W52P1J-16-R-0013_Arifjan_Power_Purchase_Agreement_(AJ-PPA).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror To Complete Block 12, 17, 23, 24, & 30

1. Requisition Number Page Of

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

7. For Solicitation Information Call:

A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time

9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program

Hubzone Small Business EDWOSB

Service-Disabled Veteran-Owned Small Business NAICS:

Email: 8(A) Size Standard:

11. Delivery For FOB Destination Unless Block Is Marked

12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating

See Schedule 14. Method Of Solicitation RFQ IFB RFP

15. Deliver To Code 16. Administered By Code

Telephone No.

17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code

Telephone No.

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 See Addendum

19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

(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 _________ 29. Award Of Contract: Ref. Offer 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.

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

Authorized For Local Reproduction Previous Edition Is Not Usable

Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212

W52P1J-16-R-0013

DANIEL C. CUTLER (309)782-4992

DANIEL.C.CUTLER2.CIV@MAIL.MIL

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

X

221118

X

X DOC9

X

SEE SCHEDULE

SEE SCHEDULE

X X

X 1

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19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

32a. Quantity In Column 21 Has Been

Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________

32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative

32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative

32g. E-Mail of Authorized Government Representative

33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final

38. S/R Account No. 39. S/R Voucher Number 40. Paid By

41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)

42c. Date Rec’d (YY/MM/DD) 42d. Total Containers

Standard Form 1449 (Rev. 2/2012) Back

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

Buyer Name: DANIEL C. CUTLER

Buyer Office Symbol/Telephone Number: CCRC-R/(309)782-4992

Type of Contract 1: Firm Fixed Price

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE A0002 ***

1. REQUEST FOR PROPOSAL: The U.S. Army Contracting Command Rock Island requests your proposal to provide power in support of Zone 6, Camp Arifjan Kuwait through a Power Purchase Agreement. The Contractor shall provide firm fixed prices as specified in Attachment 0008, Pricing Matrix. All costs associated with the establishment of a power distribution system (PDS), labor required to support and maintain the PDS after contract award, and all equipment, materials, and supplies, necessary to perform the requirements described herein should be included in the range pricing established at Attachment 0008. The Government will pay for actual power consumption at the awarded range pricing once full power has been established and after completion of the Transition-in phase. There will not be any guaranteed minimum monthly charge.

2. SOLICITATION INFORMATION:

2.1. This Request for Proposal (RFP) is issued on an unrestricted, full and open competition basis. The Government intends to award one contract consisting of a base year (which includes a 90 day transition period), four (4) one year evaluated options, and up to 6 months in accordance with (IAW) FAR 52.217-8, Option to Extend Services. The period of performance is as follows:

Base Period includes 90 day transition:

Transition Period: 16 December 2016 to 15 March 2017

Base Period: 16 December 2016 to 15 December 2017

Option Year 1: 16 December 2017 to 15 December 2018

Option Year 2: 16 December 2018 to 15 December 2019

Option Year 3: 16 December 2019 to 15 December 2020

Option Year 4: 16 December 2020 to 15 December 2021

2.2. The basis for award will be Lowest Price Technically Acceptable (LPTA). The Technical factors are Technical Capability, Quality

Control Plan, Management Plan and Environmental Compliance Plan. The Technical Factors and sub-factors will be evaluated on an

Acceptable/Unacceptable basis. If an offeror fails to achieve an Acceptable rating on any factor, it will receive an Unacceptable rating for the Technical Factor and will not receive further consideration for award. Offerors receiving an overall Acceptable rating on the

Technical Factor will then be evaluated on Price. Proposals must be submitted IAW the instructions to offerors provided in Attachment

0002 of the solicitation. Award will be made IAW Evaluation of Offerors provided in Attachment 0003 of the solicitation.

2.3 Offerors shall provide all labor, equipment, supplies and materials to provide power to support the Zone 6, Camp Arifjan load demand. All costs for performance of this effort shall be included in the overall Firm Fixed Unit Price per KWH usage CLIN.

There is no guaranteed minimum monthly charge for power usage from the PDS. Contractor shall bill for actual power consumption only.

2.4 Offerors shall complete the Pricing Matrix at Attachment 0008 in lieu of filling in Section B in this solicitation to be considered for award.

2.5. The estimated date of award will be 16 December 2016 to allow for the 90 day transition period. Award will be made on an all or none basis.

COMBATING TRAFFICKING IN PERSONS. The United States Government has stringent rules in place to ensure Trafficking in Persons does not occur on USG contracts.

Proposals are to be submitted in U.S. Dollars.

Digital Signatures: The Government may choose to use Digital Signatures generated from a Common Access Card. This has the same legal affect and binding authority as a hand signature.

3. ADDITIONAL SOLICITATION INFORMATION:

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PIIN/SIIN MOD/AMD

3.1. The Government anticipates price competition; therefore, cost data is not required to be submitted with the offeror's proposal.

However, the Government reserves the right to request cost data if necessary for a fair and reasonable price determination.

3.2. Offerors are cautioned to ensure their proposals are fully complete, including all fill-ins and blanks in the solicitation.

3.3. Subject to Availability of Funds. This solicitation is issued subject to availability of current year funding (reference FAR 52.232-

18, Availability of Funds). This solicitation is not currently funded. The basic contract and the contract option years if exercised will be subject to the availability of funds at the time of award. In addition, incremental funding may be used for this procurement reference FAR 52.232-22, Limitation of Funds).

3.4. Any offeror submitting a proposal agrees by submission that their proposal and the prices contained therein will be valid for 90 days after issuance.

3.5 Pre-deployment Requirements: The Contractor shall ensure all pre-deployment requirements are met prior to deploying personnel to

Kuwait IAW DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, and the PWS.

COMPLIANCE WITH LAWS AND REGULATIONS

4. The Contractor shall comply with, and shall ensure that its personnel and its subcontractors and subcontractor personnel at all tiers obey all existing and future U. S. and Host Nation laws, Federal or DOD Regulations, and Central Command orders and directives applicable to personnel in Kuwait, including but not limited to United States Central Command (USCENTCOM), Multi-National Force and

Multi-National Corps fragmentary orders, instructions and directives.

5. SPONSORSHIP: The Contractor shall obtain local sponsorship as required for all personnel for the purpose of providing in-country legal representation, work visas and resolution of other personal business or domestic matters, in compliance with host nation labor laws. The Contractor shall be responsible for performing employment background/record checks on all Contractor employees, to include

Third Country Nationals (TCN)/Foreign Nationals (FN). The Government may also perform a background/records check on Contractor employees. The Contractor shall not allow employees to perform duties under this contract if the check reveals sufficient derogatory information to consider that employee unfit for work in support of this contract. The Contractor shall not allow any employee who has possession of or who is under the influence of alcohol or other illegal substances to perform work. The Contractor shall comply with

ASGKU (Kuwait) camp access policy.

MILITARY EXTRATERRITORIAL JURISDICTION ACT (MEJA)

(18 USC 3261-3267):

Per the MEJA Act, the Contractor and all subcontractors at any tier shall provide the below notification to all employees, following notification of contract award, in the following information and ensure it is understood by each employee. The Contractor shall report compliance with this clause to the Contracting Officer following contract award and upon request. The Contractor shall respond to requests for reports on compliance with this clause in the manner and with such content as is specified by the contracting officer at no further cost to the government. The contractor, and all subcontractors at any tier, is responsible for providing each employee with the below notification by actions sufficient to ensure all employees have received and understood the notification by actions including, but not limited to, providing the notification and obtaining a written acknowledgement of the notification by each employee, posting the notification in a conspicuous place frequented by its employees as well including the below notice in employee manuals or employment information. Employees who are not literate (who cannot read) shall have this notification read to them in a language understood by such employee. The below notification will be provided during employee training and any briefings provided to contractors employees and subcontractor employees at any tier no later than ten days after being hired for this contract or arrival in the foreign country in which they will be assigned, employed, by or accompanying the US Armed Forces, or residing as a dependent. The contractor shall maintain a copy of each employees written acknowledgement of receipt of the notification and shall provide the same upon request by the contracting officer. The contractor shall comply with all notification requirements of DoD Instruction 5525.11, Criminal Jurisdiction over Civilians Employed By or Accompanying the Armed Forces outside the United States, Certain Service Members, and Former Service

Members. In the event of conflict between DoDI 5525.11 or any applicable U.S. military regulations, DoDI 5525.11 and/or applicable U.S.

military regulations or orders will control over this clause. The notification referenced above is as follows: Notification: Under the

Military Extraterritorial Jurisdiction Act (MEJA) (18 USC 3261-3267), persons employed by or accompanying the U.S. Armed Forces outside the United States are potentially subject to prosecution for certain criminal acts, including such acts occurring outside the United

States. MEJA applies only to those crimes punishable by imprisonment for more than one year if committed within United States jurisdiction. The law applies to individuals accompanying a contractor for the US armed forces, which may include a dependent of a DOD contractor or subcontractor employee. This law authorizes DOD law enforcement personnel to arrest suspected offenders in accordance with applicable international agreements and specifies procedures for the removal of accused individuals to the US. It also authorizes pretrial detention and the appointment of counsel for accused individuals. See Army Field Manual 3-100.21,Contractors on the Battlefield and DoD Instruction 5525.11, Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces Outside the United

States, Certain Service Members, and Former Service Members.

6. PERSONAL RECOVERY TRAINING: Requirements for Personal Recovery (PR)/Survival, Evasion, Resistance and Escape (SERE)/Isolated

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Preparation Report (ISOPREP).

6.1. Personal Recovery (PR) requirement is for all U.S. nationals deploying or deployed contractor personnel. Please note, this training is currently only required for U.S. National contractor personnel deploying within this Area of Operation (AOR). It is important to understand that this requirement applies to all U.S. National contractor personnel who work for the prime or any of the subcontract tier levels on this procurement. This training will be required to be taken annually.

6.2. In accordance with DODD 2310.2 Personnel Recovery, DA Policy-AR 350.1 and HQ AMC Policy (dated 31 Mar 05), Personnel Recovery

Training is a mandatory pre-deployment theater entrance training and certification requirement for this contract. The Contractor is required, for all U.S. National employees, to provide instruction and assurance of certification/compliance with the following DoD, DA and HQ AMC PR Training:

6.2.1. Personnel Recovery Tactics, Techniques, and Procedures (TTPs) Briefing.

6.2.2. COCOM/Kuwait Specific/special instructions (SPINS) briefings identifying geographic, environmental, and socio/political aspects of the Kuwait AOR.

6.2.3. Anti-Terrorism-Force Protection (AT/FP Level I) Training.

6.2.4. Survival, Evasion, Resistance and Escape (SERE) Level B Training.

6.2.5. Civilian ISOPREP Card

6.2.6. Registration in CIVTRACKS

6.3. The Contractor shall provide documentation of the PR training on a reporting basis with the Army Contracting Command, Rock Island.

Notification, frequency, and point of contact information will be provided upon contract award with a company employing U.S. Nationals.

The required documentation shall include: employee name, social security number, date of training, work location, estimated arrival and departure date.

7. MARKING PROPRIETARY INFORMATION: All records, files, reports and data deemed proprietary by the Contractor shall be clearly marked in accordance with applicable laws, regulations, and clauses within this solicitation. The Contractor shall be required to identify specific portions of the records, files, reports and data that it considers proprietary by circling, underscoring, highlighting, or other appropriate identifiers, as required by, or in addition to, applicable laws, regulations, or clauses in this contract. Data not properly marked will be considered non-compliant to solicitation requirements and may be rejected under inspection and acceptance clauses of this solicitation. Data delivered for any purpose is presumed to be properly marked, and as such, rejection of improperly marked data may occur at any time upon discovery by the Contracting Officer that such data has been mislabeled or improperly marked.

8. INSTALLATION SECURITY/ACCESS/BADGING REQUIREMENTS: Badging and access requirements for Army Posts in Kuwait will require coordination with the Administrative Contracting Officer (ACO) or the Contracting Officer Representative (COR) responsible for contract oversight at applicable location (See attachments 0009, 0010, 0011, 0012). The aforementioned attachments are for reference only and it is the contractors responsibility for ensuring compliance to Camp Arifjan badging/access requirements.

9. TRAFFIC VIOLATIONS: In accordance with a bilateral agreement between the United States and the State of Kuwait, the U.S. Government will not pay traffic fines or other legal fees, criminal in nature; as this is a form of punishment under Host Nation Law. If violations of Host Nation Law occur, written notices, legal documentation, tickets, etc. will be used by the U.S. military as evidence against the personnel involved. In addition, the U.S. government will not reimburse the Contractor for any traffic fines (to include parking tickets).

10. This RFP should not be discussed with any Government employee except the Contracting Officer, Ms. Lorrie L. Schmidt, or her representative, Mr. Daniel Cutler. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of any award resulting from this competitive acquisition.

11. It is requested that all questions from industry be submitted no later than 7 days after issuance of this solicitation. This date takes precedence over any date specified Federal Business Opportunities (FedBizOpps) website. No additional questions will be accepted after this deadline. Comments and/or questions should be submitted by the use of attachment 0013 Q_A Response Spreadsheet and directed to Mr. Daniel Cutler by email to Daniel.c.cutler2.civ@mail.mil, and to Ms. Lorrie L. Schmidt by email to lorrie.l.schmidt.civ@mail.mil.

Please indicate the RFP number, W51P1J-16-R-0013 in the subject line.

12. This executive summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the solicitation in any way. Any inconsistencies between this executive summary and other solicitation provisions shall be resolved in the favor of the other solicitation provisions.

13. 52.242-4591 (ACC-RI), CONTRACTOR PERFORMANCE INFORMATION, DEC/2005. The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS

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5142.1503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) Performance meets contractual requirements and exceeds many to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good (Purple) Performance meets contractual requirements and exceeds some to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory (Green) Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal (Yellow) Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractors proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory (Red) Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractors corrective actions appear or were ineffective.

The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-

90.

14. ADDENDUM: All clauses, except for the commercial clauses at FAR 52.212-1, FAR 52.212-2, FAR 52.212-3, FAR 52.212-4 and FAR 52.212-5 are incorporated into this RFP as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE A0001 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 AJ POWER PURCHASE AGREEMENT

Pricing is to be provided on the pricing spreadsheet at attachment 008.

(End of narrative A001)

0001AA POWER CONSUMPTION 1 LO $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2017

0002 AJ POWER PURCHASE AGREEMENT

0002AA CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2017

1001 AJ POWER PURCHASE AGREEMENT

Pricing is to be provided on the pricing spreadsheet at Attachment 008.

(End of narrative A001)

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

1001AA POWER CONSUMPTION 1 LO $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2018

1002 AJ POWER PURCHASE AGREEMENT

1002AA CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2018

2001 AJ POWER PURCHASE AGREEMENT

Pricing is to be provided on the pricing spreadsheet at Attachment 008.

(End of narrative A001)

2001AA POWER CONSUMPTION 1 LO $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2019

2002 AJ POWER PURCHASE AGREEMENT

2002AA CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2019

3001 AJ POWER PURCHASE AGREEMENT

Pricing is to be provided on the pricing spreadsheet at Attachment 0008.

(End of narrative A001)

3001AA POWER CONSUMPTION 1 LO $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2020

3002 AJ POWER PURCHASE AGREEMENT

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

3002AA CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2020

4001 AJ POWER PURCHASE AGREEMENT

Pricing is to be provided on the pricing spreadsheet at Attachment 0008.

(End of narrative A001)

4001AA POWER CONSUMPTION 1 LO $ ** NSP ** ____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2021

4002 AJ POWER PURCHASE AGREEMENT

4002AA CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: AJ POWER PURCHASE AGREEMENT

CLIN CONTRACT TYPE:

Firm Fixed Price

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

REL CD QUANTITY DATE ________ ______________ __________

001 1 15-DEC-2021

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DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE C0001 ***

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.237-4511 CONTRACTOR MANPOWER REPORTING MAY/2013

(ACC-RI)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Arifjan Power Purchase Agreement (PPA) via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on

"Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs

October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components CMR website".

(End of Statement of Work)

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INSPECTION AND ACCEPTANCE

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE E0001 ***

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG/1996

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DELIVERIES OR PERFORMANCE

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE F0001 ***

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.242-15 STOP-WORK ORDER AUG/1989

2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

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CONTRACT ADMINISTRATION DATA

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE G0001 ***

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS MAY/2013

(a) Definitions. As used in this clause--

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

-1-

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

-2-

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC -3-

Issue By DoDAAC -4-

Admin DoDAAC -5-

Inspect By DoDAAC -6-

Ship To Code -7-

Ship From Code -8-

Mark For Code -9-

Service Approver (DoDAAC) -10-

Service Acceptor (DoDAAC) -11-

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Accept at Other DoDAAC -12-

LPO DoDAAC -13-

DCAA Auditor DoDAAC -14-

Other DoDAAC(s) -15-

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email

Notifications" field of WAWF once a document is submitted in the system.

-16-

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

-17-

(2) For technical WAWF help, contact the WAWF helpdesk at 866-

618-5988.

(End of clause)

15 46

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CONTRACT CLAUSES

The following provisions are incorporated in this Request for Proposal as an addendum to FAR 52.212-1 Instructions to Offerors.

*** END OF NARRATIVE I0001 ***

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.203-3 GRATUITIES APR/1984

2 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010

3 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

4 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN/2011

5 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY/2015

7 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015

8 52.222-26 EQUAL OPPORTUNITY APR/2015

9 52.222-29 NOTIFICATION OF VISA DENIAL APR/2015

10 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY/2011

11 52.223-10 WASTE REDUCTION PROGRAM MAY/2011

12 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) JUL/2014

13 52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS FEB/2013

14 52.232-1 PAYMENTS APR/1984

15 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB/2002

16 52.232-11 EXTRAS APR/1984

17 52.232-17 INTEREST MAY/2014

18 52.232-18 AVAILABILITY OF FUNDS APR/1984

19 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984

20 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

21 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION APR/1984

22 52.237-3 CONTINUITY OF SERVICES JAN/1991

23 52.242-13 BANKRUPTCY JUL/1995

24 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC/1991

25 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

26 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

27 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL DEC/2012

28 252.204-7000 DISCLOSURE OF INFORMATION AUG/2013

29 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

30 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT FEB/2014

31 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR DEC/2015

REPORTED CYBER INCIDENT INFORMATION

32 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2015

33 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

34 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

35 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE OCT/2015

GOVERNMENT OF A TERRORIST COUNTRY

36 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) JUN/1997

37 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC AND SEP/2014

HAZARDOUS MATERIALS--BASIC

38 252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES JUN/2005

39 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE OCT/2015

THE UNITED STATES

40 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997

41 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

42 252.228-7003 CAPTURE AND DETENTION DEC/1991

43 252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES JUN/1997

44 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS JUN/2012

45 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) JUN/1997

46 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

47 252.233-7001 CHOICE OF LAW (OVERSEAS) JUN/1997

48 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL JUN/2013

49 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

50 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

51 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013

52 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR JUN/2016

EXECUTIVE ORDERS--COMMERCIAL ITEMS

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

(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:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (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 (Oct 2015) (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 (Oct 2015) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

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

___ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved]

___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011) of 52.219-6.

___ (iii) Alternate II (Nov 2011) of 52.219-6.

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

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

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

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

___ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)).

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

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

___ (iv) Alternate III (OCT 2015) 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--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)

(15 U.S.C. 637(m)).

___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec

2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Oct

2015)(38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb

2016)(38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as 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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.

13693).

___ (38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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___ (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[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

___ (45) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (46)(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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (48) 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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

_X__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (54) 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).

_X__ (55) 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration (Jul 2013)(31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (58)(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:

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

___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option

Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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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) (Executive Order 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

___ (10) 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 Contractors 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.

(iii) 52.222-17, Nondisplacement…