20180410_W91QF4-18-Q-0022_Reading_Improvement.docx

W91QF418Q0022

Section B - Supplies or Services and Prices

AGREEMENT PERIOD

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform an eight hour Speed Reading class as defined in this Performance Work Statement except for those items specified as government furnished property and services.

01 June 2018 through 31 May 2023

This agreement may be discontinued at any time, upon 30 days’ written notice by either party. Discontinuing or modifying this agreement shall not affect any prior task orders incorporated in the basic agreement. The agreement shall be reviewed annually before the anniversary of it’s effective date and revised as necessary to conform to the requirements of the acquisition regulations.

SUPPLIES/SERVICES

Supplies/services to be furnished under this agreement are:

Speed Reading Instruction in accordance with the Performance Work Statement.

ORDERING LIMITS

Under the BPA the following limitations will be adhered to:

BPA Master Limit: $500,000 BPA Single Call Order Limit: $25,000

Additionally if the service becomes unavailable, the contractor will be responsible for contacting the Contracting Office to inform and negotiate any possible solutions.

An Ordering Officer (OO) and Contracting Officer Representative (COR) for the government will be assigned once the BPA is awarded. That OO will be a Government Purchase Card Holder and will be authorized to place orders up to the BPA Single Call Order Limit. Usage and performance will be monitored by the COR.

Speed Reading Instruction Year 1

FFP

Services at Fort Leavenworth, KS FOB: Destination

MAX

NET AMT

Speed Reading Instruction Year 1

Services at Fort Belvoir, VA

MAX

Speed Reading Instruction Year 1

Services at Fort Lee, VA

MAX

Speed Reading Instruction Year 1

Services at Fort Gordon, GA

MAX

Speed Reading Instruction Year 1

Services at Redstone Arsenal, AL

MAX

Speed Reading Instruction Year 2

MAX

Speed Reading Instruction Year 2

MAX

Speed Reading Instruction Year 2

MAX

Speed Reading Instruction Year 2

MAX

Speed Reading Instruction Year 2

MAX

Speed Reading Instruction Year 3

MAX

Speed Reading Instruction Year 3

MAX

Speed Reading Instruction Year 3

MAX

Speed Reading Instruction Year 3

MAX

Speed Reading Instruction Year 3

MAX

Speed Reading Instruction Year 4

MAX

Speed Reading Instruction Year 4

MAX

Speed Reading Instruction Year 4

MAX

Speed Reading Instruction Year 4

MAX

Speed Reading Instruction Year 4

MAX

Speed Reading Instruction Year 5

MAX

Speed Reading Instruction Year 5

MAX

Speed Reading Instruction Year 5

MAX

Speed Reading Instruction Year 5

MAX

Speed Reading Instruction Year 5

MAX

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

US Army Command and General Staff Officers Course Speed Reading Program

15 March 2018

1. General:

1.1 Description of Services/Introduction: This is a non-personal services blanket purchase agreement to provide an 8 hour Speed Reading class to improve US Army Command and General Staff Officers Course (CGSOC) students reading speed and comprehension. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform an eight hour Speed Reading class as defined in this Performance Work Statement except for those items specified as government furnished property and services.

1.2 Background: The US Army G3 outlines the ten goals of the Army Training and Leader Development Strategy (AT&LDS). Implementation of a Speed Reading Program (SRP) prepares US Army Officers to attain the second goal of AT&LDS: development of adaptive and competent leaders. The Army G3 also outlines the Enduring Legacy Leader Self Development process. The Command and General Staff School (CGSS) implemented a Speed Reading Program to assist US Army Officers in achieving the self-developmental goal of reading professional publications. CGSS has an objective to continue this service to as wide a population of students as is possible. Each academic year, CGSC educates more than 7,000 Active, Reserve and National Guard Army officers, sister service officers, international field grade officers and other government agency students via resident and distributed learning. The headquarters and main resident campus is located at Fort Leavenworth, Kansas, with four satellite locations in Huntsville, Alabama; Fort Belvoir, Virginia; Fort Lee, Virginia; Fort Gordon, Georgia.

1.3 Objectives: CGSS enables a speed reading program that at a minimum doubles an individual’s current reading rate. As a result of the training the students reading comprehension will increase to match reading speed.

1.4 Scope: The US Army Command and General Staff College (CGSC) enables a Speed Reading class, not to exceed eight hours of instruction, to improve CGSC students reading speed and comprehension. The class will be conducted at five locations in the continental United States.

0. Period of Performance: The period of performance shall be for five (5) Years..

1.6 General Information:

1.6.1 Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-4, Inspection of Services – Fixed Price).

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract.

1.6.3 Federal Government Holidays:

1.6.4 Hours of Operation: The contractor is responsible for conducting business while the Government facility is open, between the hours of 07:30AM – 5:00PM Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at:

a. *Fort Leavenworth, KS – 12 classes in a 12 month period

b. *Fort Belvoir, VA (Satellite Campus) – 3 classes in a 12 month period

c. *Fort Lee, VA (Satellite Campus) – 3 classes in a 12 month period

d. *Fort Gordon, GA (Satellite Campus) – 3 classes in a 12 month period

e. *Redstone Arsenal, AL (Satellite Campus) – 3 classes in a 12 month period

*Classes may be required in several locations in one month, for example Ft Leavenworth may require a class from September 6-7, 2018 and Fort Belvoir may need a class from September 13-14, 2018.

1.6.6 Type of Contract: The government will award a Blanket Purchase Agreement structured for Firm Fixed Price orders.

1.6.7 Security Requirements: Contractor personnel (to include subcontractors) performing work under this contract are not required to possess a security clearance.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.7.2 The Contractor will not be issued any keys, so therefore is not required to maintain any key control procedures for this contract.

1.6.8. Special Qualifications: N/A.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation, Post Award Orientation. The Ordering Officer, OO, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting Officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 Ordering Officer (OO): The OO will be identified by separate letter. The OO monitors all technical aspects of the contract and assists in contract administration. The OO is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; and coordinate availability of government furnished property. A letter of designation issued to the OO, a copy of which is sent to the Contractor, states the responsibilities and limitations of the OO. The OO is not authorized to change any of the terms and conditions of the agreement.

1.6.11 Key Personnel: N/A

1.6.12 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. All contract 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.14. Contractor Travel: The government will not reimburse travel expenses.

1.6.15. Other Direct Costs: N/A

1.6.16 Organizational Conflict of Interest: The contracting officer has not identified any OCIs inherent to this requirement. It is the offeror’s responsibility to notify the contracting officer, prior to submission of proposals, if a potential OCI is identified.

1.6.17. Anti-Terrorism (AT) Level I Training. All contractor employees requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days of the performance start date (PSD) or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees. AT level I awareness training is available at the following website: http://jko.jten.mil.

1.6.18. Access and General Protection/Security Policy and Procedures. Contractor and employees shall 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 must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.18.1 Contractors Requiring a Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directives. The contractor employee will not be required to access a DoD computer network. Not Applicable.

1.6.18.2. Contractor Not Requiring a CAC, but Require Access to a DoD Facility or Installation. N/A

1.6.19. AT Awareness Training for Contractor Personnel Traveling Overseas. N/A

1.6.20. iWATCH Training. The contractor shall brief all employees on the local iWATCH program (training standards provided by the requiring activity’s ATO). This locally 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. This training shall be completed within 30 calendar days of the PSD and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 15 calendar days after completion of training.

1.6.21. Access to Government Information Systems. All contractor employees with access to a Government info system shall be registered in the Army Training Certification Tracking System (ATCTS), and shall successfully complete the DoD Information Assurance (IA) Awareness prior to gaining access to the IS and annually thereafter. DoD IA training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.6.22. Operations Security (OPSEC) Standing Operating Procedure (SOP)/Plan. N/A

1.6.23. OPSEC Training. Per AR 530-1, Operations Security, all contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees shall complete annual OPSEC awareness training.

1.6.24. Information Assurance (IA)/Information Technology (IT) Certification. N/A

1.6.25. Threat Awareness reporting Program (TARP). N/A

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

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

2.1.4. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.5. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

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 acceptable in accordance with established standards and requirements of this contract.

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. SATELLITE CAMPUS(s). Classroom and faculty facilities at four Army installations around the country that maintain a CGSOC Teaching Team(s).

2.2. ACRONYMS:

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Facilities: The Government will provide:

a. A Classroom with tables and chairs for 25 students will be provided.

b. Parking space will be provided.

c. Storage for lesson materials needed for the next class will be provided.

d. A white board and markers.

e. Depending upon the class schedule the course material will be allowed to remain in place on the desks overnight in a secure classroom.

3.2. Equipment: The Government will not provide:

a. Computers, printers or screens for presentations.

b. Lesson material accessories such as pen, pencils, or paper.

c. Books to use during the speed reading class.

3.3 Materials: The Government will provide a roster of students attending the class.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

5. Specific Tasks:

5.1. Task 1, Speed Reading Class: Conduct innovative speed reading classes that demonstrate adult education practices and design.

5.1.1. Deliverable: The contractor shall conduct eight hour speed reading classes at the locations and frequency shown below. The government will coordinate specific dates and time with the contractor.

a. Fort Leavenworth, KS – 12 classes in a 12 month period

(1). The first four month exact date schedule will be provided to the contractor at contract implementation, however the contractor must maintain flexibility and be able to respond to any unforeseen schedule changes occurring no less than 30 days of the scheduled class.

(2). The contractor must be able to conduct 1 session per day for 2 days for 1 complete eight hour class for:

(a) July 2018

(b) August 2018.

b. Satellite Campuses: Fort Belvoir, VA (Satellite Campus) – 3 classes in a 12 month period: Fort Lee, VA (Satellite Campus) – 3 classes in a 12 month period: Fort Gordon, GA (Satellite Campus) – 3 classes in a 12 month period: Huntsville, AL (Satellite Campus) – 3 classes in a 12 month period.

5.1.2. Standard: As a result of the speed reading class student reading speed will double. The contractor shall produce evidence that demonstrates/proves improved reading speed. Conduct of the class will demonstrate student centric, adult education instruction methods. The Government will have three business days to review the deliverable and provide comments back to the contractor. A negative response from the Government within the time specified above constitutes acceptance. Evidence shall at minimum be in the form of:

a. A Reading Speed and comprehension Pre-Test at the beginning of the eight hour class.

b. A Reading Speed and comprehension Post-Test at the end of the eight hour class

5.2. Task 2, End of Course Survey: The contractor shall develop, prepare, and conduct an end of class survey.

5.2.1. Deliverable: The contractor shall develop, prepare, and conduct an end of class survey for every class offering. Every student shall be provided an opportunity to complete an end of class survey. The contractor shall provide all surveys either in electronic and / or physical form.

5.2.2. Standard: The contractor shall provide an end of class survey to evaluate the instructor performance, class content, and the student’s perception of the intellectual value of the class. The end of class serves are to be turned into the Government no later than 24 hours after the completion of class. The Government will have three business days to review the deliverable and provide comments back to the contractor. A negative response from the Government within the time specified above constitutes acceptance.

5.3. Task 3, Sub-Standard Student Report: The contractor shall inform the OO of sub-standard students for both academic and behavioral challenges.

5.3.1. Deliverable: Students who fail to meet minimum standards and/or expectations shall be reported to the CGSOC OO.

5.3.2. Standard: The contractor shall provide the names of substandard students to the CGSOC OO. The Government will have three business days to review the deliverable and provide comments back to the contractor. A negative response from the Government within the time specified above constitutes acceptance.

5.4. Task 4, Follow On Resources: The contractor shall provide the students with resources they can use to continue improvement of their reading speed and comprehension.

5.4.1. Deliverable: Provide the students with clearly communicated information and practices that enable obtainment of additional resources they can use after class to improve their reading speed and comprehension.

5.4.2. Standard: The contractor shall provide the CGSOC OO written instructions before class begins on how students can obtain additional resources they can use after class to improve their reading speed and comprehension. The Government will have three business days to review the deliverable and provide comments back to the contractor. A negative response from the Government within the time specified above constitutes acceptance.

5.5. Task 5, Classroom Setup: The Contractor shall set up and reconfigure the classroom environment.

5.5.1. Deliverable: The contractor shall bring all applicable lesson material and arrange it in the classroom for each student before class begins and remove said material after class is over. Any rearrangement of the classroom will be returned to its original configuration at the completion of the class.

5.5.2. Standard: The contractor shall arrive at the provided classroom at least one hour prior to class and set up all applicable classroom material to teach the class. At the end of class the contractor, shall tear down all lesson material and return the room to its original condition. The Government will have three business days to review the deliverable and provide comments back to the contractor. A negative response from the Government within the time specified above constitutes acceptance.

5.6. Task 6, Contractor Manpower Reporting (CMR):

5.6.1. Deliverable: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

https://www.ecmra.mil/Default.aspx, and then click “I agree” on the U.S. Department of Defense, Enterprise Contractor Manpower Reporting Application” and follow the rest of the directions.

5.6.2. Standard: Reporting inputs will be for the labor executed during the period of performance during each government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): N/A

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-MAY-2019

31-MAY-2019

31-MAY-2019

31-MAY-2019

31-MAY-2019

31-MAY-2020

31-MAY-2020

31-MAY-2020

31-MAY-2020

31-MAY-2020

31-MAY-2021

31-MAY-2021

31-MAY-2021

31-MAY-2021

31-MAY-2021

31-MAY-2022

31-MAY-2022

31-MAY-2022

31-MAY-2022

31-MAY-2022

31-MAY-2023

31-MAY-2023

31-MAY-2023

31-MAY-2023

31-MAY-2023

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer.

b. No oral statement of any person will in any manner or degree shall modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: Felipe Zaragoza, Contract Specialist MICC Ft. Leavenworth 535 Kearny AVE

FORT LEAVENWORTH, KS 66027

TELEPHONE NUMBER: 913-684-1617

E-MAIL: felipe.d.zaragoza.civ@mail.mil

OR

ATTN: Ruth "Nickey" Austin, Contracting Officer MICC Ft. Leavenworth 535 Kearny AVE

FORT LEAVENWORTH, KS 66027

TELEPHONE NUMBER: 913-684-1615

E-MAIL: ruth.n.austin.civ@mail.mil

POINTS OF CONTACT

Vendor POC: To be completed upon award Ordering Officer: To be completed upon award Contracting Officer's Representative: To be completed upon award

Section H - Special Contract Requirements

WAGE DETERMINATION

Service Contract Act Wage Determinations (WD) are located at www.wdol.gov. The appropriate Wage Determination for each location can be obtained by proceeding as follows:

Clicking "Selecting SCA WDs" Selecting the appropriate State and County from the dropdown menu Clicking "No" to the question: "Were these services previously performed at this locality under an SCA-Covered contract?

Clicking "No" to the question: "Are the contract services to be performed listed below as Non-Standard Services?"

The WD for Ft. Leavenworth, KS is WD 15-5105 (Rev.-5 01/16/2018

The WD for Ft. Belvoir, VA is WD 15-4281 (Rev.-9) 01/16/2018

The WD for Ft. Lee, VA is WD 15-4313 (Rev.-6) 01/16/2018

The WD for Ft. Gordon, GA is WD 15-4465 (Rev.-5) 01/16/2018

The WD for Redstone Arsenal, AL is WD 15-4603 (Rev.-6) 01/16/2018

CLAUSES INCORPORATED BY FULL TEXT

5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Feb 2014) (LOCAL CLAUSE)

Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below.

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-Level Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html.

If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures.

(End of Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

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

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

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

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

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

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

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

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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

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

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 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.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiii) 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.)

(xvii) 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) (E. O. 12989).

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

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

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

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

Section K - Representations, Certifications and Other…