Traffic Database - Statement of Work.pdf

STATEMENT OF REQUIREMENTS

693C7320P000046

1. BACKGROUND AND PURPOSE

The Federal Highway Administration (FHWA) requires storage of traffic data as part supporting the National Park Service’s (NPS) the Traffic Management Program. Data are collected (auto polled) daily from 109 continuous traffic count stations. The data are downloaded nightly, screened for data anomalies and used to generate monthly and annual traffic data reports.

Currently traffic data are collected using Peek Traffic Corporation’s traffic counters, either the ADR-Sabre. Auto polling is conducted using Peek’s auto polling software.

The purpose of this contract is to provide a Commercial Off-the-Shelf (COTS) solution using a vendor hosted facility capable of meeting the requirements listed within Section 2.

2. REQUIREMENTS

The database shall meet the following requirements:

REQUIREMENT 1.0. General Database Requirements

● Maintain raw (prior to QA/QC updates) and imputed version of the traffic data.

● Have ability to contain a minimum of 300 continuous count stations and 750 coverage count stations, and 30 years of traffic data.

● Be hosted on vendor’s servers.

● Allow for web interface via the most current version of Windows browsers, including (but not limited to) Google Chrome and Firefox to allow those working with the database to impute the traffic data or make reports.

● Have a web portal to allow public viewing of limited amounts of data.

REQUIREMENT 2.0. Continuous Count Station Requirements

● Ability to report continuous count station status as functioning correctly or not functioning correctly.

● Ability for user to attach external information affecting count station such as lane closures or weather events to date ranges.

REQUIREMENT 3.0. Quality Assurance/Quality Control (QA/QC)

● Include pre-installed QA/QC validation procedures based on industry standards.

● Ability to add additional QA/QC checks, edit existing QA/QC, and delete QA/QC checks as needed.

● Ability to flag data that fail QA/QC checks.

● Ability to impute or accept flagged data.

REQUIREMENT 4.0. Reporting and Data Sharing Requirements Monthly and Annual reports must have following abilities:

● Reports and graphs will be generated by count stations.

● Reports and graphs will have ability to span multiple years and multiple months for a count station.

● Reports and graphs need to be broken down by lane, by direction, or for all lanes.

● Minimum format for download of data, reports and graphs will be latest versions of MS-

Word, MS-Excel and Adobe PDF.

Sub- Requirement 4.1. Additional Monthly Report Requirements

● Create monthly reports based on individual lane, direction, or count station. For Word downloads, reports will fit on one page for the parameters selected. For example, if report was by count station, the report would be one page; however, if the report was by lane and there were six lanes, the report would contain six pages (one per lane).

● Reports shall be able to be produce traffic data in hourly or daily formats.

● Reports shall display all the data for various subgroup increment bins, such as speed (e.g. less than 50 mph, 50 -55 mph, 55-60 mph, etc.).

Sub-Requirement 4.2. Additional Annual Report Requirements

● Annual reports shall contain data from up to 750 coverage count stations.

● Create annual reports based on individual lane, direction, count station, or of a selected group of count stations.

● In addition to reports producing traditional annual statistics, such Annual Average Daily

Traffic (AADT), reports shall also produce Seasonal Average Daily Traffic (SADT), monthly factors and apply monthly factors to coverage count stations.

REQUIREMENT 5.0. Help Desk Support

● Vendor shall provide access to technical support from 9 am EST to 6 pm EST, Monday through Friday

● Allow for five (5) named FHWA and NPS users to have access to technical support

3.0 PERIOD OF PERFORMANCE

The contract will consist of 1, 12-month base period and 4, 12-month option periods for a total of 5 years (60 months).

The following schedule of supplies and services contains a Contract Line Item Number (CLIN) structure which corresponds to the supplies and services described in Addendum 1.0 (Statement of Requirements).

This table must be filled out by the contractor and returned as part of the quote.

FIRM-FIXED-PRICE CLINs

TOTAL BASE PERIOD (09/30/2020-09/30/21) $60,000.00

TOTAL OPTION PERIOD 1 (09/30/2021-09/30/22) $60,000.00

TOTAL OPTION PERIOD 2 (09/30/2022-09/30/23) $60,000.00

TOTAL OPTION PERIOD 3 (09/30/2023-09/30/24) $60,000.00

TOTAL OPTION PERIOD 4 (09/30/2024-09/30/25) $60,000.00

GRAND TOTAL ALL OPTION PERIODS $300,000.00

4.0 MILESTONE DATES

The following schedule of milestones will be used by the COR to monitor timely progress under this contract.

MILESTONE DELIVERABLE PLANNED

COMPLETION

DATE

Kick-Off Meeting Within 10 days of contract award

Help Desk Support On-going through end of the period of performance for the contract

National Park Service Park Facility Management Division/Transportation Branch

Traffic Count Database Requirement

Appendix A Minimum Database Requirements

The traffic database needs to be able to store traffic data collected from continuous traffic count stations and also short-term (two to fourteen day) coverage counts. Minimum database requirements are as follows:

• Lane and loop assignments in each count station

• Hourly traffic volumes by lane for each count station

• Ability to store data in predefined speed and vehicle length bins in various time increments (15 minute to 60 minute)

• Direction

• Year of count

• Month of count

• Date of month of count

• Day of week of count

• GPS coordinates of traffic count

Appendix B Minimum List of Data Fields

For organizational purposes, traffic data is organized into four groups:

● Continuous Count Station Data

● Coverage Count Station Data

● Traffic Summary Reporting

● Traffic Segment Data

Continuous Count Station Data

● Park Name and Park Alpha Code

● Park Number

● NPS Region

● Count Station Name

● Count Station Number

● Lane ID

● Lane Direction of Travel

● Year of the Count

● Month of the Count

● Day of Week of the Count

● Calendar Date of the Count

● Traffic Volume during hour from 12 AM to 1AM

● Traffic Volume during hour from 1AM to 2 AM

● Traffic Volume during hour from 2 AM to 3 AM

● Traffic Volume during hour from 3 AM to 4 AM

● Traffic Volume during hour from 4 AM to 5 AM

● Traffic Volume during hour from 5 AM to 6 AM

● Traffic Volume during hour from 6 AM to 7 AM

● Traffic Volume during hour from 7 AM to 8 AM

● Traffic Volume during hour from 8 AM to 9 AM

● Traffic Volume during hour from 9 AM to 10 AM

● Traffic Volume during hour from 10 AM to 11 AM

● Traffic Volume during hour from 11 AM to 12 PM

● Traffic Volume during hour from 12 PM to 1 PM

● Traffic Volume during hour from 1 PM to 2 PM

● Traffic Volume during hour from 2 PM to 3 PM

● Traffic Volume during hour from 3 PM to 4 PM

● Traffic Volume during hour from 4PM to 5 PM

● Traffic Volume during hour from 5 PM to 6 PM

● Traffic Volume during hour from 6 PM to 7 PM

● Traffic Volume during hour from 7 PM to 8 PM

● Traffic Volume during hour from 8 PM to 9 PM

● Traffic Volume during hour from 9 PM to 10 PM

● Traffic Volume during hour from 10 PM to 11 PM

● Traffic Volume during hour from 11 PM to 12 AM

● Total Daily Traffic

Coverage Count Station Data

● Park Number

● NPS Region

● Count Station Name

● Count Station Number

● Reference Count Station Number

● Lane Direction of Travel

● Start Date of the Count

● Start Time of the Count

● End Date of the Count

● End Time of the Count

● Year of the Count

● Month of the Count

● Day of Week of the Count

● Calendar Date of the Count

● Traffic Volume during hour from 12 AM to 1AM

● Traffic Volume during hour from 1AM to 2 AM

● Traffic Volume during hour from 2 AM to 3 AM

● Traffic Volume during hour from 3 AM to 4 AM

● Traffic Volume during hour from 4 AM to 5 AM

● Traffic Volume during hour from 5 AM to 6 AM

● Traffic Volume during hour from 6 AM to 7 AM

● Traffic Volume during hour from 7 AM to 8 AM

● Traffic Volume during hour from 8 AM to 9 AM

● Traffic Volume during hour from 9 AM to 10 AM

● Traffic Volume during hour from 10 AM to 11 AM

● Traffic Volume during hour from 11 AM to 12 PM

● Traffic Volume during hour from 12 PM to 1 PM

● Traffic Volume during hour from 1 PM to 2 PM

● Traffic Volume during hour from 2 PM to 3 PM

● Traffic Volume during hour from 3 PM to 4 PM

● Traffic Volume during hour from 4PM to 5 PM

● Traffic Volume during hour from 5 PM to 6 PM

● Traffic Volume during hour from 6 PM to 7 PM

● Traffic Volume during hour from 7 PM to 8 PM

● Traffic Volume during hour from 8 PM to 9 PM

● Traffic Volume during hour from 9 PM to 10 PM

● Traffic Volume during hour from 10 PM to 11 PM

● Traffic Volume during hour from 11 PM to 12 AM

● Total Daily Traffic

Traffic Summary Reporting

● See Requirement 2 Under 3.0 TASKS

Traffic Segment Data

● Park Number

● NPS Region

● The number associated with the RIP Cycle Number in which the data was collected

● Count Station Name

● Count Station Number

● Seven RIP Route Number

● Route Identified (Combination of Park Alpha Code + "-" + RIP Route Number

● RIP Route Name

● Segment Name

● Segment’s beginning mile point

● Segment’s ending mile point

● Segment’s beginning latitude

● Segment’s beginning longitude

● Segment’s ending latitude

● Segment’s ending longitude

● Segment’s beginning description

● Segment’s ending description

● General comments

Appendix C

NPS QA/QC

Table 1. Traffic Count Validation Rules for NPS FOTSC Data, Years 2008 through 2013

Rule #

Rule Name & Description

Phase 1 Thresholds

Flagged as Invalid IF:

Final Recommendations

Flagged as Invalid IF:

1 Percent Complete Not a validation rule, but a reported statistic.

Not a validation rule, but a reported statistic.

2 Valid Days in MADW: The number of valid daily counts required for calculation of monthly average day of the week (MADW) count.

Less than 2 100%-complete days of valid counts for MADW calculation.

Less than 2 100%-complete days of valid counts for MADW calculation.

3 Valid Hours in Daily Count: The number of valid hours required for calculation of a daily count.

Less than 24 hours of valid data in a day.

Less than 24 hours of valid data in a day.

4 Consecutive Zero Values: The maximum number of consecutive zero-volume hourly counts.

For recreational locations: more than 20 consecutive zero values

For non-recreational locations:

more than 8 consecutive zero values

For recreational locations: more than 20 consecutive zero values

For non-recreational locations:

more than 8 consecutive zero values

5 Daytime Allowable Zero Values: The maximum number of zero-volume hourly counts between 7:00 a.m. and 7:00 p.m.

For recreational locations: more than 4 zero values between 7 am and 7 pm

For non-recreational locations:

more than 2 zero values between 7 am and 7 pm

This rule is not applied if daily volume is less than 200 vehicles.

For recreational locations: more than 4 zero values between 7 am and 7 pm

For non-recreational locations:

more than 2 zero values between 7 am and 7 pm

This rule is not applied if daily volume is less than 200 vehicles.

6 Consecutive Identical Non- Zero Values: The maximum number of consecutive identical non-zero values

4 or more consecutive identical non-zero count values (hourly volume values)

4 or more consecutive identical non-zero count values (hourly volume values).

(applied to hourly volume values).

This rule is not applied if daily volume is less than 200 vehicles.

This rule is not applied if hourly volumes are equal to or lower than 15.

7 Maximum Vehicles: The maximum allowable number of vehicles per hour per lane.

For recreational locations: greater than 600 vehicles per hour per lane

For non-recreational locations:

greater than 2,400 vehicles per hour per lane

For recreational locations: greater than 600 vehicles per hour per lane with these exceptions: 800 at N0404N, N0404W (lane 2 only), N2701W, N4701S (Lane 2 only), N4803E;

1,200 at N0401N; 1,400 at N4202N and N4804W (Lane 1 only)

For non-recreational locations:

greater than 2,400 vehicles per hour per lane

8 Ratio of Lane 2 to Lane 1 Counts: The maximum allowable ratio of lane 2 (passing lane) to lane 1 (right-most driving lane) counts.

For recreational locations: not recommended at any current location

For non-recreational locations:

ratio of passing lane to right-most lane more than 150%

For recreational locations: not recommended at any current location

For the following non-recreational locations:

3804: 200% for NB, 150% for SB

5301: 150% for both directions

6001: 210% for EB, 440% for WB

6002: none for NB, 150% for SB

6009: 220% for NB, 600% for SB

9 Ratio of Noon to Midnight Counts: The minimum allowable ratio of noon (12p- 1p) to midnight (12a-1a) hourly counts on the same calendar day. Only applied when noon and midnight counts are non-zero.

For recreational locations: ratio of noon to midnight count less than 1

For non-recreational locations:

ratio of noon to midnight count less than 1 OR greater than 75

This rule is not applied if daily volume is less than 200 vehicles.

For recreational locations: ratio of noon to midnight count less than 1

For non-recreational locations:

ratio of noon to midnight count less than 1 OR greater than 120.

This rule is not applied if daily volume is less than 200 vehicles.

10 Interval – Weekday: The maximum hourly percent deviation, comparing current day of week to “typical” weekday.

Not applied in Phase 1 review. Maximum Hourly Difference in Current Month: Compares each hourly count with the Monthly Average Day of Week (MADW) hourly count for current month and year. If MADW hourly count not available in current month and year, use the previous year MADW, same month. See Rule10Thresholds.xlsx for lane-specific threshold values.

11 Interval – Weekend: The maximum hourly percent deviation, comparing current day of week to “typical” weekday.

Not applied in Phase 1 review. Combined with Rule 10 – same maximum difference rule is applied individually for each day of the week.

12 Interval – Boundary Hours:

Compares a zero-volume hourly count to one or more boundary hours with a minimum threshold.

Either boundary hourly count (the hour before or after) of more than 50 vehicles adjacent to a zero-volume hourly count.

Either boundary hourly count (the hour before or after) of more than 50 vehicles adjacent to a zero-volume hourly count. The following locations use a boundary hourly count of 100 vehicles:

N0404E, N0404W, N3804N, N3804S, N4701S, N4704E, N5801E

13 Ratio of Peak Hour to Daily Count: The maximum allowable ratio of the peak hour count to the total daily count.

For recreational locations: ratio of peak hour to daily count greater than 35%

For non-recreational locations: ratio of peak hour to daily count greater than 25%

This rule is not applied if daily volume is less than 200 vehicles.

For recreational locations: ratio of peak hour to daily count greater than 35% with these exceptions:

40% at N3602N; 50% at N0801E, N2701S, N2701W, N3301N, N5801E

For non-recreational locations: ratio of peak hour to daily count greater than 25% with these exceptions: 30% at N5501S, N6003N

This rule is not applied if daily volume is less than 200 vehicles.

14 Daily Directional Split: The maximum allowable directional split for all lanes, by day.

Not applied in Phase 1 review. See Rule14Thresholds.xlsx for TMAS station-specific threshold values.

15 Hourly Directional Split: The maximum allowable directional split for all lanes, by hour.

Not applied in Phase 1 review. Not recommended for implementation. Too much variation in hourly directional splits.

16 Total Daily Count: The minimum allowable total daily count, by lane.

Daily total volume count is less than 1.

Daily total volume count is less than 1.

17 ADT vs. AADW: The total daily volume must fall within two standard deviations of the prior year’s average annual day of the week (AADW).

Not applied in Phase 1 review. Maximum Daily Difference in Current Month: Compares each daily count subtotal with the Monthly Average Day of Week (MADW) daily subtotal for current month and year. If MADW daily count not available in current month and year, use the previous year MADW, same month. See Rule17Thresholds.xlsx for lane-specific threshold values.

18 AADT Percent Difference by Lane: The maximum difference between the current AADT and the AADT from the prior year, by lane.

Not applied in Phase 1 review. Not conclusive for implementation.

If applied, use ±20% for all locations.

19 MADT Percent Difference: The maximum difference between the current MADT and the MADT from the same month, previous year.

Not applied in Phase 1 review. Not recommended for implementation.

20 Weekly versus MADT Percent Difference: The maximum difference between the current weekly average count and the MADT from the prior year and same month.

Not applied in Phase 1 review. Not recommended for implementation.

21 Site Percent Difference – AADT: Checks the current AADT against the last AADT produced for the site.

Not applied in Phase 1 review. Not conclusive for implementation.

If applied, use ±15% for all locations.

22 Site Percent Difference – Within Current Year: Maximum difference between the highest ADT and the lowest ADT for a site.

Not applied in Phase 1 review. Not recommended for implementation. Daily volumes can vary significantly throughout the year.

Appendix D Example of Traffic Count Database View to integrate with other

Management Systems – (double click on image to see enlargement)

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

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (MAR 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 2019) (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. 3805note)).

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

[Contracting Officer check as appropriate.]

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

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

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

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__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

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

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

__ (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).

__ (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 (Mar 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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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__ (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 (Mar 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 (Mar 2020) (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) (15 U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

__ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

__ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

__ (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. chapter78 and E.O. 13627).

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__ (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 Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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

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

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

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

__ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637 (d)(13)).

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

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

__ (iii) Alternate II (Feb 2006) 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.]

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

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

(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

Page 6 of 1052.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Or...

paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

(iii) 52.204-23, 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

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(xvi) 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).

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

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

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

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

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

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

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Aug 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

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(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 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).

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.2q9-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)

(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(J) 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.

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.c( apter 67).

(L) ___(1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50` (22 U.S.C. chapter 78 and E.O 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(R)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3.

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

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

(U) 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 .

Parent topic: 52.212 [Reserved]

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