Sol_1605C3-20-Q-00015.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

OASAM BOSTON/NY CODE 16. ADMINISTERED BYCODE

X

X

X

541370

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCAS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/16/2020 1300 ES

09/14/2020

202-693-7168Helen Williams (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C3-20-Q-00015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37 1636-OAA-20-REG-0026OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

Boston MA 02203 JFK Federal Building 25 New Sudbury Street, Room E215 U.S. Department of Labor/OASAM

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This solicitation is issued pursuant to the procedures of FAR Part 12 - Commercial Items and FAR Part 13 - Simplified Acquisition Procedures.

This requirement is for expert consultation services for the U.S. Department of Labor's Office of Wage and Hour Division (WHD). See the attached addendum for additional details.

email questions to: williams.helen.a@dol.gov by

9/15/2020 NOON (ET)

email quotation to: williams.helen.a@dol.gov by

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Jubner J. Severe

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

9/16/2020 1:00 (ET)

Delivery: 1 Days After Award

Period of Performance: 09/21/2020 to 09/20/2021

0001 Off-site Expert Consultation Services HR

Product/Service Code: R418

0002 On-Site Expert Consultation Services HR

Product/Service Code: R418

0003 ODCs-Travel and Other Costs

(Contractor exceeds at their own risk)

Product/Service Code: R418

1001 Off-site Expert Consultation Services HR

(Option Line Item)

(Anticipated Option Exercise Date)08/20/2021

Product/Service Code: R418

1002 On-Site Expert Consultation Services HR

(Option Line Item)

(Anticipated Option Exercise Date)08/20/2021

Product/Service Code: R418

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C3-20-Q-00015

Period of Performance: 09/21/2021 to 09/20/2022

1003 ODCs-Travel and Other Costs

(Contractor exceeds at their own risk)

(Option Line Item)

(Anticipated Option Exercise Date)08/20/2021

Product/Service Code: R418

Period of Performance: 09/21/2021 to 09/20/2022

2001 Off-site Expert Consultation Services HR

(Option Line Item)

(Anticipated Option Exercise Date)08/19/2022

Product/Service Code: R418

Period of Performance: 09/21/2022 to 09/20/2023

2002 On-Site Expert Consultation Services HR

@ $275.00 HR

(Option Line Item)

(Anticipated Option Exercise Date)08/19/2022

Product/Service Code: R418

Period of Performance: 09/21/2022 to 09/20/2023

2003 ODCs-Travel and Other Costs

(Contractor exceeds at their own risk)

(Option Line Item)

(Anticipated Option Exercise Date)08/19/2022

Product/Service Code: R418

Period of Performance: 09/21/2022 to 09/20/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

1605C3-20-Q-00015 Expert Consultation Services

A -ADDENDUM TO STANDARD FORM 1449

In accordance with Federal Acquisition (FAR) 12.302 and 12.303, this addendum to the Standard Form (SF) 1449 provides for continuation of the schedule and description of the supplies/service to be acquired.

B – SCHEDULE OF PRICES AND SUPPLIES/SERVICES

B-1 PRICES/COSTS

The Contractor shall furnish all necessary, management, supervision, labor and equipment, except as may be otherwise specified herein, and shall plan, schedule, coordinate and assure effective performance of all services described herein.

This is a Labor Hour contract with fixed hourly rates and a cost-reimbursable line item for travel.

The base period of performance is 12 months from the award date of the order. There are options to extend the period of performance for an additional two, one-year periods, for a total 3-year potential duration.

The Government is not obligated to pay the Contractor any amount other than those contained herein. Pricing is inclusive of all estimated costs, including travel, associated with completing the Government’s current requirements which are contained in Section B-2, for the entire 3 year period of performance (including options if exercised).

Base Year Option Year 1 Option Year 2

DOL Labor Categories (a)

Contractor' s Labor Categories (b)

Fully Loaded Hourly Rate (c)

Estimated Labor Hours (d)

Extended Price (e)

Fully Loaded Hourly Rate (c)

Estimated Labor Hours (d)

Extended Price (e)

Fully Load ed Hour ly Rate (c)

Estimated Labor Hours (d)

Extended Price (e)

Expert Services- Off-site Expert Services- On-site Travel (Not to Exceed Totals) Totals

Grand Total

B.2-Performance Work Statement (PWS)

For

Scalia v. US Pack Logistics, LLC and Frank Powell, Civil Action No. 4:20-cv-4009

James W. Clohessy, GISP, Expert GPS (Global Positioning System) Witness Services

PART 1 GENERAL INFORMATION

The Wage and Hour Division mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. The Wage and Hour Division (WHD) enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

WHD has the need for expert consultation services related to a case filed by the Boston Regional Office of the Solicitor in Massachusetts District Court, under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (the FLSA), Scalia v. US Pack Logistics, LLC and Frank Powell, Civil Action No. 4:20-cv-4009.

This case involves alleged minimum wage and overtime violations for drivers working for the defendants delivering medications to nursing and rehabilitative facilities under a contract with Omnicare, Inc. in Shrewsbury, MA. The case is currently in active litigation and primarily involves the misclassification of delivery drivers where the employer did not maintain records of the hours the drivers worked or the miles they drove.

The investigation of US Pack Logistics, LLC (US Pack) by the Boston District Office of the Wage and Hour Division (WHD) covered the time period between April 8, 2017 and July 15, 2018. Since no time records for the drivers were maintained by US Pack, WHD utilized the services of Mr. Clohessy, an expert consultant regarding Global Positioning System (GPS) data analysis, during the investigation, to analyze the GPS data of the drivers. This GPS data was provided by US Pack to the WHD during the investigation.

The expert consultant produced a report for the Wage and Hour Division during the investigation, entitled “Results Report Geographic Information Systems (GIS) GPS Data Processing”. This report analyzed the driver GPS data, which assisted the WHD during the investigation of US Pack, in reconstructing how long the drivers worked each day and how many miles they drove. This same expert consultant is needed to assist the Solicitor of Labor in the litigation of this matter. The expert consultant will need to testify, likely at deposition and trial, about the report and underlying analysis that he produced for the Wage and Hour Division during its investigation.

1.1. Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform GPS Expert Services as defined in this Performance Work Statement, except as Specified in section C-3 as government furnished property and services at Wage and Hour Division. The contractor shall perform to the standards in this contract.

1.2. Background:

The Boston Office of the Regional Solicitor has the need for the continued services of GPS expert James W. Clohessy, GISP, in the litigation of a FLSA case in US District Court in Massachusetts, Scalia v. US Pack Logistics, LLC and Frank Powell, Civil Action NO. 4: 20-cv-4009. The case is currently in active litigation and primarily involves the misclassification of delivery drivers where the employer did not maintain records of the hours the drivers worked or the miles they drove.

Mr. Clohessy provided expert GPS services to the Boston District Office of the Wage and Hour Division (WHD) during that office’s investigation of the employers in this case. Specifically, Mr. Clohessy produced a report for the WHD that analyzed GPS data from the employers, which assisted the WHD in reconstructing how long the drivers worked each day and how many miles they drove. Mr. Clohessy’s analysis of the GPS data was fundamental to the agency’s ability then to reconstruct the back wages that the employers owe the drivers in this case.

The Regional Solicitors Office (RSOL) ,filed a complaint in US District Court in Massachusetts, Scalia

v. US Pack Logistics, LLC and Frank Powell, Civil Action NO. 4: 20-cv-4009. This complaint was filed in January of 2020, and a motion to amend that complaint was filed in July of 2020. The Secretary awaits an order from the judge assigned to this case regarding a due date for the defendants’ answer, and the litigation time table. The RSOL now requires the continued expert GPS services of Mr. Clohessy to litigate this case. Specifically, the RSOL will need Mr. Clohessy to testify, likely at deposition and trial, about the report and underlying analysis that he produced for the WHD during its investigation. In addition, the employers have challenged some issues related to Mr. Clohessy’s analysis in settlement communications with the RSOL, and RSOL attorneys will need to rely on Mr. Clohessy to either rebut the employers’ challenges or perform additional analysis to account for them. The employers are also likely to produce additional information and data during the discovery phase of the litigation, and RSOL attorneys will need Mr. Clohessy to evaluate that new information and data, and incorporate it into his existing analysis. Further, Defendants will likely hire their own GPS expert, and we would need Mr.

Clohessy to assist in analyzing that expert’s report, and to assist with preparation of the deposition of that expert.

1.3. Objectives:

The contractor shall provide expert witness services which are needed to provide continued support on the expert GPS report in which the Wage and Hour Division relied on its previous investigation.

1.4. Scope:

The contractor shall provide expert witness services for the litigation against US Pack Logistics, LLC and Frank Powell, Civil Action NO. 4: 20-cv-4009. the RSOL will need Mr. Clohessy to testify, likely at deposition and trial, about the report and underlying analysis that he produced for the WHD during its investigation. In addition, the employers have challenged some issues related to Mr. Clohessy’s analysis in settlement communications with the RSOL, and RSOL attorneys will need to rely on Mr. Clohessy to either rebut the employers’ challenges or perform additional analysis to account for them. The employers are also likely to produce additional information and data during the discovery phase of the litigation, and RSOL attorneys will need Mr. Clohessy to evaluate that new information and data, and incorporate it into his existing analysis. Further, Defendants will likely hire their own GPS expert, and we would need Mr. Clohessy to assist in analyzing that expert’s report, and to assist with preparation of the deposition of that expert.

Because Mr. Clohessy produced the expert GPS report on which the WHD relied in its investigation, Mr. Clohessy is necessary to the current litigation because both RSOL and the employers will require his testimony at points in the case. In addition, were RSOL to rely on another GPS expert in litigation, it is possible that such an expert would analyze the GPS data differently than Mr. Clohessy did during the investigation. Such a result would be quite problematic for the Department in terms of consistency in its investigations and litigation, and could potentially jeopardize both the credibility of Mr. Clohessy’s report in the investigation and the credibility of the other expert’s analysis in litigation. Accordingly, from RSOL’s litigation perspective, there is no choice for a GPS expert in this case other than Mr.

Clohessy.

1.5. Period of Performance:

The period of performance shall be from now until the end of litigation, which is set by the court and not possible to define presently.

Base Period: TBD Option Period One: TBD Option Period Two: TBD

The government reserves the right to extend the term of this contract at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6. General Information

Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Government Remedies:

The contracting officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items”or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

Contractor Travel

Some travel is anticipated for this purchase order. If travel is deemed necessary by the CO/COR, any such approved travel and per diem shall be reimbursed in accordance with the Federal Travel Regulations and FAR 31.205-46. The Government will not reimburse the contractor for local travel.

Local travel is defined as official travel within a 50 mile vicinity of the purchase order place of performance. The Government will also not reimburse the contractor for expenses related to travel between the employee’s residence(s) and the purchase order place of performance.

Contractor Travel Expense Reimbursement

Travel expenses (including travel agent service fees) shall be separately itemized on the contractor’s invoice, as discussed below, and identify the related contract line item number.

Reimbursement of transportation, lodging, meals, and incidental expenses shall be per Federal Acquisition Regulation (FAR) 31.205-46, Travel costs. Per diem rates and mileage rates can be found at http://www.gsa.gov/portal/category/21287 and http://www.gsa.gov/portal/content/100715, respectively.

The contractor shall familiarize itself with FAR 31.205-46 and direct any questions to the contracting officer.

To be considered reasonable, claimed expenses for transportation, lodging, meals, and incidental expenses must be either within the limits of the Federal Travel Regulation (FTR) per diem rates for the pertinent location and dates of travel or within the approval authority of the contracting officer per FAR 31.205-46(a)(3). Expenses in excess of those authorized in FAR 31.205-46 shall be borne entirely by the contractor with no expectation of recompense as either a travel expense or other direct or indirect expense. Per FAR 31.205-46(a)(5), it is advisable for the contractor to obtain advanced approval from the contracting officer to incur travel expenses exceeding the rates authorized in the FTR. If the contractor incurs such travel expenses without advanced approval from the contracting officer, the contractor will not be reimbursed at the higher rate(s), unless the Contractor can prove it was not possible to obtain the contracting officer’s advance approval before such expenses were incurred. The contracting officer’s authorization of travel expenses above the FTR is not re- delegable to any other government employee.

Further, the contracting officer’s representative (COR) cannot authorize the contractor to incur travel expenses above the FTR. Moreover, neither the contracting officer nor the COR can authorize the contractor to exceed the travel amount specified and obligated in this purchase order, and as specified in FAR 31.205-46(a)(3).

The contractor is responsible for making all travel arrangements necessary to perform the services in the purchase order. The contractor shall not apply overhead and G&A against travel agent service fees.

Travel agent services fees must be determined fair and reasonable by the contracting officer.

If the contractor invoices for actual travel expenses incurred that do not exceed the limitations in FAR 31.205- 46(a)(3), the contractor shall additionally provide documentation of the expenses incurred (date and place (city, town, or other similar designation); purpose of the trip; and name(s) and title(s) of the person traveling or relationship to the contractor) and a facsimile or duplicate of the actual receipt for each individual expense over $75.00.

http://www.gsa.gov/portal/category/21287 http://www.gsa.gov/portal/content/100715

Recognized Holidays

N/A

Hours of Operation/Place of Performance:

Hours of performance and place of performance are flexible by nature of expert services required in litigation.

Type of Contract:

The government anticipates award of one labor hour contract with fixed-hourly rates for expert services.

Security Requirements:

N/A

1.6.7.1. Physical Security.

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2. Key Control.

The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1. Lost Keys

In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2.2. Key Use

The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.3. Lock Combinations.

The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.7.4. Conservation of Utilities.

The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

Special Qualifications:

Mr. Clohessy has expert qualifications in analyzing GPS data. Mr. Clohessy provided expert GPS services to the Boston District Office of the Wage and Hour Division during that office’s investigation of the employers in this case. Specifically, Mr. Clohessy produced a report for the WHD that analyzed GPS data from the employers, which assisted the WHD in reconstructing how long the drivers worked each day and how many miles they drove. Mr. Clohessy’s analysis of the GPS data was fundamental to the agency’s ability then to reconstruct the back wages that the employers owe the drivers in this case.

Because Mr. Clohessy produced the expert GPS report on which the WHD relied in its investigation, Mr. Clohessy is necessary to the current litigation because both RSOL and the employers will require his testimony at points in the case. In addition, were RSOL to rely on another GPS expert in litigation, it is possible that such an expert would analyze the GPS data differently than Mr. Clohessy did during the investigation. Such a result would be quite problematic for the Department in terms of consistency in its investigations and litigation, and could potentially jeopardize both the credibility of Mr. Clohessy’s report in the investigation and the credibility of the other expert’s analysis in litigation. Accordingly, from RSOL’s litigation perspective, there is no choice for a GPS expert in this case other than Mr.

Clohessy.

Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

Contracting Officer Representative (COR):

A COR will be delegated under separate cover.

Contract Manager/Representative:

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent and shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

The contractor's representative responsible for handling purchase order administration is:

Name:

[to be completed at time of award] Address:

[to be completed at time of award] Phone:

[to be completed at time of award] E-mail:

[to be completed at time of award]

Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. DEFINITIONS

& ACRONYMS

PWS. Performance Work Statement

Contracting Officer’s Representative (COR). A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

DOL. Department of Labor

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

PART 2 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND

SERVICES

3.1 General:

N/A

3.2 Equipment:

N/A

3.3 Services:

3.3.1 Utilities.

All utilities in the facility will be available for the contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4 Facilities:

The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

CONTRACTOR FURNISHED ITEMS AND SERVICES-N/A

4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the ontractor shall furnish everything required to perform this PWS.

4.2 Clearance: Contractor employees are required to conform to DOL's security and privacy requirements as described below.

The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

Background Investigations (as applicable):

DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract.

Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.

Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):

The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

Privacy Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

Ownership All products and deliverables developed under any resultant contract from this PWS are the property of the U.S.

Government and DOL.

Commitment to Protect Sensitive Information The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

PART 5 SPECIFIC TASKS

N/A

5.1 Basic Services: The following is the set of tasks required under this contract. Tasks may be performed (on-site at a location determined by DOL) or (remotely/off-site) as agreed upon by the customer.

1.Testify at Trial The contractor shall prepare for trial testimony The contractor shall attend the trial and assist as needed.

The contractor shall testify at trial.

The contractor shall assist with preparing to cross-examine US logistics expert(s).

2. Preparing Reports for DOL The contractor shall draft an expert report summarizing the study methods and results and present the report by email to the government point of contact. The contractor will provide addendums to analysis if necessary during litigation or settlement discussions.

3. Testifying during Deposition The contractor shall prepare for his deposition by reviewing all necessary analysis and data and prepare with counsel for RSOL. The contractor shall be deposed by opposing counsel.The contractor shall read and sign his deposition.

4. Assisting with RSOL deposition of Defendants’ GPS expert The contractor will assist RSOL counsel with preparation for the deposition of the GPS expert that defendants are likely to hire.The contractor will assist with counsel reviewing and analyzing the expert report produced by defendants’ expert.

5. Assisting with RSOL discovery and review of discovery responses The Contractor, if needed, will assist RSOL with drafting discovery and discovery responses related to GPS data and analysis.The Contractor, if needed will assist RSOL with reviewing defendants’ discovery responses related to GPS data and analysis

6 Settlement Assistance The contractor, if needed, will assist RSOL counsel with settlement discussions related to GPS data analysis. The Contractor will provide updated analyses if needed based on settlement discussions

PART 6 APPLICABLE PUBLICATIONS

6.1 Publications Applicable to This PWS: N/A

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

TECHNICAL EXHIBIT 1

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance (and who performs) {e.g. 100% inspection by

COR}

PRS # 1. Testify at Trial The contractor shall prepare for trial testimony The contractor shall attend the trial and assist as needed The contractor shall testify at trial The contractor shall assist with preparing to cross-examine US logistics expert(s)

The standard shall be that of an expert witness in the field of Global Positioning Systems.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

PRS # 2

2. Preparing Reports for DOL The contractor shall draft an expert report summarizing the study methods and results and present the report by email to the government point of contact.

The contractor will provide addendums to analysis if necessary during litigation or settlement discussions

The standard shall be that of an expert witness in the field of Global Positioning Systems using techniques that have been tested and subjected to peer review and publication with a known or potential error rate, following generally accepted standards for published work performed by experts in the field of GPS and have attracted widespread acceptance within that community.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

PRS # 3

3.Testifying during Deposition The contractor shall prepare for his deposition by reviewing all necessary analysis and data and prepare with counsel for RSOL The contractor shall be deposed by opposing counsel The contractor shall read and sign his deposition

The standard shall be that of an expert witness in the field of Global Positioning Systems.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

PRS # 4

Assisting with RSOL deposition of Defendants’ GPS expert The contractor will assist RSOL counsel with preparation for the deposition of the GPS expert that defendants are likely to hire.

The contractor will assist with counsel reviewing and analyzing the expert report produced by defendants’ expert.

The standard shall be that of an expert witness in the field of Global Positioning Systems.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

PRS #5

5. Assisting with RSOL discovery and review of discovery responses The Contractor, if needed, will assist RSOL with drafting discovery and discovery responses related to GPS data and analysis.

The Contractor, if needed will assist RSOL with reviewing defendants’ discovery responses related to GPS data and analysis

The standard shall be that of an expert witness in the field of Global Positioning Systems.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

PRS #6

6. Settlement Assistance The contractor, if needed, will assist RSOL counsel with settlement discussions related to GPS data analysis.

The Contractor will provide updated analyses if needed based on settlement discussions

The standard shall be that of an expert witness in the field of Global Positioning Systems.

Zero Deviation from the standard

100% inspection by the COR and assigned

RSOL

attorney

TECHNICAL EXHIBIT 2

Deliverables Schedule N/A

Deliverable Frequency # of Copies Medium/Form at Submit To Section 5.1 Testify At Trial

As agreed upon by the parties COR & RSOL

POINT OF

CONTACT

SECTION 5.1.

PREPARE

REPORT

WITHIN 90

DAYS OF

CONTRACT

AWARD, OR AS

AGREED UPON

1-EMAIL

3 COPIES

MS WORD-

EMAIL &

HARD COPY IF

REQUESTED

COR & RSOL

POINT OF

CONTACT

SECTION 5.1

TESTIFYING AT

DEPOSITION

AS AGREED

UPON BY THE

PARTIES

COR & RSOL

POINT OF

CONTACT

Assisting with

RSOL

deposition of Defendants’ GPS expert

AS AGREED

UPON BY THE

PARTIES

COR & RSOL

POINT OF

CONTACT

ASSISTING

WITH RSOL

DISCOVERY

AND REVIEW OF

DISCOVERY

RESPONSES

AS AGREED

UPON BY THE

PARTIES

COR & RSOL

POINT OF

CONTACT

Settlement Assistance AS AGREED

UPON BY THE

PARTIES

COR & RSOL

POINT OF

CONTACT

CONTRACT CLAUSES, TERMS, AND CONDITIONS

C-1 FAR CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions – Commercial Items. Alternate I (JAN 2017)

C-2 FAR CLAUSES INCORPORATED BY FULL TEXT

C-2.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (AUG 2020)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (41 U.S.C. 3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (Mar 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

__ (36) 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 prescribed in 22.1803.)

__ (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 (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or…