SP3300-12-R-0030.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 See Schedule

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP3300-12-R-0030

5. SOLICITATION NUMBER

2012 JUL 17

6. SOLICITATION ISSUE

DATE

Patrick Van Sant PNNAB48

a. NAME

Phone: 717-770-4092

b. TELEPHONE NUMBER (No Collect calls)

2012 AUG 17

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP3300

DLA DISTRIBUTION

OFFICE OF PROCUREMENT - EBS

2001 MISSION DRIVE

NEW CUMBERLAND PA 17070-5000

USA

10. THIS ACQUISITION IS

100UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8 (A)

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

541513NAICS:

25.5 MilSIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

PAS: None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 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 CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

64PAGE 1 OF

11:00 AM

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 3/2005) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

This Request for Proposal (RFP) is being issued to establish a Firm-Fixed Price (FFP) Performance Based Service Contract for a base year and four (4) option years, or for a total of five (5) years. DLA Distribution requires contractor to provide onsite and remote support to LAN Enclave Boundary Defense Systems and programs.

2. The solicitation is being issued as a 100 % Small Business Set-Aside . The applicable NAICS Code is 541513, Computer systems facilities (i.e., clients' facilities) management and operation services, with a small business size standard of $25.5 Million.

3. This is a follow-on contract to SP3100-12-F-0082. The current incumbent for Contract SP3300-12-F-0082 is E & E IT Consulting Services, Inc., 2010 State Road Suite 100, Camp Hill PA 17011. The total award value is $897,000.00 for a 12 month period of performance.

4. Period of Performance (PoP) for this acquisition:

Phase-in Period: 1 January 2013 - 31 January 2013;

Base Year (Full Performance): 1 February 2013 - 31 December 2013;

Option Year One (1): 1 January 2014 - 31 December 2014 (if exercised);

Option Year Two (2): 1 January 2015 - 31 December 2015 (if exercised);

Option Year Three (3): 1 January 2016 - 31 December 2016 (if exercised);

Option Year Four (4): 1 January 2017 - 31 December 2017 (if exercised).

5. Central Contractor Registration (CCR): As stated in the referenced FAR 52.212-1, Instruction to Offeror, Paragraph (k), a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and approval confirmation via the internet at http://ww.ccr.gov or by calling 1-888-227-2423 or (269)961-5757.

6. Invoicing Instructions: Invoices shall be submitted on a monthly basis to the Contract Specialist administrating this contract. The Contracting Officer'sRepresentative (COR) will verify that the programs have been completed, certify the invoice, and return the invoice to the Contract Specialist for final processing.

INSTRUCTION FOR PAYMENT BY DFAS

(a) This contract/order will be paid by DFAS.

(b) Invoices for supply contracts shall be submitted at time goods are shipped.

(c) Invoices for service contracts shall be submitted in accordance with instructions provided in thecontract/order.

(d) At a minimum, each invoice shall include the following information:

(1) Contractor name, address, and CAGE code;

(2) Invoice date and invoice number;

(3) Contract number/order number;

(4) Contract Line Item Numbers (CLIN(s));

(5) CLIN description, quantity, unit of measure, unit price and extended total prices;

(6) Additional information required by the Prompt Payment Act at FAR 52.232-25.

(e) Unless indicated elsewhere in this contract/order, invoices shall be faxed or emailed to the Contract Specialist identified on page 1 of this document in the block titled "Issued By".

(f) In accordance with the Prompt Payment Act (FAR 52.232-25), payment will normally be made within thirty

(30) days after receipt of proper invoice or acceptance of supplies/services, whichever is later.

7. FAR 1.602-1 -- Contracting Officers Authority

(a) Contracting officers have authority to enter into, administer, or terminate contracts and make related determinations and findings. Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority (see 1.603-1) clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.

(b) No contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

8. All Offeror’s shall submit their proposals on a signed SF 1449. The contractor shall include past performance and technical information in the offer.

9. As noted in the Attachment 3- DD 254, offerors are required to have a Secret Facility Clearance. If an interested offeror does not already have a Secret Facility Clearance, the Government may be able to sponsor the offeror prior to award. The Offeror should request this sponsorship as soon as possible, but not later than COB on 6 August 2012. If the Government is unable to confirm that the offeror has the required Secret Facility Clearance at the time of contract award, the Offeror will be ineligible for contract award.

10. The following Attachments are included as part of RFP SP3300-12-R-0030:

Attachment 1- PWS Attachment 2- QASP Attachment 3- DD 254 Attachment 4- DD 254 Continuation Attachment 5 - Past Performance Questionnaire Attachment 6- 2.1 - IA technical CE Functional Definitions Attachment 7- 5.1 - IA Certs Matrix Attachment 8- 5.2- CE Matrix and Certs

11. Proposals must be hand delivered or mailed only to the following address:

DLA Distribution Acquisition Operations 2001 Mission Drive, J-Ave, Bldg 404 Attn: Mr. Patrick Van Sant (J7) New Cumberland, PA 17070-5000

For FedEx and UPS delivieres, please use the following address:

DLA Distribution Acquisition Operations Attn: Mr. Patrick Van Sant J Avenue, Bldg 404 J7 (AB) New Cumberland, PA 17070-5000

Note: If packages are sent by commercial carrier, the package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Blocks 5 and 8, page 1 of the SF 1449. At this time, only FedEx and UPS provide express delivery to the office listed above.

Offers must be received by 17 August 2012 by 11:00 AM Eastern Local Time to be considered for award. Offerors shall email the Contract Specialist Patrick Van Sant at patrick.vansant@dla.mil, the method in which they will be submitting their proposal and provide any associated tracking information. If an offeror intends to hand deliver their proposal, the offeror must contact the Contract Specialist, Mr. Patrick Van Sant, via email at least one (1) week prior to the submission deadline to coordinate delivery.

12. Questions regarding this solicitation should be emailed to the Contract Specialist, Mr. Patrick Van Sant at patrick.vansant@dla.mil by Close of Business (COB) on 6 August 2012. Questions not received via electronic mail may not be answered.

13.The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies/material prices.

Therefore, your assistance is requested in reducing prices and improving our buying processes.

14. Accessibility of E&IT Products to people with Disabilities (Section 508 of the Rehabilitation Act)

Unless otherwise specified, all products (supplies or services) furnished under this contract shall comply with the applicable Electronic and Information Technology (E&IT) Accessibility Standards at 36 CFR part 1194.

(End Of Text)

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Contract Line Item Number (CLIN) 0001 is for Phase-in of the Information Technology (IT) Support Services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations, Phase-in is in accordance with Performance Work Statement (PWS) Part 2.7 for the performance period of 1 January 2013 through 31 January 2013.

"Subject to Availability of Funds", In Accordance with FAR 52.232-18.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 D301-V00006569 12 1 MO $ ________________ $ ________________

Firewall Enclave Svcs Labor

PRICING TERMS: Firm Fixed Price

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 01/01/2013 - 01/31/2013

SEE THE ATTACHED PERFORMANCE WORK STATEMENT, SECTION 2.2.1 "PLACE OF PERFORMANCE".

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0045448861 0001 N/A N/A N/A 04/04/2012

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $2,500.00

Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per diem rates IAW FAR 31.2. The contractor shall not charge indirect rates against this line item.

SUPPLY/SERVICE: V999-V00007739 CONT'D

0002 V999-V00007739 12 1 UN $ ________________ $ ________________

Svcs Travel

PERIOD OF PERFORMANCE: 01/01/2013 - 01/31/2013

ITEM PR PRLI PR PRLI Material Need Ship Date .

0002 0045448862 0001 N/A N/A N/A 04/04/2012

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Contractor is to provide IT support services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations in accordance with the Performance Work Statement.

Interested parties are requested to provide a Firm Fixed Pricing based on the below instructions.

Pricing proposal must be submitted based on a monthly Firm Fixed Price. Invoices should be submitted in arrears on the 1st of the following month.

0003 D301-V00006569 11 MO $ ________________ $ ________________

Svcs Labor

SUPPLY/SERVICE: D301-V00006569 CONT'D

PERIOD OF PERFORMANCE: 02/01/2013 - 12/31/2013

ITEM PR PRLI PR PRLI Material Need Ship Date .

0003 0045448864 0001 N/A N/A N/A 04/04/2012

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $30,000.00 Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per

0004 V999-V00007739 1 UN $ ________________ $ ________________

Svcs Travel

PERIOD OF PERFORMANCE: 02/01/2013 - 12/31/2013

ITEM PR PRLI PR PRLI Material Need Ship Date .

0004 0045448865 0001 N/A N/A N/A 04/04/2012

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Option Year 1

Contractor is to provide IT support services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations in accordance with the Performance Work Statement.

Interested parties are requested to provide Firm Fixed Pricing based on the below instructions.

Pricing proposal must be submitted based on a monthly Firm Fixed Price. Invoices should be submitted in

1001 D301-V00006569 12 MO $ ________________ $ ________________

FIREWALL ENCLAVE

SVCS TRAVEL

PERIOD OF PERFORMANCE: 01/01/2014 - 12/31/2014

ITEM PR PRLI PR PRLI Material Need Ship Date .

1001 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Option Year 1

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $30,000.00

Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per

1002 V999-V00007739 1 UN $ ________________ $ ________________

Other Transportation Travel Services

This line item is an option in accordance with the terms and conditions of the solicitation/award.

PERIOD OF PERFORMANCE: 01/01/2014 - 12/31/2014

ITEM PR PRLI PR PRLI Material Need Ship Date .

1002 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Option Year 2

Contractor is to provide IT support services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations in accordance with the Performance Work Statement.

Interested parties are requested to provide Firm Fixed Pricing based on the below instructions.

Pricing proposal must be submitted based on a monthly Firm Fixed Price. Invoices should be submitted in

2001 D301-V00006569 12 MO $ ________________ $ ________________

PERIOD OF PERFORMANCE: 01/01/2015 - 12/31/2015

ITEM PR PRLI PR PRLI Material Need Ship Date .

2001 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Option Year 2

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $30,000.00 Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per

2002 V999-V00007739 1 UN $ ________________ $ ________________

Other

PERIOD OF PERFORMANCE: 01/01/2015 - 12/31/2015

ITEM PR PRLI PR PRLI Material Need Ship Date .

2002 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Option Year 3

Contractor is to provide IT support services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations in accordance with the Performance Work Statement.

Interested parties are requested to provide Firm Fixed Pricing based on the below instructions.

Pricing proposal must be submitted based on a monthly Firm Fixed Price. Invoices should be submitted in

3001 D301-V00006569 12 MO $ ________________ $ ________________

PERIOD OF PERFORMANCE: 01/01/2016 - 12/31/2016

ITEM PR PRLI PR PRLI Material Need Ship Date .

3001 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Option Year 3

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $30,000.00 Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per

3002 V999-V00007739 1 UN $ ________________ $ ________________

Other

PERIOD OF PERFORMANCE: 01/01/2016 - 12/31/2016

ITEM PR PRLI PR PRLI Material Need Ship Date .

3002 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: D301-V00006569

ITEM DESCRIPTION:

Option Year 4

Contractor is to provide IT support services to include onsite and remote support for LAN Enclave Boundary Defense Systems and Programs for DLA Information Operations at New Cumberland and other depot locations in accordance with the Performance Work Statement.

Interested parties are requested to provide Firm Fixed Pricing based on the below instructions.

Pricing proposal must be submitted based on a monthly Firm Fixed Price. Invoices should be submitted in

4001 D301-V00006569 12 MO $ ________________ $ ________________

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 01/01/2017 - 12/31/2017

ITEM PR PRLI PR PRLI Material Need Ship Date .

4001 N/A N/A N/A N/A N/A N/A

SUPPLIES/SERVICES: V999-V00007739

ITEM DESCRIPTION:

Option Year 4

Travel - Cost Reimbursement, "Not to Exceed" a total amount of $30,000.00 Cost Contract No Fee (See FAR 52.216-11)

Travel in accordance with the Performance Work Statement. The contractor shall bill for travel in accordance with FAR 31.205-46. This CLIN is a non-profit bearing CLIN and allowable costs shall not exceed the JTR per

4002 V999-V00007739 1 UN $ ________________ $ ________________

Other

PERIOD OF PERFORMANCE: 01/01/2017 - 12/31/2017

ITEM PR PRLI PR PRLI Material Need Ship Date .

4002 N/A N/A N/A N/A N/A N/A

Part 12 Clauses

CLAUSES ADDED TO PART 12 BY ADDENDUM

Clauses ADDENDA TO FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (JUN 2010)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) FAR 52.204-07 Central Contract Registration (APR 2008) FAR 52.215-21 -- Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications. (OCT 2010) FAR 52.216-11 Cost Contract -- No Fee (APR 1984) (Applicable to CLINs 0002, 0004, 1002, 2002, 3002, and 4002 only) FAR 52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011) FAR 52.223-10 Waste Reduction Program. (MAY 2011) FAR 52.227-1 Authorization and Consent. (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007) FAR 52.228-5 Insurance Work on a Government Installation (JAN 1997) FAR 52.233-1 Disputes (July 2002) FAR52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.246-25 Limitation of Liability (FEB 1997) FAR 52.253-1 Computer Generated Forms (JAN 1991)

DFARS 252.204-7000 Disclosure of Information (DEC 1991) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 Alternate A, Central Contractor Registration (SEP 2007) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) DFARS 252.204-7008 Requirements for Contracts Involving Exported-Controlled Items (APR 2010) 252.223-7004 Drug-Free Work Force (SEP 1988) DFARS 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (APR 2012) DFARS 252.239-7001 information Assurance Contractor Training and Certification (JAN 2008)

DLAD 52.212-9000 Changes – Military Readiness (MAR 2001) DLAD 52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (JUN 2001) DLAD 52.237-9002 Key Personnel – Fixed Price Service Contracts (APR 2008)

FAR 52.204-2 -- Security Requirements (AUG 1996)

(a) This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.”

(b) The Contractor shall comply with --

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of Clause) FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) 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.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (May 2012)

(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) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to 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. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Feb 2012) (Pub. L.

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

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L.

111-5).

_X__ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note).

___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 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).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (10) 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).

___ (11) [Reserved] _X__ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (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__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (19) (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.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X__ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112- 42).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Mar 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

__X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (51) (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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

FAR 52.217-9--Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.232-18 Availability of Funds. (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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/

DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country. (DEC 2006)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Non-procurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. (JUN 2012)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

__X__ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) __X__ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

(2) _____252.203-7003, Agency Office of the Inspector General (APR 2012)(section 6101 of Pub. L. 110-252, 41 U.S.C. 3509).

(3) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416).

(4) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)

(JUN 2012) (15 U.S.C. 637).

(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (JAN 2011) (15 U.S.C. 637 note).

(6)(i) ____ 252.225-7001, Buy American and Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83, E.O. 10582).

(ii) ____Alternate I (OCT 2011) of 252.225-7001.

(7) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009)(10 U.S.C. 2533b).

(8) ____ 252.225-7009, Restriction on Acquisition of Certain Articles ContainingSpecialty Metals (JUN 2012) (10 U.S.C. 2533b).

(9) __X__ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a).

(10) __X__ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub.

L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(12) _____252.225-7017, Photovoltaic Devices (MAY 2012) (Section 846 of Pub.

L. 111-383).

(13)(i) ____ 252.225-7021, Trade Agreements (JUN 2012) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii) ____ Alternate I (OCT 2011) of 252.225-7021.

(iii) ____Alternate II (OCT 2011) of 252.225-7021.

(14) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(15) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(16)(i) ____ 252.225-7036, Buy American—Free Trade Agreements— http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252205.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252219.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://creation/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm� http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm�

Balance of Payments Program (JUN 2012) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

(ii)___ Alternate I (JUN 2012) of 252.225-7036.

(iii) ___ Alternate II (JUN 2012) of 252.225-7036.

(iv) ___ Alternate III (JUN 2012) of 252.225-7036.

(v) ___ Alternate IV (JUN 2012) of 252.225-7036.

(vi) ___ Alternate V (JUN 2012) of 252.225-7036.

(17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(18) ____ 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110- 417 and sections 831 and 832 of Pub. L. 111-383).

(19) __X__ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(20) ____ 252.227-7013, Rights in Technical Data—Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)).

(21) ____ 252.227-7015, Technical Data—Commercial Items (DEC 2011) (10 U.S.C. 2320).

(22) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102-4(c).

(23) ____ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(24) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(25) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(26) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(27) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(28) ____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(29)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(30) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(31) ____ 252.247-7027, Riding Gang Member Requirements (OCT 2011) (Section 3504 of Pub. L. 110-417).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7039, Contractors Performing Private Security Functions (JUN 2012) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110- 417 and sections 831 and 832 of Pub. L. 111-383).

(2) 252.227-7013, Rights in Technical Data—Noncommercial Items (FEB 2012), if applicable (see 227.7103-6(a)).

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(3) 252.227-7015, Technical Data—Commercial Items (DEC 2011), if applicable (see 227.7102-4(a)).

(4) 252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2012), if applicable (see 227.7102- 4(c)).

(5) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(6) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub.

L. 108-375).

(7) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(8) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C 2631).

(9) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

DFARS 252.225-7004 Report of Intended Performance Outside the United States and Canada—…