A21_RFP-W90VN919R0024.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN919R0024 05-Mar-2019

b. TELEPHONE NUMBER

315-763-5686

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 04 Apr 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. CHONG, HYE-YONG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011305556

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W81F9N 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CHAPLAIN, SOLDIER MEMORIAL CHAPEL

YI, SAM SUK

CHAPLIN

APO AP 96218-5746

UNITED STATES

TEL: 764-4498 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

711130

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN919R0024

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Each Sunday Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011305556

PSC CD: G002

NET AMT

0002 55 Each Choir Rehearsals Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

FOB: Destination

0003 3 Each Special Programs Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

FOB: Destination

0004 1 Each Estimated War Hazard Losses is

FFP

Zero (0)

FOB: Destination

0005 1 Job Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31

October of each calendar year during the life of the contract in accordance with the

Performance Work Statement herein.

1001 52 Each OPTION Sunday Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

1002 55 Each OPTION Choir Rehearsals Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

1003 3 Each OPTION Special Programs Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

1004 1 Each OPTION Estimated War Hazard Losses is

FFP

Zero (0)

1005 1 Job OPTION Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31

October of each calendar year during the life of the contract in accordance with the

Performance Work Statement herein.

2001 52 Each OPTION Sunday Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

2002 55 Each OPTION Choir Rehearsals Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

2003 3 Each OPTION Special Programs Service

FFP

Non-Personal Service; As a Protestant Pianist shall perform this requirement at

Camp Carroll in accordance with Performance Work Statement.

2004 1 Each OPTION Estimated War Hazard Losses is

FFP

Zero (0)

2005 1 Job OPTION Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31

October of each calendar year during the life of the contract in accordance with the

Performance Work Statement herein.

SPECIAL NOTE

Offers from Korean contractors, US dependents and US contractors not seeking, requesting or requiring invited contractor (IC) status will be considered for award without any preferences beyond being lowest-priced and technically acceptable. The resulting contract will NOT be eligible for IC status, IAW SOFA Article XV. If no offers are received, this requirement could be re-solicited with the appropriate IC status clauses/provisions inserted, but US dependents and other US citizens already resident in Korea would not be eligible for IC status.

***To prevent delay in award of this contract, prospective contractors should immediately begin the SAM registration process by going to http://www.sam.gov.***

***US Citizens submitting an offer shall therein prominently indicate their and their sponsor’s current expected departure/PCS/DEROS date(s) or they may not be considered for award***

IAW AR 165-1, para 5.4(a) and 13.4(b), this contract will only be utilized when no military personnel (or other uniformed personnel), DoD civilians, or volunteers are available to perform these services. Use of the Contractor will be on an intermittent/temporary basis. The Contractor shall invoice only for services actually performed and the using chapel/church will actively recruit volunteers in printed literature and verbally before, during, or after religious services. The presiding chaplain/ Contracting Officer’s Representative (COR), will advise the Contractor at the end of each performance of the day if the Contractor’s services will be required for the next occasion. The Contractor shall obtain such advice prior to performing subsequent services, either from the chaplain or COR. This contract may be terminated at any time for the convenience of the government.

CONTRACT PERIOD

Contract Period of Performance CLIN

Base Year 1 May 2019 through 30 April 2020 0001and 0005

1st Option Year 1 May 2020 through 30 April 2021 1001 and 1005

2nd Option Year 1 May 2021 through 30 April 2022 2001 and 2005

*The period of performance is subject to change depending on actual date of award.

http://www.sam.gov/

PWS

PERFORMANCE WORK STATEMENT

FOR

PROTESTANT PIANIST AT CAMP CARROLL

USA GARRISON DAEGU CHAPLAIN OFFICE

1. DESCRIPTION OF SERVICES. The contractor shall provide all personnel and transportation for appropriate musical accompaniment for the weekly Protestant worship services, at Soldiers Memorial Chapel, Camp Carroll. In addition, the contractor shall provide appropriate musical accompaniment for special/seasonal events. Special events include, but are not limited to memorial or funeral services, revivals, or special/seasonal services and sacramental events (not weddings). The schedule for special events and rehearsals shall be set by the Senior

Chaplain. Crossover support and coverage to other chapels may be utilized in the execution of this contract as directed by the Chaplaincy, Resource Manager, or the USA Garrison Daegu Chaplain Office.

1.1. Services.

1.1.1. Contractor shall provide musical accompaniment services: The special seasonal services and rehearsals are dependent upon the worship calendar, and/or the schedule established by the Senior Chaplain for this service. If no service is conducted, or no rehearsals held, the contractor cannot charge for those items. Services held at other outdoor venues on regular worship Sundays are not special services or events and the contractor shall provide services at that location.

1.1.2. Contractor shall:

Provide piano accompaniment for Weekly Sunday Worship Services.

o 52 Units (1 Unit equals app. 1 hours)

Provide piano accompaniment for Weekly Choir Rehearsals.

o 55 Units (1 Unit equals app. 1 hours)

Provide piano accompaniment for Special/Seasonal Services or Events.

o 3 Units (1 Unit equals app. 1 hours)

1.1.3. Contractor shall provide a qualified replacement during times of illness, leave or vacation, or other absences.

In any circumstances the temporary replacement cannot exceed three consecutive weeks, without the express approval of the Chaplaincy Resource Manager, or the Garrison Chaplain.

1.2. Business Relations. Contractor shall partner with the Government to resolve all issues and conflicts in a timely and expeditious manner, first with the Senior Chaplain, then the Contractor Officer Representative, then the

Contracting Officer.

2. PERFORMANCE REQUIREMENTS SUMMARY (PRS). The service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective PWS

Paragraph

Performance Threshold

Provide piano musical accompaniment for worship services.

1.1.2 Perform services as specified and as

scheduled 100% of the time

Performance Objective PWS

Paragraph

Performance Threshold

Provide piano accompaniment for Weekly Choir

Rehearsals

1.1.2 Perform services as specified and as

scheduled 100% of the time

Provide piano musical accompaniment for

Special/Seasonal events as scheduled.

1.1.2 Perform services as specified and as

scheduled 100% of the time.

3. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES.

3.1. The USAG-Daegu Garrison Chaplain Office will provide all musical supplies necessary for performance of required services, to include, but not limited to, bulletins, hymnals, sheet music, and properly tuned piano or keyboard.

3.2. The USAG-Daegu Garrison Chaplain Office will provide chapel or appropriate facilities and Chaplain Assistant support during all scheduled services.

3.3. The contractor will have access to the chapel and office facilities during normal duty hours. The contractor shall coordinate for the use of the USAG-Daegu Chapels, or chapel annex, facilities or than the USAG-Daegu

Chapels, or chapel annexes, and any facility after normal duty hours or at times other than during weekly religious activities in accordance with local Standard Operating Procedures when performing Office Administration Services.

3.4. A photocopy machine will be made available for use by the contractor on a space available basis to fulfill contract requirements. Contractor shall not copy material in violation of copyright restrictions.

3.5. Contractor may suggest the purchase of additional music and resources for use with the worship service or for inclusion in the chapel music library. Contractor’s suggestions shall create no obligation of the government to purchase or pay for additional music or resources. No reimbursement will be made for items purchased by the contractor.

3.5.1. The contractor is not responsible for providing building or room access for anyone other than themselves, unless it is in direct support of this contract. The Contractor is responsible for securing doors that they have opened, or used in direct support of this contract. The Contractor is not responsible for “routine security tours” to ensure rooms and buildings are secured at the close of business. The Contractor is not responsible for unlocking room or buildings for persons or groups other than those directly in support of this contract.

3.6. Permanent or long-term changes to the date, time, and/or location of the weekly services or rehearsals shall be provided in writing by the Senior Chaplain of the service, or the Chaplaincy, Resource Manager at least 30 days prior to changes.

3.7. The Senior Chaplain, or the guest chaplain, will provide a list of service music to the contractor not later than

Thursday before noon the same week of the scheduled service.

4. SPECIAL PROVISIONS.

4.1. Contractor shall have a working knowledge of the United States military and the military family lifestyle.

Experience in military chapel programs is preferred.

4.1.1. Contractor shall have not less than two years experience as a church or chapel musician. Contractor shall demonstrate proficiency playing required instruments. Contractor shall be able to play basic hymns by ear.

Contractor shall be familiar with the basic liturgy/sequence of a General Protestant Worship Service and other protestant services requiring music. Contractor shall present a neat, well-groomed appearance during the performance of the contract.

4.1.2. Contractor shall be interviewed, auditioned, and accepted by the Senior Chaplain for this service, and approved by the Chaplaincy, Resource Manager prior to signing the contract.

4.1.3. In addition to the invoice requirements of the Defense Finance and Accounting Service, the contractor shall submit invoices for payment per contract terms. For each invoice submitted for payment the contractor shall also email the WAWF automated invoice notice directly to the Invoice / Acceptance Officer indentified below:

4.1.4. Invoice / Acceptance Officer: CH (MAJ) Kim, Taylor, Resource Manager, USA Garrison Daegu Chaplain

Office, Unit #15746, APO AP 96218-5746.

Phone: Tel. (DSN) 764-4258, (Commercial) 053-470-4258, E-mail: taylor.kim.mil@mail.mil

4.2. Quality Control. The Contractor shall employ industry standard quality control procedures in the performance of the requirements of this contract.

4.2.1. Performance Assessment. The government will periodically evaluate the contractor’s performance in accordance with the USFK Reg. 715-2.

4.3. HOURS OF OPERATION.

4.3.1. Time of Performance. Contractor shall arrive not later than 15 minutes prior to the announced start time of the specified service to be performed, and will not leave before the conclusion of the benediction/postlude of that service. Worship service is 1000-1100 on Sunday mornings. Rehearsal times may fluctuate throughout the worship year, and are based on the needs of the worship members and approved by the Senior Chaplain of the Worship

Service.

4.4. Special Qualifications.

4.4.1. Contractor shall demonstrate the ability to communicate effectively with chaplain, military personnel, volunteers, different religious groups, and government representatives in English, orally and in written format.

Contractor may have personal contact, interaction with members of all levels of the US Military in the USAG-

Daegu Community which may include General Officers, employees, supervisors, administrative staff, Soldiers and family members.

4.4.2. Contractor shall pass a background check sufficient enough for them to be authorized by the US Federal

Government to work with children when required.

4.5. Contractor Manpower Reporting:

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Ground Maintenance 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/Component's CMR website".

5. Technical Exhibit. N/A mailto:taylor.kim.mil@mail.mil

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2019 TO

30-APR-2020

N/A CHAPLAIN, SOLDIER MEMORIAL

CHAPEL

YI, SAM SUK

CHAPLIN

APO AP 96218-5746

UNITED STATES

764-4498

W81F9N

0002 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-3 Offeror Representations and Certifications--Commercial

Items

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-23 Assignment Of Claims MAY 2014

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.225-7039 Defense Contractors Performing Private Security Functions

Outside the United States

JUN 2016

252.225-7041 Correspondence in English JUN 1997

252.225-7042 Authorization to Perform APR 2003

252.225-7048 Export-Controlled Items JUN 2013

252.228-7000 Reimbursement for War-Hazard Losses DEC 1991

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7001 Tax Relief SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

ADDENDUM TO 52.212-1

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

1. Quotations shall be submitted to FBO (https://www.fbo.gov). Quotation submitted other than FBO will not be considered for award. The technical proposal for specification shall include the company name. All questions should be emailed to hyeyong.chong1.ln@mail.mil within five (5) days after the solicitation is issued. The electronic quotation shall be submitted by 1300 hours (Korean Local Time) on the closing date of RFP.

2. The quotation(s) shall include the following requirements in accordance with (IAW) Para 1 above.

3. Submittal Requirements: A rating of unacceptable for any factor or subfactor will result in technically unacceptable rating. Failure to provide documents addressed below will result in a rating of “Unacceptable”.

I. Factor A - Technical Proposal: Technical evaluation factors are equal to price.

(a) Subfactor 1 - Offeror(s) shall submit a resume meeting the qualification stated in the Paragraph 4.1.1 of PWS

(b) Subfactor 2 – Prior Experience: The Contractor must have at least two (2) years experience performing the same or similar type of experience required by the Paragraph 4.1.1 of PWS.

II. Factor B - Past Performance:

(a) The offeror shall provide past performance information on past or current contracts (including Federal/local

Government and private) for efforts that are the same or similar to the Government’s requirement. Offerors shall provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The offeror shall describe its past performance on contracts it has held which are of similar scope, magnitude, and complexity to that which is detailed in the solicitation. Data presented will be limited to two (2) pages per contract described. A maximum of five (5) references will be evaluated.

The title of the Project or Contract No for the Commercial or Government performance https://www.fbo.gov/ mailto:hyeyong.chong1.ln@mail.mil

A clear description of qualifying work experience

Length of contract/project (Year/Month/Date – Year/Month/Date)

Value of contract/project in KW for total amount

Complete POC of employer (including name, phone no, e-mail) and validating POC

(b) The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance.

III. Factor C - Prices. Price Proposal: The offeror shall complete the pricing information for each Contract Line

Item Numbers (CLIN) and Sub Contract Line Item Numbers (SLIN) as specified in the solicitation.

IV. FAR Clause 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items. The offeror shall complete 52.212-3 Alt I, paragraph (h) and (k).

V. Local Clause 5152.204-4032 – Representations and Certifications. The offeror shall complete local clause

5152.204-4032.

VI. Local Clause 5152.209-4009, Notice of Evaluation of Past Performance shall complete.

VII. Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

(End of provision FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See below Addendum to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS (OCT 2014)

In accordance with FAR 15.101-2, the Government will award a contract resulting from this solicitation to the responsible offeror submitting the lowest priced, technically acceptable offer that satisfies all terms and conditions of this solicitation.

Award will be made to the responsible Offeror submitting the Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and condition of the solicitation. Offers will be evaluated for acceptability, but not ranked using non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable”or

“unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price technical factors and subfactors.

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated

“unacceptable”.

FACTOR A – TECHNICAL PROPOSAL

(a) Subfactor 1 – Offeror(s) shall submit a resume meeting the qualification stated in the Paragraph 4.1.1 of PWS.

(b) Subfactor 2 – Prior Experience: The Contractor must have at least two (2) years experience performing the same or similar type of experience required by the Paragraph 4.1.1 of PWS.

FACTOR B - PAST PERFORMANCE: The past performance factor considers the offeror's demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. Past performance will be evaluated on an acceptable/unacceptable basis. The offerors are required to identify contracts, both commercial and Government contracts for the same or similar service. The Government may ascertain past performance information on the offeror from sources other than the contracts/ references provided.

The following ratings will be used in evaluating Past Performance:

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below)

Unacceptable Based On the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

The recency and relevancy of Past Performances will be evaluated on the contractor’s list of contracts which they have performed same or similar services relevant to this solicitation’s requirement within the last five (5) years. The offeror’s past performance will be evaluated in accordance with FAR 15.305(a)(2 based on the following processes:

(1) Review of the detailed explanation submitted by offerors, demonstrating the relevance of the references to the requirements of the solicitation.

(2) References will be contacted by phone to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

(3) The Government reserves the right to obtain past performance information from any reasonable source available, including the Past Performance Information Retrieval System (PPIRS) website http://www.ppirs.gov in order to evaluate offerors’ past performance. Also CPARs, if applicable, will be used for evaluation of the past performance.

Note: As part of the Responsibility Determination, the Contracting Officer will evaluate past performance to determine the offeror’s capability to perform the contract. Failure to provide data or lack of any performance history will not in itself be a reason for determination of non-responsibility. The Contracting Officer is not limited to the information provided. The Contracting Officer may use this data along with data obtained from other sources the

Contracting Officer determines appropriate to obtain sufficient information on the offeror’s past performance to make a responsibility determination.

FACTOR C - PRICE: Proposed price will be reviewed to ensure completeness, realism, reasonableness, and balanced to assess the offeror's understanding of the solicitation. The pricing proposals will be evaluated in accordance with FAR 15.404-1 (b). The following applies to that evaluation.

(1) Completeness. The offeror shall complete the pricing information for all CLINs/Sub-CLINs identified for base period plus two (2) options. Any underlying assumptions including proposed escalation rates between the 1st and subsequent periods shall be clearly explained.

(2) Price Realism. Price analysis in conjunction with Technical Analysis will be used to perform a Price Realism

Analysis to determine if the price is realistic for the work to be performed. The proposal will be evaluated using price analysis techniques to determine whether the proposal reflects a thorough understanding of the Performance

Work Statement (PWS), and whether the price proposed is realistic for the work to be performed and is consistent with approaches described in the technical proposals. Price proposals, which are unrealistically low, will be deemed reflective of a failure to comprehend the complexity and risk of the proposed contractual requirement and may be grounds for rejection of the proposal.

(3) Price Reasonableness. Price should also reflect fair market value and be reasonable when compared to the independent Government estimate, current market prices for same or similar services and/or when compared among other technically acceptable offerors.

(4) Unbalanced Pricing. As part of the price evaluation, proposals will be reviewed to identify any unbalanced pricing. IAW FAR 15.404-1(g)(3), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

Note: The Government will examine price proposals for artificially low unit prices. Offers found to be unreasonably high, unrealistically low (an indication of “buy-in”), or unbalanced, may be considered unacceptable and may be rejected on that basis.

(5) Price is not scored. The Government will review the price proposal to determine the extent to which it is realistic, reasonable, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the effective period of five (5) years from the date of award. Price must include all CLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussions.

Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

FAR Clause 52.217-8 Option to Extend Services.

http://www.ppirs.gov/

(a) As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 -

Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price.

Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, and one-half of the 2nd option. Offerors are required only to price the base and two (2) options. Offerors shall not submit a price for the potential one-half year extension of services period.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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.)

___ (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. 6101 note).

____ (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 (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).

____ (iii) Alternate II (NOV 2011).

____ (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 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) 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 (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

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

__X__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

__X__ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

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

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on 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).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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® 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® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

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

____ (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)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (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.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (49) 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).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

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

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(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.)

_____ (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) (E.O. 13658).

_____ (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 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) 52.219-8, 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.

(v) 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.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans…