SOL-OAA-16-000023_Amend_1.pdf

SOL-OAA-16-000023 Amend 1

January 3, 2015

SUBJECT: Request for a Proposal (RFP)

REFERENCE: Warehouse inspection and cargo surveying services

Dear Vendor:

The United States Government, represented by the U.S. Agency for International Development (USAID) is contemplating the negotiation and award for the Warehouse inspection and cargo surveying services. Therefore, USAID is seeking proposal from you in response to the attached statement of work.

The resulting Contract will provide warehouse inspection and cargo surveying services in support of ongoing humanitarian missions. Therefore, please review the attachment and submit a proposal no later than 1000 Eastern Time (ET) on, February 8, 2016, to Prince Boateng, via email Pboateng@usaid.gov and Christine Karpinsk via email ckarpinski@usaid.gov .

Your proposal must contain the information requested in this solicitation as well as the following

Confirmation of System for Award (“SAM”) Registration

If there are any questions or concerns, please address them to Christine Karpinsk via email ckarpinski@usaid.gov, by 1100 ET Friday, January 15, 2015. This letter request for proposal in no way obligate USAID to the award of a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of a quotation.

Respectfully, /s/

Prince Boateng, Contracting/ Agreement Officer U.S. Agency for International Development Office of Acquisition & Assistance mailto:Pboateng@usaid.gov mailto:ckarpinski@usaid.gov mailto:ckarpinski@usaid.gov pboateng Highlight

SECTION B – SERVICES/SUPPLIES

B.1 TYPE OF CONTRACT

This is a labor-hour contract between USAID and (TBD). For inspection and surveying consideration as set forth in this solicitation, (TBD) will provide inspection, surveying and commodity testing services as described in the Statement of Work.

B.2 CONTRACT PRICE

The total contract price of this purchase order is $(TBD). The Government hereby obligates the amount of $(TBD) which will be payable as described in Section G.4 of this Contract.

END OF SECTION B

SECTION C – STATEMENT OF WORK

C.1 PURPOSE

The United States Agency for International Development (USAID) hereby invites you to propose warehouse inspection and cargo surveying services including inspection of emergency food items for the USAID Food for Peace Preposition Warehouse(s) located in: Durban, South Africa; Djibouti, Djibouti; Tanjung Pelapas, Malaysia;

Tema, Ghana; Dakar, Senegal; Dubai, UAE; and Houston, Texas. This solicitation is not limited to only the stated locations and may include other potential warehouse locations and inspection of emergency food items at manufactures’ facilities.

During the term of this contract, USAID may also engage the contractor to provide ad hoc services to include but not limited to inspection of emergency relief supplies; inspection of warehouse(s); and other surveying and inspection services for the USAID’s Office of U.S. Foreign Disaster Assistance (USAID/OFDA) in various locations worldwide.

The authorized source, origin and nationality for this procurement is USAID geographic code 935.

This is a solicitation for commercial services prepared in accordance with United States Federal Acquisition Regulations (FAR) subpart 12.6, as supplemented with additional information and requirements in this notice.

This announcement constitutes the only solicitation; proposals are requested and a separate written solicitation will not be issued.

Offerors may offer on one or more of the regions presented. The government is interested in one award which covers all region(s) but the government may issue more than one award. Offerors must include in their offer, if applicable, a statement certifying the company’s ability to provide ad hoc inspection services as required by USAID worldwide or specifying the region(s) where services can be provided, and how this will be accomplished.

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/sub-awards issued under this contract/agreement.

This procurement is unrestricted. The North American Industrial Classification System (NAICS) code is 541990, Commodity Inspection Services.

C.2 STATEMENT OF WORK

1. Office of Food for Peace Program:

The purpose of this solicitation is to obtain food aid commodity and warehouse inspection services in and around the ports of: Durban, South Africa; Djibouti, Djibouti; Tanjung Pelapas, Malaysia; Tema, Ghana; Dakar, Senegal; Dubai, UAE; and Houston, Texas.

The United States Agency for International Development’s Office of Food for Peace (USAID/FFP) procures both bulk and packaged food aid commodities for use in its Title II food aid and International Disaster Assistance (IDA) programs. The packaged commodities are transported and delivered to a warehouse facility where they are stored, pending re-delivery to a Private Voluntary Organization (PVO), UN organization or cooperating country government. The purpose of this commodity and warehouse inspection service contract is to ensure that USAID commodities are stored and remain in excellent condition until they are re-delivered or shipped from our contracted warehouse facility. Given the inherent nature of food aid commodities, their shelf life and their storage conditions, there is a potential for loss or damage. To address this risk, the U.S. government is seeking to contract with commodity and warehouse inspection company(s) to provide services at the specified USAID warehouse location(s) provided. The contractor will witness and examine the stored commodities, warehouse space(s), packaging, and storage techniques utilized at each location. The contractor will document the count and condition of all food aid commodities within the warehouse(s). The contractor will provide a written report to the U.S.

Government describing all findings. All inspections performed and reports issued by the contractor will be used by the Government to assure the proper care and storage of the commodities. The inspections are intended to preserve in excellent condition, all food commodities stored for USAID within its preposition warehouses around the world.

The contractor shall have the capability to provide third party inspection of the production of specialty and emergency food at manufactures facility. The purpose of this third party facilities ad hoc inspection service is to ensure that specialty food production, operations and packing process are consistent with the USAID commodity specifications, and that USAID commodities are stored and remain in excellent condition until they are delivered, or shipped to recipient. Inspection may also include out turn tally/count commodities before commodities are loaded in containers.

The performance work statement (below) provides specific government requirements. All commodity and warehouse inspection and reporting services shall be performed with due consideration of the commodity and storage guidelines provided in the USAID Food for Peace Commodities Reference Guide. The Commodities Reference Guide is made an integral part of this contract by reference, and may be found at https://www.usaid.gov/what-we-do/agriculture-and-food-security/food-assistance/resources/implementation-tools/commodity.

2. Office of United States Foreign Disaster Assistance Program:

The USAID’s Office of U.S. Foreign Disaster Assistance (USAID/OFDA) leads and coordinates the U.S.

Government’s humanitarian assistance efforts overseas, ensuring that aid reaches people affected by rapid onset disasters including earthquakes, volcanoes and floods, as well as slow-onset crises, such as drought and conflict.

USAID/OFDA responds quickly to disasters by coordinating the distribution of emergency relief supplies, including but not limited to plastic sheeting for emergency shelters, family hygiene kits, blankets, kitchen sets and water purification equipment and containers. The purpose of this commodity and third party facilities ad hoc inspection service is to ensure that fabrication, production, operations and packing process are consistent with the commodity specifications, and that USAID commodities are stored and remain in excellent condition until they reach the recipient.

For ad hoc inspection services required by USAID, individual task will be issued to the contractor, clearly describing technical requirements and all services to be performed and delivered, so the full price for the performance of the work can be established when the order is placed. All terms and conditions postulated in this solicitation apply to ad hoc services, unless otherwise indicated.

C.3 SPECIFICATIONS

C.3-1 Schedule of Services

1. Locations - The USAID warehouse facilities are located in Durban, South Africa; Djibouti, Djibouti; Tanjung Pelapas, Malaysia; Tema, Ghana; Dakar, Senegal; Dubai, UAE; and Houston, Texas. The contractor should be able to provide services to other locations worldwide if requested by USAID. (Specifics and contact points will be provided).

2. Volume - The Contractor shall be responsible for performing all commodity and warehouse inspection(s) and reporting requirements, as requested by USAID for cargoes to be stored in the warehouse location(s) provided above. Inspection and reporting requirements may include commodity volumes of from 1 metric ton up to 50,000 metric tons of USAID commodities at any of the listed warehouses. Individual requirements may involve inspection(s) / sampling / lab analysis / tally counts of part of or all commodities, and the witnessing of the reconstitution and repackaging of damaged commodities.

3. Types of Commodities – USAID food aid commodities include unprocessed and processed packaged and tinned/boxed agricultural goods with specifications as provided in the USAID Commodities Reference Guide.

The commodities are primarily dry and packaged in 25 or 50 kilogram bags of various materials (with or without internal liners). There will also be certain volumes of vegetable oil, which may be packaged in 4-liter cylindrical tins, 20-liter steel pails, 208-liter steel drums, or plastic containers.

4. The contractor shall inspect, sample and provide lab analysis and reporting services every thirty (30) days for commodities in Durban, South Africa; Djibouti, Djibouti; Tanjung Pelapas, Malaysia; Dubai, UAE; and Houston. The government may include other warehouse locations or change the periodicity of inspection, sample and lab analysis and reporting services. USAID is seeking experienced cargo/commodity inspection firms, appropriately licensed and having the requisite knowledge, experience, and staffing to perform the required inspection and reporting work. The objective of this requirement is to confirm that the requisite warehousing facilities are maintaining all USAID commodities within program standards. Inspections serve to verify the effectiveness of warehouse operations, controls and practices to ensure the preservation of all USAID commodities. Lab analysis may be performed via a subcontractor agreement. Outturn inspections and tally reports may be required on an as ordered basis for cargoes to be released for export.

C.3-2 Requirements for inspectors

1. Inspectors shall possess the:

- Necessary authorities to perform their duties.

- Necessary technical qualifications and competencies in pest detection and controls, warehouse operations and commodity fumigation procedures.

- Necessary inspection facilities, appropriate tools and equipment to satisfactorily perform all functions.

- Necessary objectivity and impartiality to properly oversee individual facilities and operations.

The contracted inspector(s) may be required to inspect cargo/commodity lots to assess whether:

- Compliance is within USAID standards/ requirements.

- Proper fumigation techniques are applied for the eradication of specific pests, and proper damage mitigation techniques employed.

2. Vendor(s) are required to provide proper management, supervisory staff, tools, equipment, logistics and personnel to adequately perform thorough warehouse and cargo survey / inspection(s).

The vendor must provide the following under this contract:

a. A single point of contact for each location, including phone number and e-mail address for immediate access to matters as set forth by the contract.

b. Documentation in report form for all commodity inspection(s), lab analysis, tally counts etc., which were authorized by USAID and performed on their behalf. All analysis requested by USAID shall show name of authorizing individual, services performed, follow-up and completion.

c. Qualified and experienced warehouse and commodity inspectors at all location(s) as specified by specified by this contract.

d. Survey reports to include (digital photos and other technical formats) :

i. The quantity of commodity and warehouse space inspected.

ii. The location of the commodity within the warehouse.

iii. The condition of the commodity, including a complete description of the percentage of commodity in excellent condition; samples acquired for analysis, quantity, type and severity of any damage, loss or infestation, probable cause of damages found (based upon analysis).

iv. Condition(s) of the warehouse(s) (both interior and exterior) to include:

Overall warehouse cleanliness, organizational techniques (stacking / segregation etc.), proper implementation of fumigation techniques, whether employees appear appropriately trained and follow accepted operational procedures, are generally accepted industry standards for food handling and storage practices being adhered to, are windows and doors properly sealed and screened to prevent pest and other infestation or contamination? Is there evidence of unprotected food, ripped bags, unclean surfaces, damaged equipment, holes in external barriers / roofs, is there adequate lighting and firefighting equipment present throughout the facility(s) (possessing the necessary coverings), is there evidence of past infestation or damaged commodities, has the contractor properly addressed past infrastructure issues, are damaged commodities being properly disposed of, is fumigation being applied sufficiently and where necessary, does the warehouse possess and maintain an accurate and updated inventory / record keeping system and are any other common industry practices that may not being adhered too that could endanger the long term quality of USAID’s food commodities.

Vendors are required to review all warehouse documentation for accuracy and are to insure all commodities are being stored in excellent condition, free of all pests and contaminants. Inspections must include the monitoring of warehouse commodity recouping efforts and compliance with US Department of Agriculture EOD-110 which can be found at: http://www.fsa.usda.gov/Internet/FSA_File/eod110.pdf. (Where USDA EOD-110 refers to “steamship companies,” infer “USAID warehouse contractor.”)

3. In the event of any suspected or actual damage, loss or pest infestation, the Contracting Officer or Contracting Officers Representative (COR) is to be notified immediately in writing. Potential problem areas may include damage to packaging, water damage, evidence of rodents / birds / insects, excess humidity or temperature, the presence of chemical contaminants and any other outside source that could potentially impair the long term quality of the food commodities.

4. The contractor shall provide evidence that written notice of any damage, loss or pest infestation was presented to the warehouse operation manger.

5. Observe and provide documentation and evidence for the disposition of any damaged cargo, reconstitution / repackaging / disposal of any commodity (as requested by the USAID).

6. In the event of damaged or pest infested cargo, obtain samples (subject to authorization by the Contracting Officer or COTR) and provide a timely analysis of suspected unfit cargo.

7. Certifications signed by third parties that establish attendance by the Contractor at each inspection.

III. REPORTS

All inspection reports and lab analysis shall be submitted to the Contracting Officers Technical Representative listed in the contract. All reports, supporting documentation and photos shall be submitted electronically within 5 working days for domestic and 10 working days for overseas inspection or lab analysis.

IV. Deliverables The Contractor shall acknowledge receipt of any ad hoc task orders within one day of issuance.

The Contractor shall liaise with USAID and the warehouse operations manager regarding the inspection service to be provided and the time of the inspection.

The contractor may be required to perform inspections and survey at locations other than the stipulated preposition warehouse location(s) and the requirements will be provided by the contracting officer.

The Contractor shall provide a separate, written inspection report including supporting documentation (provided in English) for each inspection and/or lab analysis performed. Each report shall contain sufficient detail and documentation to provide the government with a clear understanding of the current commodity and warehouse conditions. All report(s) to be provided in electronic form.

Completed reports shall be submitted within three (3) working days of completion of an inspection.

The Contractor to ensure timely replies to all inquiries made the Contracting Officer or COTR.

END OF SECTION C

SECTION D – MARKING AND BRANDING

D.1 BRANDING

N/A

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION

Inspection and acceptance of tendered items by USAID will be performed in accordance with clause 52.246-4 -- Inspection of Services -- Fixed-Price. Unless otherwise designated by the contracting officer, the contracting officer’s representative as designated in Section G is the authorized Government representative to accept supplies and/or services rendered by the contractor under this contract.

Inspection and either acceptance, rejection or conditional acceptance will be performed at the discretion of the COR. The contractor must obtain COR acceptance of all contract deliverables before contract payment will be made by USAID.

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

This contract is expected to commence on/about 1 March 2016, or as agreed between the parties. The contract shall be effective through 28 February 2018. Up to (3) one year option periods may be declared by the government.

Option year 1: 1 March 2018 – 28 February 2019 Option year 2: 1 March 2019 – 28 February 2020 Option year 3: 1 March 2020 – 29 February 2021 The government point of contact on all contractual issues and notifications is the contracting officer.

F.2 DELIVERABLES

The deliverables are as stated in Section C

F.3 PLACE OF PERFORMANCE

The place of performance is as stated in section C of this contract.

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER (CO)

The Cognizant Contracting Officer and Contract Administration Office for this order are the following:

Prince Boateng Office of Acquisition and Assistance

M/OAA/T

1300 Pennsylvania Avenue, NW

Washington, DC 20523 pboateng@usaid.gov

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this order and notwithstanding any provisions contained elsewhere in this order, the said authority remains solely in mailto:pboateng@usaid.gov the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The contractor will take technical direction from the contracting officer’s representative to be identified after award of contract

As used herein, “technical directions” are directions provided to clarify, define, or give specific direction within the specifications. Under no circumstances, may “technical directions” change the price/cost or fee, quantity, quality, scope, delivery schedule, nature of deliverables, or other terms and conditions of this purchase order.

Only the Contracting Officer may initiate these types of changes. In the event the Contractor believes “technical direction” makes changes in any of the above-mentioned areas, the Contract shall promptly notify the Contracting Officer of the situation.

G.3 ACCOUNTING AND APPROPRIATION DATA

(TBD)

G.4 INVOICES

The contractor shall submit one (1) original of each invoice on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to the Office of Chief Financial Officer to the following email address:

EI@usaid.gov. In addition, the contractor shall submit one (1) copy of the voucher and the invoice to the CO and the COR.

The SF‐1034 shall be signed, and it shall be submitted along with the invoice and any other documentation in Adobe .PDF format. The invoice must reference the award number of the contract.

END OF SECTION G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PROHIBITION ON USAID CONTRACTORS, SUBCONTRACTORS, GRANTEES AND SUB GRANTEES

FROM TRAFFICKING IN PERSONS, PROCURING COMMERCIAL SEX ACTS, OR USING FORCED LABOR.

Paragraph (g) of section 106 of the Trafficking Victims Protection Reauthorization Act of 2003 (section 106 is codified at 22 U.S.C. 7104) provides that:

“Any grant, contract, or cooperative agreement provided or entered into by a Federal department or agency under which funds are being provided to a private entity, in whole or in part, shall include a condition that authorizes the department or agency to terminate the grant, contract, or cooperative agreement, without penalty, if the grantee or any sub grantee, or the contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreement.”

H.2 EXECUTIVE ORDER ON TERRORISM FINANCING

mailto:EI@usaid.gov

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with these Executive Order and laws. This provision must be included in all subcontracts/subawards issued under this contract.

H.3 AIDAR 752.225.70 SOURCE AND NATIONALITY REQUIREMENTS (FEBRUARY 2012)

Except as may be specifically approved by the Contracting Officer, the Contractor must procure all commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity transportation services) in accordance with the requirements at 22 CFR Part 228 “Rules on Procurement of Commodities and Services Financed by USAID Federal Program Funds.” The authorized source for procurement is Geographic Code 935. Guidance on eligibility of specific goods or services may be obtained from the Contracting Officer.

Ineligible goods and services. The Contractor must not procure any of the following goods or services under this contract:

1. Military equipment

2. Surveillance equipment

3. Commodities and services for support of police and other law enforcement activities

4. Abortion equipment and services

5. Luxury goods and gambling equipment, or

6. Weather modification equipment.

Restricted goods. The Contractor must obtain prior written approval of the Contracting Officer or comply with required procedures under an applicable waiver as provided by the Contracting Officer when procuring any of the following goods or services:

1. Agricultural commodities,

2. Motor vehicles,

3. Pharmaceuticals and contraceptive items

4. Pesticides,

5. Fertilizer,

6. Used equipment, or

7. U.S. government-owned excess property.

If USAID determines that the Contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the Contracting Officer or fails to comply with required procedures under an applicable waiver as provided by the Contracting Officer, and has received payment for such purposes, the Contracting Officer may require the contractor to refund the entire amount of the purchase.

H.4 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this Contract, to demand a refund or take other appropriate measures if the Contractor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

H.5 PROHIBITION AGAINST DISCRIMINATION (OCT 2011)

FAR Part 27 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S.

from engaging in certain discriminatory practices. USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of harassment, either sexual or nonsexual, of any employee or applicant for employment. Contractors are required to comply with the nondiscrimination requirements of the FAR and in addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce comprehensive nondiscrimination policies for their workplaces that include protection on these expanded bases.

END OF SECTION H

SECTION I – CONTRACT CLAUSES

I.1 A.I.D. ACQUISITION REGULATION (48 CFR CHAPTER 7) CLAUSES

NUMBER TITLE DATE

752.202-1 Definitions JAN 1990

752.211-70 Language And Measurement JUN 1992 752.242-70 Periodic Progress Reports OCT 2007

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

I.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

https: //www.acquisition.gov/far/index.html

52.203-3 Gratuities Apr 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

52.212-4 Contract Terms and Conditions—Commercial Items May 2014 52.232-1 Payments Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.247-5 Familiarization with Conditions Apr 1984 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006

52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed Price Supply and Service) Apr 1984 52.212-4 Liquidated Damages--Supplies, Services, or Research and Development

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2014)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (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 (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(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. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section

738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (34) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.

13423 and 13514).

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

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X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (43) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (44)(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.

__ (45) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (52) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (53) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (56)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 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).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and…