Solicitation - W912LA24QA002.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form

HRF Region 90 Hawaii Exercise

Product Service Code: V231 Date: 19 Jul 2024

W912LA24QA002

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

HRF Region 9 Hawaii Exercise: To provide 30 Single Occupancy Rooms and 24 Double Occupancy Rooms for a duration of 7 nights each for a total of 378 nights for authorized California Army National Guard personnel of the FEMA Region IX California (CA) Homeland Response Force (HRF). The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Hotel Lodging Services, as defined in this PWS.

Product Service Code: V231 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

PERFORMANCE WORK STATEMENT (PWS)

FOR

LodgingServices

1.0 General:

1.1 Scope: To provide 30 Single Occupancy Rooms and 24 Double OccupancyRooms for a duration of 7 nights each for a total of 378 nights for authorizedCalifornia Army National Guard personnel of the FEMA Region IX California (CA) HomelandResponse Force (HRF). The contractor shall provide all personnel, equipment,tools, materials, supervision, and quality control necessary, except asspecified in Paragraph 3.0 as Government Furnished, to perform Hotel Lodging Services, as defined in this PWS.

1.2 Background: Lodging is required for the FEMA Region IX HRF willprovide support to the HING 93rd CERFP, consisting of CBRNE(Chemical, Biological, Radiological, Nuclear and high-yield Explosives)Assistance Support Element (CASE) and Command and Control (C2) through the HRFEarly Entry Command Post (EECP) to prepare all participants to respond to hazardousmaterials incidents and function at the operational level in accordance with(IAW) NPA 472 and 1072.

1.3 Period of Performance (PoP): The Period of Performance shall be August24, 2024 - August 31, 2024.

1.4 General Information:

1.4.1 Place andPerformance of Services: The contractor shall provide services within a 3-mileradius of Kapolei (zip code 96707), Oahu between the hours of 1100 on 24 August2024 and 1100 on 31 August 2024, 24 hours a day. The contractor shall at alltimes maintain an adequate work force for the uninterrupted performance of alltasks defined within this PWS. Whenhiring personnel, the contractor shall keep in mind that the stability andcontinuity of the work force are essential.

1.4.1.1 Telework: The Government does notpermit the contractor to telework in support of this requirement.

1.4.2 Recognized Holidays: The following are recognized United States(US) holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year's Day

1.4.2.2 Martin Luther King, Jr.'s Birthday

1.4.2.3 President's Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day

1.4.2.6 Independence Day

1.4.2.7Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran's Day

1.4.2.10 ThanksgivingDay

1.4.2.11 Christmas Day

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure servicesare performed in accordance with this PWS. The contractor shall develop andimplement procedures to identify, prevent, and ensure non-recurrence ofdefective services. The contractor's QCP is the means by which it

As a minimum, the contractor shall assuresitself that its work complies with the requirements of the contract.

develop QCprocedures that address the areas identified in Technical Exhibit 1,Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate thecontractor's performance under this contract in accordance with the QualityAssurance Surveillance Plan (QASP). This plan is primarily focused on what theGovernment will do to ensure that the contractor has performed in accordancewith the performance standards. It defines how the performance standards willbe applied, the frequency of surveillance, and acceptable quality level(s) ordefect rate(s).

1.4.5Communications Security/Information Technology (COMSEC/IT) Security. Allcommunications with DoD organizations are subject to COMSEC review. All telephone communications networks arecontinually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departmentsto conduct COMSEC monitoring and recording of telephone calls originating from,or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnelplace or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequentdissemination of the above information to all employees dealing with DoDinformation. The contractor shall abideby all Government regulations concerning the authorized use of the Government'scomputer network, including the restriction against using the network torecruit Government personnel or advertise job openings.

1.4.6 PhysicalSecurity. Thecontractor shall safeguard all Government property provided for contractor use.At the close of each work period, Government facilities, equipment andmaterials shall be secured.

1.4.7 Contract Manager(CM): The contactor shall designate a CM who shall ensure performance underthis contract. The name of this person, and an alternate who shall act for thecontractor when the CM is absent, shall be designated in writing to the KO. TheCM or alternate shall have full authority to act for the contractor on allcontract matters relating to daily operation of this contract. The CM shall work through the COR to resolveissues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employeesdo not perform any services outside the scope of the contract without anofficial modification issued by the KO. The CM shall ensure contractor employees understand that servicesperformed outside the scope of the contract are performed wholly at the expenseof the contractor.

1.4.8 Identification ofContractor Employees: All contractor personnel attending meetings, answeringGovernment telephones and working in other situations where their contractorstatus is not obvious to third parties are required to identify themselves assuch to avoid creating an impression that they are Government employees. Thecontractor shall ensure that all documents or reports produced by contractorpersonnel are suitably marked as contractor products or that contractorparticipation is appropriately disclosed. The contractor's status as a "contractor" shall be predominantlydisplayed in all correspondence types (to include signature blocks on e-mail)and dealings with Government or non-Government entities. Contractor personnelshall wear identification badges distinguishing themselves as such. The badgesshall have the company name, employee name and the word "contractor"displayed.

1.4.9 CombatingTrafficking in Persons: The United States Government has adopted a zerotolerance policy regarding trafficking in persons.

Contractors and contractoremployees shall not engage in severe forms of trafficking in persons during theperiod of performance of the contract;

procure commercial sex acts during theperiod of performance of the contract; or use forced labor in the performanceof the contract. The Contractor shall notify its employees of the United StatesGovernment's zero tolerance policy, the actions that will be taken againstemployees for violations of this policy. The contractor shall take appropriateaction, up to and including termination, against employees or subcontractorsthat violate the US Government policy as described at FAR 22.17.

1.4.10 OrganizationalConflicts of Interest (OCI): The contractor and subcontractor personnelperforming services under this contract may receive, have access to orparticipate 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 whichmay create a current or subsequent OCIs, as defined in FAR Subpart 9.5. Thecontractor shall notify the KO immediately whenever it becomes aware that suchaccess or participation may result in any actual or potential OCI and shallpromptly submit a plan to the KO to avoid or mitigate any such OCI. Thecontractor's mitigation plan will be determined to be acceptable solely at thediscretion of the KO. In the event the KO unilaterally determines that any suchOCI cannot be satisfactorily avoided or mitigated, the KO may impose otherremedies as he or she deems necessary, including prohibiting the contractorfrom participation in subsequent contracted requirements which may be affectedby the OCI.

2.0 Definitions andAcronyms:

2.1 Definitions:

2.1.1 Contractor: Asupplier or vendor awarded a contract to provide specific supplies or serviceto the Government. The term used in this contract refers to the prime.

2.1.2 DefectiveService: A service output that does not meet the standard of performanceassociated with the PWS.

2.1.3 Deliverable:Anything that can be physically delivered and includes non-manufactured thingssuch as meeting minutes or reports.

2.1.4 Key Personnel:Contractor personnel that are evaluated in a source selection process and thatmay be required to be used in the performance of a contract by the PWS. Whenkey personnel are used as an evaluation factor in best value procurement, an offercan be rejected if it does not have a firm commitment from the persons that arelisted in the proposal.

2.1.5 PhysicalSecurity: Actions that prevent the loss or damage of Government property.

2.1.6 QualityAssurance: The Government procedures to verify that services being performed bythe Contractor are performed according to acceptable standards.

2.1.7 Quality AssuranceSurveillance Plan (QASP): An organized written document specifying thesurveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control:All necessary measures taken by the Contractor to ensure that the quality of anend product or service shall meet contract requirements.

2.1.9 Subcontractor:One that enters into a contract with a prime contractor. The Government doesnot have privity of contract with the subcontractor.

2.2 Acronyms:

CM Contract Manager

COR Contracting OfficerRepresentative

DA Department of theArmy

DFARS Defense Federal AcquisitionRegulation Supplement

DoD Department of Defense

FAR Federal AcquisitionRegulation

GFP/M/E/S Government FurnishedProperty/Material/Equipment/Services

IA InformationAssurance

IS InformationSystem(s)

KO Contracting Officer

NGB National Guard Bureau

OCI OrganizationalConflict of Interest

PII PersonallyIdentifiable Information

POC Point of Contact

PWS Performance WorkStatement

QA Quality Assurance

QASP Quality AssuranceSurveillance Plan

QC Quality Control

QCP Quality Control Program

TE TechnicalExhibit

3.0 GovernmentFurnished Property, Material, Equipment and Services (GFP/M/E/S): TheGovernment will provide the property, material, equipment, and/or serviceslisted below solely for the purpose of performance under this contract:

3.1 Property: None

3.2 Materials: None

3.3Equipment: None

3.4Services: None

3.5Utilities: None

4.0Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except forthose items specifically stated to be Government-Furnished in Paragraph 3.0,the contractor shall furnish everything required to perform these services asindicated in Paragraph 1.1.

5.0 Requirements: Thecontractor shall:

5.1 Lodging: Provided upon request by the Government based on roomavailability at the current Per Diem rate for the location. The contractorshall provide clean and smoke free single and double occupancy hotel/motelrooms in accordance with industry standards and the standards outlined in thisPWS.

5.2 Assignment ofquarters/rooms: The Contracting Officer's Designated Government

Representative of the RegionIX CA HRF Team is responsible for identifying government personnel who requirelodging. The Contracting Officer's Designated Government

Representative shalldocument the names of Region IX CA HRF Team personnel on a roster, which the ContractingOfficer's Designated Government Representative submits to the contractor. RegionIX CA HRF Team personnel shall not be lodged under this contract unless suchauthorization (the roster) is presented to the contractor.

5.2.1 Check inProcedures: The (Hotel/Motel Property) must provide a check in/out service on a24-hour basis, 7 days a week. The front desk will verify all Region IX CA HRFTeam via valid identification (Military ID, Driver's License, Passport, etc.)against the final roster or other authorized method. Contractor shall not relyon wear of military uniform as an indicator of military status or authorizationto receive lodging under the contract.

The contractor will be responsible forcollecting payment from any member who is required to make full or partial paymentdue to special requests for rooms other than those authorized (i.e. memberswith families, request for single room when double is authorized, etc.). Thegovernment shall not be responsible for payment of accommodations provided toany individuals who check into a property without being listed in the finalroster or previously communicated in writing by the Contracting Officer'sDesignated Government Representative. Any member who requests lodging underthis program who is not listed in the final roster or previously communicatedin writing by the Contracting Officer's Designated Government Representativeshall be responsible for standard room rates and any applicable taxes. Any RegionIX CA HRF personnel who fail to meet the required checkout time will be heldfinancially liable for all incurred costs. The government incurs no liabilityfor a late checkout. Additionally, cancelations will be submitted directly bythe guest, or the Contracting Officer's Designated Government Representative inwriting no later than 24 hours prior to check in at no cost to the government.

5.3.1 Living space:Each room shall contain living and sleeping areas in accordance with industry standards.Beds, linens and addition equipment provided by the Hotel/Motel Property shallalso be in accordance with industry standards.

Double rooms shall occupy noless than two people. Double rooms shall also contain two standard sized beds(King, Queen, Double or Twin) so that each of the two members occupying theroom will each have their own bed. ROLL away beds and pullout sofas cannot beconsidered as double occupancy rooms. Two standard beds must be included withina "double" room.

5.3.2 Standards: Roomsshall include all standard accommodations found within the commercial marketplacefor "Midscale" hotel/motel services.

Midscale Hotels typically include but not limitedto internet access, a refrigerator, a microwave, television with cable access,Iron and iron board, and an alarm clock. Rooms shall also comply with allMunicipal, State and Federal environmental, health and safety standards.

5.3.2.1 Heating, AirConditioning, and Ventilation: Lodging shall be provided with heating, air conditioning,and ventilation necessary to maintain comfort for guests.

5.3.2.2 SafeguardingValuables: The contractor shall provide a means of storing and safeguarding, in a safeor vault, small high-valuable personal property of the occupants. Receipts forthe stored items must be furnished to the guest.

Any cost shall be paid by theindividual, not the Government.

5.3.2.3 Telephone: Atelephone in good working order, with free local access and voicemail capabilityshall be provided in each room. The occupant is personally responsible fortelephone charges exceeding the free local access. The government shall incurno liability for telephone calls.

5.3.2.4 "Do NotDisturb" Signs: All rooms shall have such signs available. Contractor personnelshall respect them when displayed.

5.3.2.5 Bathrooms:Bathrooms shall be maintained and be in sanitary condition. Bathrooms shall containa shower and/or tub combination with a wash basin, a properly functioningtoilet, and a mirror. Additionally, bathrooms must have adequate lighting andgrounded electrical outlets for use of electric razors, hair dryers etc. Theshower or shower/tub combination shall have shower doors or curtains.

5.3.2.6 Linen Services:Shall be in accordance with industry standards. General daily housekeeping, toinclude making beds, replacing towels, emptying trash receptacles, cleaning floorsand sanitizing bathrooms shall also be in accordance with these standards.

5.3.2.7 Custodial/SanitationServices: The contractor shall maintain a clean and healthy environment. Allcustodial/sanitation services shall be in accordance with commercial standards.

5.3.2.8 InformationServices: Desk clerks shall be able to explain to occupants any miscellaneous chargesnot covered by this statement of work, for example, telephone charges.

5.3.2.9 AdditionalAmenities/Service: All facilities and courtesies customarily extended to occupants withoutcharge (i.e. pools, lounges, parking areas, etc.) shall also be made available withoutadditional charge to the Government under this contract. All extra services notspecified in this statement of work, or not normally included in the room rate,shall be paid by the individual(s). Food service is neither requested norrequired in this contract. The contractor shall provide concierge, shuttle, orextra services at no cost if provided to other guests.

5.3.2.10Liability/Miscellaneous Service: The government will not be responsible for anymiscellaneous charges/damages incurred by travelers. The contractor shallexplain to each service member that miscellaneous charges (such as telephonecharges, pay-per-view movies, room service, meals, smoking in the facility,damage charges, etc.) are not covered by this contract and will be charged toand paid by the individual. This will be part of the check-in procedures listedin the paragraph listed above. The front desk should explain this to the RegionIX CA HRF Personnel upon check-in. The contractor shall provide information tothe travelers on services available that are not inclusive.

5.4 Security: Thecontractor will ensure a safe and crime free environment.

5.4.1 Lodging security:The rooms shall be secured, and access limited to occupants, cleaning staff,and management in case of emergencies. All entrance doors to these rooms shallhave interior security locks, and either deadbolt or any other governmentapproved lock. If the room has sliding glass or French doors, they shall beequipped with an effective locking device. Each room occupant shall be providedwith a room key. No exterior doors to any room housing CA ARNG personnel arepermitted.

5.4.2 Buildingsecurity: All doors for main building entrances shall have controlled secured access.Each parking lot shall be equipped with enough lighting for safety of the membersand their belongings.

5.4.3 Region IX CA HRFSecurity Requirements: The Region IX CA HRF reserves the right to disqualifyproperties that do not meet their security requirements. Security requirementsare primarily based on historical police reports and criminal activity.Therefore, properties shall be in a low crime area, free of drugs andprostitution.

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

Publication

(Chapter/Page)

Date of Publicat ion

Mandatory or Advisory

Website

Federal Acquisition

Regulation https://www.acquisition.

gov/?q=browsefar

Defense Federal

Acquisition Regulation Supplement http://www.acq.osd.mil/dpap /dars/dfarspgi/current/index.

html or https://www.

acquisition.gov/dfars

Joint Travel Regulation

(JTR)

https://www.defensetravel.

dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1

DoD Identification (ID) Cards

(Enclosure 2, paragraph 3.

b)

01/23 /2014

(Change 1: 07/28 /2020) http://www.esd.whs.mil

/Directives/issuances/dodm

Federal Information Processing Standards

(FIPS) Publication 201-2

Personal Identity Verification (PIV) of

Federal Employees and Contractors

(paragraph 9)

August http://nvlpubs.nist.gov /nistpubs/FIPS/NIST.FIPS.

201-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program (PSP)

04/03 /2017 https://www.esd.whs.mil /Directives/issuances/dodm/

DoDI 5200.46

DoD Investigative and Adjudicative Guidance for

Issuing the Common Access Card (CAC)

09/09 /14

(Change 1: 05/04 /2018)

/Directives/issuances/dodi/ https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/dfars https://www.acquisition.gov/dfars https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive

(HSPD)-12

Policy for a Common Identification Standard for

Federal Employees and Contractors

08/27 /2004 https://www.dhs.gov /homeland-security-presidential-directive-12

DoDI 5400.11

Department of Defense Privacy and Civil

Liberties Programs

01/29 /2019

/Directives/issuances/dodi/

DoD 5400.11-R

Department of Defense Privacy Program

05/14 /2007

DoDD 8140.01

Cyberspace Workforce Management

10/05 /2020

/Directives/issuances/dodd/

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19 /2005 (C hange 4: 11/10 /2015)

DoD 5220.22-M

National Industrial Security Program Operating Manual

(NISPOM)

02/28 /2006

(Change 2: 05/18 /2016)

Army Directive 2014-05

Policy and Implementation Procedures for Common Access Card

Credentialing and Installation Access for Uncleared Contractors

03/07/2014 https://armypubs.

army.mil

/ProductMaps /PubForm

/ArmyDir.aspx

AR 25-2

Information Assurance

04/04/2019 http://armypubs.

army.mil

/ProductMaps /PubForm/AR.

aspx

W912LA24QA002

https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/

AR 530-1

Operations Security 09/26/2014 http://armypubs.

army.mil

/ProductMaps /PubForm/AR.

aspx

AR 525-13

Antiterrorism 12/09/2019 http://armypubs.

army.mil

/ProductMaps /PubForm/AR.

aspx

AR 381-12

Threat Awareness and Reporting Program (TARP)

(Section II, 2-4.b)

06/01/2016 http://armypubs.

army.mil

/ProductMaps /PubForm/AR.

aspx

National Guard Regulation 5-3-1 Army National Guard Billeting and Lodging

Program 07/07/2015 ngr 5-3-1.pdf (menlosecurity.

com)

TECHNICALEXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use todetermine contractor performance and will compare contractor performance to theAcceptable Quality Level (AQL).

P er fo r m a

Survei llance

W912LA24QA002

https://safe.menlosecurity.com/doc/docview/viewer/docN6938A535A305bc4c258b0cced9b177b06a0b810cf692c2cd798931d737425cdeb69328b7da75 https://safe.menlosecurity.com/doc/docview/viewer/docN6938A535A305bc4c258b0cced9b177b06a0b810cf692c2cd798931d737425cdeb69328b7da75 https://safe.menlosecurity.com/doc/docview/viewer/docN6938A535A305bc4c258b0cced9b177b06a0b810cf692c2cd798931d737425cdeb69328b7da75 n ce O bj ec ti v e

Performance Standard Acceptable Quality Levels (AQL) Metho d /

By W hom

5.

3.

Li vi n g sp ac e

Double rooms shall occupy no less than two people. Double rooms shall also contain two standard sized beds. Roll away beds and pullout sofas cannot be considered as double occupancy rooms.

100 % AQL

Rando m Sa mplin g by the G overn ment.

5.

3.

St a n d ar ds

Rooms shall include standard accommodations found within the commercial marketplace for

"Midscale" hotel/motel services. Additionally, all rooms shall meet the minimum standards outlined in the PWS.

90% AQL. Guests will be asked to rate their stay. Any complaints that the contractor failed to meet the standards outlined in this PWS will be logged. If more than 10% of the guest lodge complaints the month will be logged, and the contractor may owe consideration to the Government.

Rando m Sa mplin g by the G overn ment.

Requirements To provide 30 Single Occupancy Rooms and 24 Double Occupancy Rooms for a duration of 7 nights each for a total of 378 nights for authorized California Army National Guard personnel of the FEMA Region IX California (CA) Homeland Response Force (HRF). The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Hotel Lodging Services, as defined in this PWS.

Packaging and Marking

This section is intentionally left blank

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: W56QPB CountryCode: USA

0049 MP HHC HHC MP BRIGADE

510 PARKER RD, FAIRFIELD CA 94535-1405

FAIRFIELD, CA 94535-1405

UNITED STATES

Robert Skinner Email: robert.j.skinner41.mil@army.mil Telephone: (530) 227-2011

Deliveries or Performance

From 24 Aug 2024 to 31 Aug 2024

Ship To

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 24 Aug 2024 To 31 Aug 2024

1 Lot Place of Performance DoDAAC: W56QPB CountryCode: USA

0049 MP HHC HHC MP BRIGADE

510 PARKER RD, FAIRFIELD CA 94535-1405

FAIRFIELD, CA 94535-1405

UNITED STATES

Robert Skinner Email: robert.j.skinner41.mil@army.mil Telephone: (530) 227-2011

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

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

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

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

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

This section is intentionally left blank

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(May 2024)

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) 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 Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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 products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).X (1) (Jun 2020), Alternate I (Nov 2021)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

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

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).X (5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. X (12) (31 U.S.C. 6101 note).(Nov 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).X (13) (Oct 2018)

[Reserved].(14)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, (16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) Feb 2024

(21)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV ( ) of 52.219-9.(v) Sep 2023

(22)

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

Alternate I of 52.219-13.(ii) (Mar 2020)

(23) 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (27) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(30) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).X (31) (Jun 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies .(32) (Feb 2024)

52.222-21, Prohibition of Segregated Facilities .X (33) (Apr 2015)

X (34)

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

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

X (35)

(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

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

X (36)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

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

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).X (38) (Dec 2010)

X (39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

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

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (40) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(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.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

X (44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.

(45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.

(46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(May 2024)

(47)

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

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

(48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) ( 2022)Dec

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).

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

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

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

(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)

52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).X (58) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).X (59) (Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(63) (Jan 2017)

(64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

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

Alternate II of 52.247-64.(iii) (Nov 2021)

(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 products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub.