Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis/solicitation for commercial items (services) prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional in... This is a combined synopsis/solicitation for commercial items (services) prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a solicitation will NOT be issued. Solicitation number W912P720R0003 is being issued as a Request For Proposal (RFP). As a result of this solicitation, the Government intends to award: (1) a Firm Fixed Price indefinite-delivery/indefinite-quantity (IDIQ) Single Award Task Order Contract (SATOC) contract entitled US EPA Tribal Nation Underground Storage Tank Program Support; and (2) the initial Task Order entitled Navajo Nation UST Site 312 Crown Point Conoco (the “Crown Point Task Order”). The Government will not be awarding IDIQ contracts to multiple offerors; resultant IDIQ award will be a single-award IDIQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83. All clauses within the IDIQ contract apply to any resulting task orders issued during the period of performance of the IDIQ . This requirement is being solicited as Small Business Set-Aside competition. The North American Industry Classification System (NAICS) code is 541620, the business size standard is $16.5 Million, and the Project Service Code is B599 for Other Special Studies & Analyses. Any proposal that is submitted by a contractor that is not a small business will not be considered for award. The IDIQ will have a base period of performance of 36 months and one (1) 24 month option period. Deliverables are described at a high level within the IDIQ solicitation and will be described in detail in each of the individual task orders. This announcement does not obligate the Government to award a contract nor does it obligate the Government to pay for any preparation costs. Project Description: The U.S. Army Corps of Engineers (USACE), San Francisco District is seeking to obtain professional Environmental Consulting Services. This is a solicitation for Environmental Protection Agency (EPA) Tribal Underground Storage Tank (UST) Compliance Program Support Services, to provide the U.S. Army Corps of Engineers San Francisco District (USACE) with the capability to execute UST Investigations, Restoration oversight, and Technical Support as described in the Performance Work Statement (PWS) within the EPA Region 9 area. Location: EPA Region 9 Area Base Year Period: 1 June 2020 to 30 May 2023 Option 1 - 1 June 2023 to 30 May 2025 SUBMISSION REQUIREMENT: All interested firms shall submit a proposal in accordance FAR provision 52.212.-1 and shall include the information as stated below. Submission shall be in two (2) Volumes -- (Volume 1-Technical Capability and Volume 2 -Price Proposal). Volume 1, Technical Capability: 1. Cover letter containing: a. Point of Contact name, email address, and telephone number b. Cage Code and DUNS number. c. Category of Small Business, such as 8(a), HUBZone, Veteran Owned Small Business, Woman Owned Small Business, or SDVOSB. 2. Technical Capability Proposal, containing the submissions required by 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) below for: a. Factor 1: Technical Experience and Approach b. Factor 2: Key Personnel Knowledge, Skills, Experience and Qualifications c. Factor 3: Past Performance 3. SAM Registration 4. Complete information required by FAR clauses 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016), and 52.212-3, Offeror Representations and Certifications - Commercial Items Volume 2, Price Proposal: 1. Offerors shall complete and submit (1) the Crown Point Task Order price schedule titled “NAV312 Crown Pt Site Assessment Support”; and (2) the SATOC price schedule titled “US EPA Tribal Nation Underground Storage Tank Program Support”. (SEE Attachments) 2. The Proposal should clearly identify any assumptions or exceptions upon which your Proposal is based. Any questions regarding this synopsis/solicitation, shall be submitted by e-mail to Mr. J. Dennis Neal james.neal@usace.army.mil) or telephone number (415) 503.6891 by 30 April 2020. Questions and Answers will be posted as an amendment. To ensure an answer is given, please submit no later than 8 May 2020. This announcement will close 12 PM Pacific Daylight Time, 22 May 2020. All Proposals (Volumes 1 & 2) must be received by email to james.neal@usace.army.mil and mary.fronck@usace.army.mil prior to closing date/time. You will receive and email confirmation of receipt. If you are unable to provide an email. Please contact J. Dennis Neal by phone prior to closing date/time –Phone number 415-503-6891 No hand-delivered proposals will be accepted. The following attachments are included as a part of this solicitation: SATOC Performance Work Statement: IDIQ_ PWS_US EPA Tribal Nation Underground Storage Tank Program Support Crown Point Task Order Performance Work Statement: TO_PWS NAV312 Crown Pt Site Assessment Support 031220 Past Performance Questionnaire (Form PPQ-0) FAR clause 52.209-11, REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) FAR clause 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS SATOC price schedule: US EPA Tribal Nation Underground Storage Tank Program Support Labor Rate Crown Point Task Order price schedule: NAV312 Crown Pt Site Assessment Support Price Schedule Service Contract Act Wage Determination The following solicitation provisions and clauses will be incorporated by reference: See Attachment: Provisions and Clauses 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1] Volume 1. TECHNICAL CAPABILITY: The following technical capability factors will be considered in evaluating the proposal: Factor 1: Technical Experience and Approach Factor 2: Key Personnel Knowledge, Skills, Experience and Qualifications Factor 3: Past Performance FACTOR 1 – TECHNICAL EXPERIENCE AND APPROACH: 1. The offeror shall submit a narrative, no more than 10 single-spaced, one-sided pages in length, detailing the proposed Technical Experience Approach for completing all tasks required by the Performance Work Statement (PWS). Title sheets, indices, and tables of contents are excluded from the page limitation. 2. The information to be included in the narrative shall include the following: (a) A list of the offeror’s EPA/Tribal Nation UST compliance projects executed within the EPA Region 9 area of responsibility (AOR) that describes the project sponsorship, dates of execution and contract price. The Government is unlikely to award to an offeror that has little or no UST compliance/assessment within the Navajo Nation and working with USEPA, NNEPA, and the Tribe. If a submitted project was executed by a subcontractor, the project description will describe the extent to which the offeror has worked with that subcontractor in the past. (b) The offeror’s ability to mobilize within the Tribal Nations covered by this program. Fluency with the local languages including Navajo (Dine) is considered critical for program and project success. (c) The ability of the offeror to provide a range of community outreach, records review, support, and communication for the environmental support program within the Navajo tribal lands. Offerors with existing staff that can demonstrate proficiency with Navajo (Dine) will be preferred. (d) The offeror’s Contractor’s Rating with Navajo EPA. Having Priority One designation is considered critical for this program, and is a good indicator that the offeror has consistent long-term technical capabilities facilitating execution of projects on the Navajo Nation. (e) Location of the offerors primary place of business and any associated offices with respect to the anticipated locations of the projects. Offerors with no offices within 200 miles of the Navajo Nation will be unlikely to receive award of a contract. (f) The offeror’s Project Management experience and skills regarding: (1) project reporting to EPA; (2) project reporting to the U.S. Army Corps of Engineers; (3) cost reporting to Army Corps of Engineers; and (4) Change Control Management. (g) The proposed major work elements to be self-performed by the offeror’s in-house work force, and the major work elements to be performed by a subcontractor. Offerors with employees with a direct understanding of the culture and language of the offeror are preferred, so offerors that propose hiring subcontractors for major work elements are less likely to receive award. (h) A description of how the offeror intends to perform the following major work elements: • Development of assessment and site management plans • Tribal nation UST site investigations • Regulatory processes specific to UST Sites • Preparation of after-action reports, memoranda, technical memoranda specific to UST sites, and • Preparation of other documentation for regulatory compliance. FACTOR 2 - KEY PERSONNEL KNOWLEDGE, SKILLS, EXPERIENCE AND QUALIFICATIONS: 1. The offeror shall submit resumes, no more than two (2) pages in length each, for three key technical team members proposed to be assigned to this project, including the proposed Project Manager and Technical Lead. 2. The offeror shall certify that the personnel whose resumes are provided in the technical proposal are currently employed by the offeror and will perform the work under the awarded contract. Note that changes in Key Personnel after award will be subject to Contracting Officer approval. 3. Each resume shall state what responsibilities the person will have on this project and shall demonstrate specific project experience directly related to the work required under the PWS. The resumes should include each individual’s years of experience in relevant position, the individual’s experience in projects of scope, magnitude, complexity, and schedule similar to those described in the PWS, and the individual’s proficiency with the Navajo (Dine) language. FACTOR 3 -- PAST PERFORMANCE: 1. For projects described in the Factor 1 narrative, the offeror should submit copies of federal Government performance evaluations that are already in the government’s past performance databases e.g., copies of evaluations in the Past Performance Information Retrieval System (PPIRS). 2. For projects for which no federal Government performance evaluations is already in the Government’s past performance databases, the offeror may provide a Past Performance Questionnaire (Form PPQ-0) included with this solicitation to a representative of the owner that can provide the owner’ s opinion of the offeror’ s past performance for the project. For projects that do not have a PPIRS, a Completed PPQ-0 forms should be submitted with your proposal. The PPQ should be from the past three years demonstrating relevant task performed, with a minimum of five (5) Projects. 3. The past performance evaluation will result in an assessment of the offeror’s probability of meeting the solicitation requirements. Volume 2. PRICE: The offeror shall complete and submit with its offer: (1) the Crown Point task order price schedule; and (2) the SATOC price schedule. Failure to include a price for each item in the schedules may result in the offer being rejected without further consideration. The price to be considered in determining which offer is most advantageous to the Government will be the total price of all the line items in the Crown Point task order price schedule. The proposed rates in the SATOC price schedule will be the maximum rates for each job classification that can be included in future task orders issued under the awarded IDIQ contract. The proposed labor rates will be evaluated for reasonableness, and the Government will not award a base contract in response to an offer proposing unreasonably high labor rates. (b) Options. The Government will evaluate offers for award purposes by evaluating the reasonableness of the fixed-price labor rates in the SATOC price schedule for all option years. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 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). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). X (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.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (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). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] ____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages—Subcontracting 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 (OCT 2019) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). ____ (ii) Alternate I (Feb 1999) of 52.222-26. X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212). ____ (ii) Alternate I (July 2014) of 52.222-35. X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). ____ (ii) Alternate I (July 2014) of 52.222-36. 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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.) X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 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®-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). X (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). X (44) 52.223-21, Foams (Jun 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 2019) 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 (Oct 2018) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332). ____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). ____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). ____ (ii) Alternate I (Apr 2003) of 52.247-64. ____ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67). _____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 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. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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). (xv) 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.) (xvi) 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) (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 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. (xxiii) 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) 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 Days of contract expiration date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to ...