Solicitation_W911N2-17-Q-0040.pdf

SEE ADDENDUM

(No Collect Calls)

W911N2-17-Q-0040 01-Jun-2017

b. TELEPHONE NUMBER

717-267-8714

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 30 Jun 2017

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.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ALLEN G. MILLER JR.

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

0 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

SEE SCHEDULE

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

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 W91FVA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF INDUSTRIAL OPERATIONS

CHRISTOPHER RAY

LETTERKENNY ARMY DEPOT, BUILDING 389

CHAMBERSBURG PA 17201

TEL: 717-2679762 FAX:

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541380

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 OF33

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.

W911N2-17-Q-0040

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

SEMIANNUAL CALIBRATION OF OVENS

FFP

CALIBRATION OF 17 EA. INDUSTRIAL OVENS AND FURNACES

LOCATED IN BLDG'S 370 and 350, CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC706900SM

MILSTRIP: W25G1Q706900SM

PURCHASE REQUEST NUMBER: W25G1Q706900SM

NET AMT

0002 2 Each

CALIBRATE MAGNETIZER

FFP

CALIBRATIO OF MAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC7111041R

MILSTRIP: W25G1Q7111041R

PURCHASE REQUEST NUMBER: W25G1Q7111041R

0003 2 Each

CALIBRATE DEMAGNETIZER

FFP

CALIBRATION OF DEMAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC7111041U

MILSTRIP: W25G1Q7111041U

PURCHASE REQUEST NUMBER: W25G1Q7111041U

0004 1 Each

CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR SHALL COMPLETE CONTRACTOR MANPOWER

REPORTING IN ACCORDANCE WITH THE PWS/

FOB: Destination

NSN: AASSVC7111041X

MILSTRIP: W25G1Q7111041X

PURCHASE REQUEST NUMBER: W25G1Q7111041X

1001 2 Each

OPTION SEMIANNUAL CALIBRATION OF OVENS

FFP

CALIBRATION OF 17 EA. INDUSTRIAL OVENS AND FURNACES

LOCATED IN BLDG'S 370 and 350, CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC706900SM

1002 2 Each

OPTION CALIBRATE MAGNETIZER

FFP

CALIBRATIO OF MAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC7111041R

1003 2 Each

OPTION CALIBRATE DEMAGNETIZER

FFP

CALIBRATION OF DEMAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

NSN: AASSVC7111041U

1004 1 Each

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR SHALL COMPLETE CONTRACTOR MANPOWER

REPORTING IN ACCORDANCE WITH THE PWS/

FOB: Destination

NSN: AASSVC7111041X

2001 2 Each

OPTION SEMIANNUAL CALIBRATION OF OVENS

FFP

CALIBRATION OF 17 EA. INDUSTRIAL OVENS AND FURNACES

LOCATED IN BLDG'S 370 and 350, CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

2002 2 Each

OPTION CALIBRATE MAGNETIZER

FFP

CALIBRATIO OF MAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

2003 2 Each

OPTION CALIBRATE DEMAGNETIZER

FFP

CALIBRATION OF DEMAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

2004 1 Each

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR SHALL COMPLETE CONTRACTOR MANPOWER

REPORTING IN ACCORDANCE WITH THE PWS/

FOB: Destination

3001 2 Each

OPTION SEMIANNUAL CALIBRATION OF OVENS

FFP

CALIBRATION OF 17 EA. INDUSTRIAL OVENS AND FURNACES

LOCATED IN BLDG'S 370 and 350, CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

3002 2 Each

OPTION CALIBRATE MAGNETIZER

FFP

CALIBRATIO OF MAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

3003 2 Each

OPTION CALIBRATE DEMAGNETIZER

FFP

CALIBRATION OF DEMAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

3004 1 Each

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR SHALL COMPLETE CONTRACTOR MANPOWER

REPORTING IN ACCORDANCE WITH THE PWS/

FOB: Destination

4001 2 Each

OPTION SEMIANNUAL CALIBRATION OF OVENS

FFP

CALIBRATION OF 17 EA. INDUSTRIAL OVENS AND FURNACES

LOCATED IN BLDG'S 370 and 350, CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

4002 2 Each

OPTION CALIBRATE MAGNETIZER

FFP

CALIBRATIO OF MAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

4003 2 Each

OPTION CALIBRATE DEMAGNETIZER

FFP

CALIBRATION OF DEMAGNETIZER. CONTRACTOR SHALL PERFORM

SEMIANNUAL, ON-SITE CALIBRATIONS.

FOB: Destination

4004 1 Each

OPTION CONTRACTOR MANPOWER REPORTING

FFP

CONTRACTOR SHALL COMPLETE CONTRACTOR MANPOWER

REPORTING IN ACCORDANCE WITH THE PWS/

FOB: Destination

SOLICITATION NOTES

1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors shall be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered.

Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database shall remain active.

2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database shall remain active and can be accessed at https://www.sam.gov/portal/public/SAM/.

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 10 calendar prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Officer for this action is Kristin Robson, kristin.e.robson.civ@mail.mil

4. Award without Discussions: The Government intends to award without discussions, offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.

5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.

7. Period for Acceptance of Offers: The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

8. Set- Aside: The proposed contract is 100% set-aside for small business concerns.

9. FOB Destination: Unless otherwise stated in the solicitation, Offerors shall provide FOB Destination prices.

10. Period of Performance: The Period of Performance indicated in the solicitation is estimated and will be adjusted to coincide with the actual award date.

11. Contact Information: A Contracting Officer's Representative (COR) will be appointed at the time of award. The successful Offeror will be furnished the COR name and contact information at the time of contract award.

12. Wage Determination: 2015-4253 Revision 2 dated 03/22/2017 and is hereby incorporated. Wage Determination can be viewed at http://www.wdol.gov.

13. Site Visit: A site visit is scheduled for 08 June 2017 at 10:00 AM Eastern Daylight Time. Site visit attendance is urged but is not mandatory; however, failure to attend a site visit shall not be a reason for price increases to the contract after contract award. Submit the names of all attendees to Contract Specialist Allen Miller, allen.g.miller6.civ@mail.mil This site visit will include access to restricted/classified areas. In order to obtain access, attendees must provide the following information – Name, date of birth and social security number. Submit this information no later than 06 June 2017, NLT 4:00 PM Offerors who do not submit this information will not be given access to the site. All attendees will meet at Building 2S, Directorate of Contracting, 1 Overcash Avenue, Letterkenny Army Depot, Chambersburg, PA. Offerors are required to obtain a visitor’s pass from the Main Gate prior to arriving at Building 2S. Please allow at least 45 minutes for this process. You must provide a current picture identification, vehicle registration and proof of insurance to obtain a pass.

14. Insurance (Fixed Price): Pursuant to the requirements of FAR clause 52.228-5 Insurance-Work on a Government Installation, the contractor shall obtain and maintain at least the following kinds of insurance and minimum liability coverage during any period of contract performance:

a. Workmen's Compensation and occupational disease coverage as required by law except that, if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen's Compensation Insurance shall extend to cover employers' liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. Comprehensive General Liability Insurance in the minimum limit of $500,000 per occurrence for bodily injury liability.

c. Comprehensive Automotive Liability Insurance with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury, and a minimum limit of $200,000 per occurrence for property damage.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

CALIBRATION OF OVENS, MAGNETIZER, AND DEMAGNETIZER EQUIPMENT.

1.0 General:

1.1 Scope: This statement of work is for the purchase of a service contract for the calibration of ovens, magnetizer, and demagnetizer equipment at Letterkenny Army Depot. The Contractor shall furnish supervisory, administrative, and direct personnel to perform on-site, semiannual calibration of about 17 each industrial ovens, 1 each magnetizer and 1 each demagnetizer, all located in different industrial areas and buildings throughout Letterkenny Army Depot.

1.2 Background: Letterkenny Army Depot (LEAD) develops and delivers materiel readiness for Air Defense forces of the United States and its international partners and builds combat power for combined and joint route clearance operations worldwide. LEAD is a data-driven, metrics-based organization that is ISO 9001 and 14001 registered, OHSAS 18001 registered, and VPP Star Certified.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and four 12-month option years. The Period of Performance reads as follows:

1.3.1 Base Year: 01 Aug 2017 to 31 Jul 2018

1.3.2 Option Year One: 01 Aug 2018 to 31 Jul 2019

1.3.3 Option Year Two: 01 Aug 2019 to 31 Jul 2020

1.3.4 Option Year Three: 01 Aug 2020 to 31 Jul 2021

1.3.3 Option Year Four: 01 Aug 2021 to 31 Jul 2022

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the QC Plan, the contractor shall obtain the KO’s (KO) acceptance in writing of any proposed changes to its QC system.

1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.3.3 President’s Day: Third Monday in February

1.4.3.4 Memorial Day: Last Monday in May

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: Second Monday in October

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day: Third Thursday in November

1.4.3.10 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 06:30 - 1600, Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The contractor will be expected to provide on-site, semi-annual calibration services throughout Letterkenny Army Depot. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.5 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes. Performance of work will require limited access to classified information or equipment. DD 254, DoD Contractor Security Classification Specification, is required. The Contractor shall have an escort at all times inside of Bldg. 370 and shall not perform site visits to either Bldg. 350 or Bldg. 37 without first coordinating with the COR.

1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.5.2 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5.3 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5.4 OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.6 Special Qualifications: None.

1.4.7 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.9 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.4.10 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Biweekly a total of 80 hours, Monday thru Friday the first week and Monday thru Thursday the second week, complying to the Government’s work schedule unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan

QC Quality Control QCP Quality Control Program TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: LEAD will provide clear access to the equipment to be serviced.

3.2 Equipment: None

3.3 Materials: None

3.4 Services: None

3.5 Utilities: All utilities in the facility, such as electrical power for the use of hands tools, will be available for the contactor’s use in the performance of this contract.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E): Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall provide all labor, material, parts, tools, services and equipment to perform the following:

5.1 ON-SITE, SEMI-ANNUAL CALIBRATION: The Contractor shall provide on-site, semi-annual calibration of all of the following oven, magnetizer, and demagnetizer equipment listed in Appendices A, B and C.

5.1.1 HEATING AND COOLING CHAMBERS (OVENS) TESTING AND CALIBRATION: Heating & Cooling Test Chambers shall be calibrated in accordance with the OEM manufacturer’s published specifications. The contractor shall provide calibrations which include making adjustments to the individual proportional–integral– derivative (PID) controllers, and certifying the accuracy of each oven and its controller. The contractor shall perform a functional test on the chamber to assure its proper operation and ability to hold temperatures at the prescribed set point. These functional tests shall require the contractor to start the test chamber, initiate a temperature program within the controller and ramp up or down the process and measure the process variable at the control point. The Contractor shall perform a five cardinal point calibration to test at the 0%, 25%, 50% 75%, and at 100% of the input ranges. The Contractor shall not only test for accuracy but for instrument linearity and hysteresis as well. The Contractor shall document these cardinal points and calculate the average accuracy based on the five point readings.

Many of the test chambers are compartmentalized which require the placement of multiple thermocouples and sensors.

5.1.2 MAGNETIZER AND DEMAGNETIZER TESTING AND CALIBRATION: This service shall include the calibration of the 6000 ampere 3 Phase FWDC magnetizing current capability at the contacts. The Contractor shall include the inspection of the Magnetizer and De Magnetizer units, and testing of the proper operation of the Microprocessor controller with RS-232 port and digital process readout.

5.2 CALIBRATION CERTIFICATION: A certification sticker/tag shall be provided for each device to the Contracting Officer’s Representative (COR) or placed on the machine once proper calibration is completed. The calibration sticker will show the date of calibration and the due date for the next calibration.

5.3 CALIBRATION NOTIFICATION: Immediately upon completion of scheduled calibration(s), the Contractor shall provide the COR with a notification of actions taken. This may come in the form of a phone call, email, or written report, as requested by the COR. The Contractor shall include all applicable readings, measurements, data points and/or recommendations for maintenance in their notification to the COR.

5.4 The Contractor shall provide trained and certified service representatives.

5.5 The Contractor shall supply all tools and machinery required to complete the services outlined in this PWS.

5.6 Government personnel will monitor the Contractor’s performance by physical inspection, review of reports/documentation and validated customer complaints.

5.7 CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract.

The contractor shall completely fill in all the information in the format using the following web address https://armycmra.dmdc.osd.mil/default.aspx?ReturnUrl=%2f. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub- Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

29 CFR 1925 Safety and Health Standards for Federal Service Contracts 29 CFR 1910 Occupational Safety and Health Standards (Copies may be obtained at www.osha.gov)

LETTERKENNY ARMY DEPOT (LEAD)

LEAD-R 385-1 Safety and Occupational Health Program (Copies may be obtained from LEAD Directorate of Contracting, Bldg. 2)

LEAD-P 385-4

Requirements for Security, Safety, and Fire Prevention for Contractors Performing Work on LEAD

AR 385-10

The Army Safety Program

APPENDIX A

LIST OF OVENS FOR CALIBRATION

LEAD # LOCATION

MANUFAC-

TURER

SERIAL # MODEL # RANGE

01305 Bldg. 370, Powder

Coating Room Grieve 411364 B3-650

0 to

R6180 Bldg. 370, Dip Tank Grieve 82334A0105 WRH6106-500 0 to

L6933 Bldg. 370, Potting

Harness Gruenberg 13840 T45H960SS

0 to

O7392 Bldg. 370,j

244M/Calibration Room Tenney 27610-12 TJR

-25 to

R9000 Bldg. 370, Chassis Test

Area Cincinnati MC0728035

MC-3,33-,33-

H/AC

-85 to

S2961 Bldg. 370, HIMARS area Cincinnati ZPO741470

ZPHS(HP)-32-20-

20-S/WC

-40 to

S1989 MLRS area Lindberg Blue W17T-

520785-WT

MO1440A-1

0 to

S0617 Bldg. 370, Cable

Harness Area Cincinnati ZPO 731360

ZPS-643535

SC/AC

-40 to

T4719 Bldg. 370, Cable

Harness Area Cincinnati 09-VT-14939 VTS 3066 SC/AC

-40 to

G7994 Bldg. 370, 2nd Floor, DITMCO Test Area

Despatch 148678 PRD2-12-1E 0 to

N/A Bldg. 370, Motor Room Quincy Lab A4-2674 40AF 0 to

R0409 Bldg. 370, CCA Tenney E32N 74E -100 to

R0408 Bldg. 370, CCA Associated 6504 FK5116 N/A

R5520 Bldg. 37, Generator Area Grieve 81865A1104 WRH666-750 0 to

T3446 Bldg. 350, Machine

Shop Annex Thermcraft 1111365/4

FBM-12-12-12-1S-

DUAL-J11365/4A

N/A

T3445 Bldg. 350, Machine

Shop Annex Thermcraft 1111365/1

FBM-18-30-36-1S-

DUAL-J11365/1A

N/A

T3115 Bldg. 350, NDT Area Gould-Bass 116009 D-306SR 0 to

APPENDIX B

LIST OF MAGNETIZER FOR CALIBRATION

TURER

SERIAL # MODEL # RANGE

O3993 Bldg. 350, NDT Area Magnaflux 97069 D-990LR N/A

APPENDIX C

LIST OF DEMAGNETIZER FOR CALIBRATION

TURER

SERIAL # MODEL # RANGE

R4147 Bldg. 350, NDT Area Magweks 040405 FM-2630X N/A

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph Task Performance Standard Acceptable Quality

Levels (AQL) Surveillance

Method / By Whom

5.1

ON-SITE, SEMIANNUAL

CALIBRATION OF OVEN,

MAGNETIZER AND

DEMAGNITIZER

EQUIPMENT

Calibration completed as scheduled with the COR, by certified/trained personnel, and a notification of the calibration issued to the COR.

100% of all oven, magnetizer and demagnitzer equipment calibrated

Inspection and record-keeping by

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency

Number of

Copies

Medium/ Format

Submit To

1.4.5.2 AT LEVEL 1

Awareness Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

1.4.5.3 iWATCH Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

1.4.5.4 OPSEC

Training

Complete within 30 calendar days of contract start date and within 30 days of new employee start date

Electronic or hard copy of completion statement

Submit proof of training to COR

5.7 Contractor

Manpower Reporting

(CMR)

Annually 1 Electronic CMR Website (see 5.3)

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-AUG-2017 TO

31-JUL-2018

N/A DIRECTORATE OF INDUSTRIAL

OPERATIONS

CHRISTOPHER RAY

LETTERKENNY ARMY DEPOT,

BUILDING 389

CHAMBERSBURG PA 17201

717-2679762 FOB: Destination

W91FVA

0002 POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-AUG-2018 TO

31-JUL-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-AUG-2019 TO

31-JUL-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-AUG-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-AUG-2020 TO

31-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-AUG-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-AUG-2021 TO

31-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-AUG-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (JAN 2017) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.242-15 Stop-Work Order AUG 1989 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

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS:

Paragraph (c) is changed to read: Period for acceptance of offers. The Offeror agree to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(End of Addendum)

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

ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:

A. General Information:

1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.

2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.

3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.

B. Non-Price Evaluation Factors and Subfactors:

1. Factor 1- Technical:

(a) Subfactor 1 Capabilities: The contractor shall be capable of performing all requirements listed in the Performance Work Statement (PWS) according to NADCAP, AMS 2750D and ISO 17025 specifications. The contractor shall show proof of certifications. Proof shall be in the form of documentation which shows recent experience of similar or equivalent services, a statement acknowledging the NADCAP, AMS and ISO requirements, and/or brochures, drawings, pictures, or any other documents which could serve as proof of capability. Recent experience is considered performing similar or equivalent services within the last three years.

(b) Subfactor 2 Sample Report: The contractor shall provide a sample test (certification) report. One sample report shall suffice.

C. Price Evaluation Factor: Offerors shall complete the Schedule B with pricing for each Contract Line Item Number (CLIN).

D. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.

1. Offerors’ technical proposals will receive an overall rating based on the following:

(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.

(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation. (End of provision)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order.