No:
Delivery Date (Start to End) Date FOB:
08/28/2021 to 08/27/2022
B-008 TRAVEL COSTS (Time-and-Materials/Labor-Hour)
(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR 31.205-46. Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the Contracting Officer's Representative (COR). In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.
(b) Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor's usual accounting practices consistent with FAR Subpart 31.2. In no event shall travel costs be burdened with fee/profit.
SFSIAQ17Q4005
Line Item Summary
Solicitation Number:
SFSIAQ17Q4005
Contract Number: Title: Oversight Training Date of Solicitation:
06/30/2017
(c) The Contractor shall include a breakout of all authorized travel expenses as an attachment to his invoices.
Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.
(d) Should any Contractor personnel be requested to perform in any area which has been determined by the De-partment of State to be a hazardous duty area, hazardous duty premium pay if and to the extent requested and allowed, will be payable at the same rate as would be given to Department of State direct-hire employees pursu-ant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas).. Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G and A) or fee/profit.
(e) When local travel between the Contractor employee's regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50 mile radius of the Contractor employee's regular place of performance and does not include daily commuting or associated costs.
(f) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from starting point to destination. Other related miscel-laneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this con-tract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.
(g) The Government will reimburse the Contractor for Contractor employee's travel time to or from other au-thorized work locations; except that for labor categories which are exempt from the Fair Labor Standards Act (FSLA), a reimbursement will be allowed only for travel during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layovers for the convenience of the Contractor by FLSA exempt contractor employees except as authorized by the Federal Travel Regulations.
(h) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.
(end of clause)
B-010 TYPE OF CONTRACT
This is a Blanket Purchase Agreement.
(end of clause)
B.1 General Description
The Contractor shall perform the effort required under this Blanket Purchase Agreement (BPA) on a Firm Fixed Price (FFP) basis.
The work shall be performed in accordance with this BPA, individual Calls placed under this BPA.
B.2 Supplies or Services
The Government will provide basic classroom supplies and equipment.
Travel costs will be determined by location.
Section C- Descriptions/Specifications/Statement of Work
C.1 Statement of Work
See Attachment A, Statement of Work.
C.2 Reports
The contractor will prepare and submit reports in accordance with the BPA.
Section D- Packaging and Marking
D-002 MARKING OF REPORTS
All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:
(a) Name and business address of the Contractor;
(b) Contract number and delivery order number, if applicable;
(c) Date of report; and
(d) Program office(s).
(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.
(end of clause)
D-009 PACKAGE MARKING
Each and every box or package containing materials shipped pursuant hereto, shall be marked with the follow-ing: the consignee address as shown in Block 6, the name and address of the contractor in Block 7, the order number in Block 3, and the requisition/reference number in Block 4. Packing lists will be attached to the out-side of the box. Palletized stacked material will not exceed the height of 52 inches. Vendor will not ship par-tials without the proper approval of the consignee. Vendor will supply a copy of the purchase order with the packing list.
(end of clause)
Section E- Inspection and Acceptance
52.246-4 Inspection of Services - Fixed-Price (Aug 1996)
(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material fur-nished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practic-able at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reason-able facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contract-or to perform the services again in conformity with contract requirements, at no increase in contract amount.
When the defects in services cannot be corrected by reperformance, the Government may--
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract re-quirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Gov-ernment that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of clause)
E-004 INSPECTION AND ACCEPTANCE (Services)
Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.
(end of clause)
Section F- Deliveries or Performance
F-006 PERIOD OF PERFORMANCE
This contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect until To Be Determined at award.
(end of clause)
F-007 PLACE OF PERFORMANCE
The principal place of performance for this contract shall be:
• George P. Shultz National Foreign Affairs Training Center, Arlington, VA;
• Diplomatic Security Training Center , Dunn Loring, VA and Fort Pickett, VA; and
• Any domestic office or abroad to any of the U.S. Embassies or Consulates (for a complete listing please see https://www.usembassy.gov/)
(end of clause)
Section G- Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR is [To be determined] .
(End of clause)
FSI1 FSI INVOICING INSTRUCTIONS AND NON-PAYMENT FOR UNAUTHORIZED WORK
Non-Payment for Unauthorized Work
The Government shall not be obligated to pay the Contractor any amount in excess of the total contract funded amount.
The contractor shall not perform work outside the period of performance unless a modification is issued by a Contracting Officer.
An unauthorized commitment is an agreement/change in the level or quantity of services being provided, that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement/change on behalf of the Federal Government.
No payments will be made for unauthorized services or for any unauthorized changes to the work specified in Section B Supplies or Services and Prices/Costs or Section C Descriptions/Specifications/Statement of Work (if applicable). This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is au-thorized to change the specifications, terms, and/or conditions of this contract.
Personnel without procurement authority who order supplies or services, who attempt to change the terms and conditions of an existing contract, or who commit the Government to pay the contractor for anything received, may be referred for disciplinary action and may also be liable for payment.
FSI Invoicing Instructions
Contractor shall submit invoice to one of the following addresses:
FSIPayable@state.gov (Please request a receipt confirmation)
Or
Department of State Foreign Service Institute Washington, D. C. 20522-4201 ATTN: Office of Budget and Management
The invoice must include the following information:
* Contractor name and address to which payment is to be made;
* DUNS number;
* Contract number in Block 2 (if any);
* Order number in Block 3;
* Requisition/Reference number in Block 4 (if any);
* Ordering office in Block 10;
* Amount owed by FSI;
* Time payment discount, even if 'net';
* Itemized billing;
* Unique vendor invoice number;
* Contact name and telephone number;
* Invoice date;
* Description, price, and quantity of goods/services;
* Date of period of performance (rendered services), delivery and/or shipment of goods.
Failure to submit an invoice with all required information will result in invoice being returned for proper sub-mission. The resubmitted invoice should state the resubmitted date not the original invoice date.
Please cite the contract number, if any (Block 2), the order number (Block 3), and the Requisition/Reference number (Block 4) in all correspondence.
Payment will be due on the 30th calendar day after either (1) the date of receipt of proper invoice in the desig-nated office, or (2) the date the services are accepted by the Government.
(end of clause)
Section H- Special Contract Requirements
H-006 GOVERNMENT-FURNISHED EQUIPMENT AND SPACE (On-Site)
For Contractor personnel performing work on Government premises, the Government shall provide: on-site of-fice space, furniture, telephone service, and any other necessary supplies and equipment.
The Government will not provide office space or system access for course development.
(end of clause)
H-009 CONTRACTOR IDENTIFICATION
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.
“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(end of clause)
H-014 GOVERNMENT-FURNISHED MATERIAL
(a) "Material," as used in this clause, means property that may be incorporated into or attached to a deliverable end item, or that may be consumed or expended in performing this contract.
(b) Notwithstanding any term or condition of this contract to the contrary, the Government will provide only that material set forth below:
See Statement of Work.
(end of clause)
H-016 KEY PERSONNEL
(1) The Contractor shall assign to this contract the following key personnel:
Instructors/Subject Matter Experts
[ENTER LABOR CATEGORIES AND NAMES]
[Names to be inserted by Offeror at time of proposal submission.]
(2) The Contractor agrees that a partial basis for award of this contract is the list of key personnel pro-posed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of per-formance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.
(3) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contract-ing Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:
(1) an explanation of the circumstances necessitating the substitution;
(2) a complete resume of the proposed substitute; and
(3) any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.
(end of clause)
H-024 NONPAYMENT FOR UNAUTHORIZED WORK
No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.
(end of clause)
H-025 TECHNICAL DIRECTION
(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:
(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.
(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.
(b) Technical instructions must be within the general scope of work stated in the contract. Technical instruc-tions may not be used to:
(1) assign additional work under the contract;
(2) direct a change as defined in the "Changes" clause of this contract;
(3) increase or decrease the contract price or estimated contract amount (including fee), as ap-plicable, the level of effort, or the time required for contract performance; or
(4) change any of the terms, conditions or specifications of the contract.
(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the tech-nical instruction is within the scope of this contract.
(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.
(end of clause)
H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General
(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.
(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.
(end of clause)
H.1 Smoke Free Workplace Notice
(a) The Department of State has been designated a smoke free workplace.
(b) Definitions: “Smoking” means a lighted cigar, cigarette, pipe or other tobacco product. “Smoking areas” means those designated exterior spaces where the smoking of tobacco products is permitted.
(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Shultz Center complex; as well as all Department of State occupied space in other domestic buildings, whether owned, rented or leased, and to all Department of State owned, rented, or leased vehicles.
(d) Policy: It is the policy of the Department of State to promote a healthy environment. Accordingly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.
(end of clause)
H.2 Removal from Duty
The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifi-able types of misconduct or delinquency as set forth below:
*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;
*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;
*Theft, vandalism, or any other criminal actions;
*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;
*Improper use of communications equipment or government property;
*Violations of security procedures or regulations;
*Unacceptable performance The Contractor shall be responsible for maintaining satisfactory standards of con- duct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).
(end of clause)
H.3 Parking and Government Facility Entry
All parking and government facility entry requirements will be given to the awarded contractor and updated as Department and Bur-eau policy is issued. Contractors shall obey all motor traffic regulations, posted speed limit and stop signs, designated drop off loca-tions and parking rules. Contractors shall follow all gate identification and entry requirements.
(end of clause)
Section I- Contract Clauses
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
(a) Definitions. As used in this clause--
Postconsumer fiber means--(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their endusage as a consumer item, including: used corrug-ated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
(End of clause)
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 ac-quisitions 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 in-dicated 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 Reinvest-ment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.
109-282) (31 U.S.C. 6101 note).
(5) [Reserved].
X (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, Suspen-ded, 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 (Jul 2013) (41 U.S.C. 2313).
(10) [Reserved].
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved]
X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
X (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)).
X (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.
657 f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
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 (Jul 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre-scribed in 22.1803.)
X (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
X (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 com-mercially available off-the-shelf items.)
(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
(49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes ad-ministered 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 (Jul 2013) (31 U.S.C. 3332).
(58) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions 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 Mainten-ance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (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 transac-tions 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 dis-putes 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 Con-tractor 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 subcon-tracts 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 in-clude 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 ac-cordance 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefin-itely as of the date of the order. The enjoined paragraph will become effective immediately if the court termin-ates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register ad-vising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND PROCEDURES (FEB 2015)
a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcon-tracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or in-formation systems.
(b) The DOS Personal Identification Card Policy and Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm.
(End of clause)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S.
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