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SPD Regional Leadership Development Program


California, United States
Government : Military
RFQ
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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; quotes are being requested and a written solicitation will NOT be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. The solicitation number is W912P719R0012.

This requirement is being solicited as Women-Owned Small Business Set-Aside competition. The North American Industry Classification System (NAICS) code is 541618 the business size standard is $15.0 Million, and the Project
Service Code is R499 for Other Professional Services.


The Government will award a Firm-Fixed-Price (FFP) contract resulting from this Request for Quote (RFQ) to the responsible quoter whose quote conforms to the solicitation. 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 purpose of the this contract is to provide leadership development and training services to be provided by the contractor which are necessary for successful execution of the South Pacific Division (SPD) Regional Leadership Development Program (RLDP), Level 3 (LDP3). Participating in the program will vary but on average there will be approximately 7 to 12 participants for each program year. The program will include 4 weeks of duty time offsite and 40 hours of virtual instruction or interactive participation, of which the contractor will attend or lead each session.


Specification: The offeror must meet the qualification requirements in order to be eligible for award. In order to be eligible for the award, the Contractor and/or subcontractor performing the work must have recent and relevant experience in identification and mapping within the last three (3) years. (See Attachment C).


Line Item Break Down: See Attachment B


PERIOD OF PERFORMANCE:
Base Year: 1 September 2019 to 31 August 2020
Option 1: 1 September 2020 to 31 August 2021
Option 2: 1 September 2021 to 31 August 2022
Option 3: 1 September 2022 to 31 August 2023
Option 4: 1 September 2023 to 31 August 2024


SUBMISSION REQUIREMENT:
All interested firms shall submit a quote in accordance FAR provision 52.212.-1 and shall include the information as stated below. Submission shall be in two (2) Volumes (Technical Capability and Price Quote).


Volume 1, Technical Capability:
1. Point of Contact name, email address, and telephone number
2. Cage Code and DUNS number.
3. Technical Capability
A. Skills, equipment, and personnel required to perform the specified type of services TO INCLUDE:
i. Statement of contractor qualifications
ii. Staffing plan (including availability) including resumes of key personnel
4. Past Performance Questionnaires (See Attachment C)
5. SAM Registration
6. Complete information in FAR Clauses 52.209-11 and 52.212-3 (See Attachment)
7. Financial Bank letter (Financial status, Line of Credit, Number of overdrafts the company has had in past year, and the average balance of commercial account. (May be expressed: low 5 figure, or High 6 figures)


Volume 2, Price Quote:
1. Quoters SHALL complete and submit the price schedule and include a price for each line item.


2. The quote should clearly identify any assumptions or exceptions upon which your quote is based. Any questions regarding this synopsis/solicitation, shall be submitted by e-mail to Ms. Nairi Kouyoumdjian (Nairi.Kouyoumdjian@usace.army.mil) or telephone number (415) 503.6949 by 10 July 2019.
Questions and Answers will be posted as an amendment 17 July 2019.


This announcement will close 3:00 PM Pacific Standard Time, July 26, 2019.


All quotes must be received by an Official Government Representative prior to closing date/time. Provide an original Quote Package, to include all items listed above via email (Preferred) to Nairi.Kouyoumdjian@usace.army.mil or a hard copy and a Compact Disk (CD) with a digital PDF file of the quote to:


United States Army Corps of Engineers
Solicitation W912P719R0012
450 Golden Gate, Fourth Floor
San Francisco CA 94102


Attachments:
(A)    Statement of Work
(B)    Supplies or Services and Prices
(C)    Instructions for Submitting Quotations


The following solicitation provisions and clauses will be incorporated by reference:


52.203-3     Gratuities     APR 1984     
52.204-7     System for Award Management     OCT 2018     
52.204-13     System for Award Management Maintenance     OCT 2018     
52.204-16     Commercial and Government Entity Code Reporting     JUL 2016     
52.204-18     Commercial and Government Entity Code Maintenance     JUL 2016     
52.204-21     Basic Safeguarding of Covered Contractor Information Systems     JUN 2016     
52.209-6     Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment     OCT 2015     
52.209-7     Information Regarding Responsibility Matters     OCT 2018     
52.209-9     Updates of Publicly Available Information Regarding Responsibility Matters     OCT 2018     
52.212-1     Instructions to Offerors--Commercial Items     OCT 2018     
52.212-3 Alt I     Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I     OCT 2014     
52.212-4     Contract Terms and Conditions--Commercial Items     OCT 2018     
52.225-25     Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.     AUG 2018     
52.232-40     Providing Accelerated Payments to Small Business Subcontractors     DEC 2013     
52.237-2     Protection Of Government Buildings, Equipment, And Vegetation     APR 1984     
252.203-7000     Requirements Relating to Compensation of Former DoD Officials     SEP 2011     
252.203-7005     Representation Relating to Compensation of Former DoD Officials     NOV 2011     
252.204-7004     Antiterrorism Awareness Training for Contractors.     FEB 2019     
252.204-7008     Compliance With Safeguarding Covered Defense Information Controls     OCT 2016     
252.204-7012     Safeguarding Covered Defense Information and Cyber Incident Reporting     OCT 2016     
252.204-7015     Notice of Authorized Disclosure of Information for Litigation Support     MAY 2016     
252.205-7000     Provision Of Information To Cooperative Agreement Holders     DEC 1991     
252.219-7003     Small Business Subcontracting Plan (DOD Contracts)     DEC 2018     
252.226-7001     Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns     APR 2019     
252.232-7003     Electronic Submission of Payment Requests and Receiving Reports     DEC 2018     
252.232-7006     Wide Area WorkFlow Payment Instructions     DEC 2018     
252.232-7010     Levies on Contract Payments     DEC 2006     
252.237-7010     Prohibition on Interrogation of Detainees by Contractor Personnel     JUN 2013     
252.243-7002     Requests for Equitable Adjustment     DEC 2012     
252.244-7000     Subcontracts for Commercial Items     JUN 2013


The following solicitation provisions and clauses will be incorporated by full text:


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


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


Offers must meet the specifications as stated in Attachment A - Statement of Work (Attachment A) herein in order to be technically acceptable and considered for further evaluation.


The offeror must provide a concise response (a few sentences or short paragraph) to each of the questions in Attachment C - Instructions for Submitting Quotations (Attachment C) as related to the specifications in Attachment A. Passing this criteria requires a response conforming to the specifications in Attachment A be received for all the questions stated.


Offers that meet the requirement will then be further evaluated based on technical capability, organizational past performance, and price. The award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified of performing the required service in accordance with FAR Part 12 Acquisition of Commercial Items. Technically qualified is defined as meeting the minimum requirements in Technical, Past Performance and Price as listed below. No trade-offs are made. Any contractor who submits a quotation that fails to furnish required representations or information, or rejects the terms and conditions of the solicitations shall be excluded from consideration. Pursuant to FAR 32.003, contract financing shall not be provided.


i.    Technical Capability of Key Personnel Experience and Expertise: Offers must meet the specifications as stated in Attachments A and C in order to be technically acceptable and considered for further evaluation. Experience shall include and be tied to key individuals that will be performing the work on this project.


ii.    Organizational Past Performance: A minimum of three references (past or current customer still in business) for the same or similar requirements are required for evaluation. Major past performance consideration will demonstrate experience with leading and developing comprehensive leadership or management development programs including:
a.    Multiple training sessions involving the same group of students over a period of at least 6 months AND a majority (at least four subject areas) of the following content: 1) individual and team development, 2) organization development, 3) leadership theory and practice, 4) management theory and practice, 5) negotiation, and 6) conflict resolution.
b.    Experience in planning, executing, and providing various assessment interpretations to students
c.    Coaching students through development progress, meeting reviews, preparation of "lessons learned" documents, and facilitating and providing feedback to individuals and teams
d.    Knowledge of current leadership, management, organization, and public administration theory
e.    Experience in preparation of leadership/management curriculum specific to a customer, project, or organization, to include time/priority management, leadership styles, team effectiveness, conflict resolution, presentation skills, career planning;
f.    Experience in developing and administering assessments and feedback instruments with metrics for tracking student progress (5 separate tools including one 360 degree-type evaluation); and
g.    Knowledge of the Corps of Engineers organization, history, processes, and products.


iii.    Past performance from other sources both inside and outside the Federal Government may be considered in accordance with FAR 12.206. Past performance evaluation will include:
a.    Synopsis of work requirement;
b.    Past Project Locations;
c.    Contract Value;
d.    Point-of-Contact information;
e.    Company personnel and individual qualification, years of experience, and education or certifications as it relates to the scope of this project;


iv.    Price:
a.    Offers that meet the technical capability, experience and past performance requirements will be evaluated based on price and award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified in accordance with the criteria set forth herein.


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


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



(End of provision)


52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)


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


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


(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).


(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).


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


(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).


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


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.)


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).

___ (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]


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


____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).


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


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


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


____ (v) Alternate IV (Aug 2018) of 52.219-9.


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


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


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


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


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)).

X (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)(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 (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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).


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


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


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


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


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


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


X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).


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


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


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


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


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

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

____ (iii) Alternate II (Feb 2006) of 52.247-64.


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


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) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.


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


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


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


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


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


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


(xi) 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.


(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).


(xiii) _____ (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).
(xiv) 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.)


(xv) 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)


(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).


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

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.


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


(xx) 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).


(xxi) 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.


(xxii) 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)


52.217-8 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 7 daya; 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 an extension.


(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.


(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 year.
(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)


Nairi Kouyoumdjian, Contract Specialist, Phone 4155036949, Email Nairi.Kouyoumdjian@usace.army.mil - Mary Fronck, Contracting Officer, Phone 4155036554, Email mary.fronck@usace.army.mil

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