Loren Data's SAM Daily™

FBO DAILY ISSUE OF NOVEMBER 01, 2008 FBO #2532
DOCUMENT

D -- Federal Parent Locator Service - Estimated Volume

Notice Date

10/30/2008
 

Notice Type

Estimated Volume
 

NAICS

518210 — Data Processing, Hosting, and Related Services
 

Contracting Office

Department of Health and Human Services, Program Support Center, Division of Acquisition Management, Parklawn Building Room 5-101, 5600 Fishers Lane, Rockville, Maryland, 20857
 

ZIP Code

20857
 

Solicitation Number

09Y039374
 

Response Due

11/6/2008
 

Archive Date

11/21/2008
 

Point of Contact

Bettie Hartley,, Phone: 301-443-7848
 

E-Mail Address

bettie.hartley@psc.gov
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations/proposals are being requested, and a written solicitation document will not be issued. Solicitation number 09Y039374 is a request for quotations (RFQ), The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-27. The associated North American Industry Classification System (NAICS) code for this procurement is 518210, with a small business size standard of $25M. The Government intends to negotiate on a sole source basis with Lorton Data, Inc., 2125 E. Hennepin Ave., Suite 200. Minneapolis, MN 55413. A DETERMINATION BY THE GOVERNMENT NOT TO COMPETE THIS REQUIREMENT BASED UPON RESPONSES TO THIS NOTICE IS SOLELY WITHIN THE DISCRETION OF THE GOVERNMENT. INFORMATION RECEIVED WILL NORMALLY BE CONSIDERED SOLELY FOR THE PURPOSE OF DETERMINING WHETHER TO CONDUCT A COMPETITIVE PROCUREMENT. SOLE SOURCE JUSTIFICATION: Sole source is justified based on the need for Office of Child Support Enforcement (OCSE) to meet Social Security Administration’s (SSA) data exchange requirements for communication within the SSA environment. The FPLS must work within the SSA NCC environment to process any NCOALink® requests it will receive from states and exchange with an outside vendor. This environment constrains the FPLS to use only the SSA configured data exchange protocol, Connect: Direct®, a Sterling Commerce product. SSA recently competed its acquisition (February 2008) of a licensed NCOALink® vendor. Lorton Data won that competition. SSA has established electronic communications with Lorton Data, and has established Connect:Direct® with Secure Plus as the mandatory protocol for data exchanges. This product is used because of its high level data exchange security. Any vendor OCSE might chose would also be required to use that mandatory protocol as well. Lorton Data is conducting NCOALink® exchanges for SSA, and; therefore, already meets SSA’s data exchange requirements. Additionally, Lorton Data also meets SSA requirements regarding important OCSE considerations: security, protection of Personally Identifiable Information (PII) and background investigations of employees. Rate savings should be gained by eliminating redundancies and by capitalizing on SSA’s implementation of an NCOALink® exchange with Lorton Data. This would be especially important since the FPLS will have to duplicate the exchange methodology with Lorton Data that SSA has already setup with them. Additionally, SSA is considering changing its exchange protocol. The SSA contract requires the vendor to adopt any changes it may make. This would be very important to OCSE if a different vendor were procured. It is neither practical nor economic for OCSE to attempt to integrate additional communication lines within SSA or to require a potential additional vendor to supply expensive file exchange software for this purpose when the process has already been established by SSA. PERIOD OF PERFORMANCE: The period of performance shall be for a basic period of 3 months and 4 one year option period to coincide with the SSA’s contract. Basic Period: 11/7/2008 – 02/06/2009 Option Period One: 02/07/2009 – 02/06/2010 Option Period Two: 02/07/2010 – 02/06/2011 Option Period Three: 02/07/2011 – 02/06/2012 Option Period Four: 02/07/2012 – 02/06/2013 The Government may exercise options to extend the period of performance in accordance with FAR 52.217-9, upon written notification by the Contracting Officer within 30 days of contract expiration or within 30 days of funds becoming available for that fiscal year. STATEMENT OF WORK A. National Change of Address (NCOA) Processing - NCOALink® Over 40 million Americans change their address annually, which creates formidable obstacles in maintaining a high-quality mailing list. The NCOALink® product makes change-of-address information available to mailers to help reduce undeliverable mailpieces before mail enters the mailstream. The NCOALink® process consists of computer software purchased, leased or developed by the licensee to access the NCOALink® data. The United States Postal Service (USPS) certifies the process and licenses the NCOALink® product to private sector companies for commercial mail list processing or internal mail list management. Updated, computerized change-of-address information is provided on a regular basis to the NCOALink® licensees by the Postal Service. The NCOALink® process improves mail deliverability by providing mailers with current, standardized, delivery point coded addresses for individual, family, and business moves. The Office of Child Support Enforcement (OCSE) maintains the Federal Case Registry (FCR), which is a national database of child support cases. States transmit case information to the FCR on a daily basis, and receive data back. The FCR is housed at the Social Security Administration (SSA) National Computer Center (NCC). OCSE is pursuing a system enhancement that will provide change of address information to State Child Support Agencies who must send a large volume of mail to case participants. A significant amount of the mail generated by child support agencies is returned and or forwarded. Using the NCOALink® to keep up-to-date information on case participants will significantly reduce the cost of postage. A few state child support agencies have already entered into arrangements or are pursuing arrangements with the USPS or its licensed NCOALink® vendors to provide postmaster verifications or change of address information. The FPLS has authority under the law to obtain for child support agencies information pertaining to child support matters from federal data bases. The NCOA being a federal data base offers the FPLS the opportunity to consolidate state efforts and to obtain NCOA information cost effectively and efficiently through a single interface with to the NCOALink® database. To provide this service, the USPS licenses this function to qualifying vendors. The FPLS does not have control over the processing environment in which it operates, that is necessary to effectively interface with the USPS and qualify as an NCOALink® processor; therefore, it is the intent of the FPLS not to qualify itself with the USPS for this purpose, but to employ the services of a licensed NCOALink® database vendor as SSA currently does. The FCR does not maintain address information on participants. Therefore, states will send name and address information through FCR as needed for the express purpose of checking the address against the NCOALink®. This makes the states the list owners. The state requests would be collected and batched and sent to the NCOALink® vendor on a weekly basis. Responses from the vendor would be sent to the FPLS and forwarded back to the States weekly. States would review any change of address information, and decide for themselves whether to update their records with the changed address information. By providing this service, States would have the opportunity to reduce postal costs and expedite mail delivery. NCOALink® "processing" standardizes the addresses provided by a State Child Support Enforcement Agency (CSEA) to the FCR and presents the names and standardized addresses to the NCOA database. The USPS NCOA data base contains information on permanent address changes submitted to USPS by individuals, families and businesses within the last three (3) years. During NCOALink® processing, new address information will be forwarded to FCR who will then distribute to the appropriate state CSEA when there is an exact match between the name and current address on state records with the name and old address on the NCOA data base. All NCOA processing will be subject to the guidelines contained in USPS Publication 28, Postal Addressing Standards; USPS, Office of Address Information Systems, NCOALink® Licensee Performance Requirements; and the USPS NCOALink® Licensee Agreement with the vendor. B. Locatable Address Conversion System (LACS) (At the option of OCSE). LACS processing involves correcting address lists electronically for areas that have undergone permanent address conversions. The LACS database consists of address conversions that USPS has been able to obtain and verify. These conversions are rural route addresses which are being converted to street addresses, a process which began to enable emergency vehicles to locate the address more quickly when summoned. For this reason, the process is also referred to as "911 conversions." The record format that is attached for NCOA processing will also be used for LACS. C. Specifications Lorton Data shall submit written proof that they are currently authorized by USPS as an NCOALink® licensee. Immediately inform the FPLS if at any time during the term of the contract they: (1) are no longer authorized by USPS as an NCOALink® licensee or (2) have received notification that USPS will be canceling or suspending their NCOA authorization for any reason. Cancellation or suspension of the vendor's NCOALink® license by USPS will result in cancellation of the contract with the FPLS. Lorton Data shall submit with monthly invoices a summary of activity for each weekly period. This summary will include counts all records from which charges are calculated. All other charges will be detailed within the invoice. Lorton Data may only use personnel on this project that have passed background checks as part of their contract with SSA. See section E. of this document. Lorton Data must handle PII as outlined in section E. of this document. Lorton Data should take no action on FPLS requests that would jeopardize processing of SSA MBR files. The FCR will begin submitting names and addresses for NCOALink® processing beginning in November, 2008. Table I below represents the expected volumes over the period from November, 2008 to February 2013. The estimates are imprecise given that state Child Support offices will need to gear-up to utilize this service. Successful outcomes will encourage their participation. Usage will continue to grow over the several years planned for this project. SEE ATTACHMENT The vendor's NCOALink® processing of FPLS state requests shall: 1. Be consistent with the guidelines set out in USPS Publication 28. 2. Require the use of correct ZIP+4 Codes. 3. Result in an output list that is eligible for the lowest automated postage rates offered by USPS. 4. Provide the FPLS with matches identified during NCOALink® processing. 5. Utilize full standard NCOALink® processing. 6. Utilize the standard 200 character Client Input Record as input from OCSE and, for every record sent, return a standard NCOALink® Layout 800 record. 7. Complete the first NCOALink® match within 30 days of the contract award date. NCOALink® updates shall be submitted and completed weekly thereafter. 8. Complete the updates and forward the reports to the FPLS no more than (one) week after the receipt of the request file. 9. The vendor should take no action on FPLS requests that would jeopardize processing of SSA MBR files. D. Data Transmission and File Transfer Management System (FTMS): The FPLS shall provide the address verification file on a weekly basis to the contractor via wire transmission using the vendor’s connectivity with the SSA NCC and using the existing SSA File Transfer Management System (FTMS). SSA currently prescribes the use of CONNECT:Direct, a Sterling Commerce product. The contractor shall provide the capability to interface with SSA FTMS. When and if SSA makes changes in the transmission interface requirements, the contractor shall conform to those requirements. E. Contractor Responsibilities Regarding Personally Identifiable Information 1. Definitions The following terms are defined for the purposes of this clause: "Agency" means the Office of Child Support Enforcement (OCSE). "Employee(s)" means an employee(s) of either the contractor or subcontractor, as used in context that is working under this contract. "Handling PII" means having access, either currently or in the future, to personally identifiable information (PII), as defined in this clause. "Personally Identifiable Information" (PII): OCSE follows the definition of PII provided by the Office of Management and Budget in OMB Memorandum M-06-19: "Personally Identifiable Information means any information about an individual maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and information which can be used to distinguish or trace an individual's identity, such as their name, social security number, date and place of birth, mother's maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual." Other examples of PII may include: Social Security benefit data, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, home address, and medical information. Within this clause, "PII" shall specifically mean PII as defined above that: (1) the Government has a primary responsibility for protecting under this contract and (2) is made available to the contractor and/or any subcontractor, including their respective employees, in order to perform under this contract (e.g., under the contract, the Government directly furnishes PII to the contractor). "Secure Area" means a place or environment deemed by the Agency as secure for protecting PII. An example of a secure area is a secure duty station. 2. Contractor Employee Responsibility in Safeguarding PII The contractor shall inform its employees handling PII of their individual responsibility to safeguard it. In addition, the contractor shall, within reason, take appropriate and necessary action to: (1) educate employees on the proper procedures designed to protect PII, as described below and as otherwise approved by the Agency; and (2) enforce their compliance with the policy and procedures prescribed as follows: (a) General. Employees shall properly safeguard PII from loss, theft, or inadvertent disclosure. Employees are responsible for safeguarding this information at all times, regardless of whether or not the employee is at his or her regular duty station. Examples of proper safeguarding include, but are not limited to: not sharing one's password with others or writing it down, verifying the identity of individuals before disclosing information to them, preventing others in the area from viewing PII on one's computer screen, consistently locking or logging off one's workstation when one is away, and ensuring that PII is appropriately returned or, upon Government permission, destroyed when no longer needed. (b) Transporting Agency PII outside a Secure Area is prohibited. (c) The contractor will sign a “Confidentiality Agreement” with OCSE. This agreement details how agency data will be kept confidential. 3. Agency Procedures for All Contractor Employees for Reporting the Loss or Suspected Loss of PII The purpose of the process described below is to ensure that the Government's reporting requirements for lost or possibly lost PII are met and that incident information is shared appropriately. Therefore, along with its own internal procedures, the contractor shall educate its employees handling PII of the following Agency-prescribed procedures. The contractor shall otherwise, within reason, take appropriate and necessary action to enforce employees' compliance with these procedures. (a) When an employee becomes aware of an actual or suspected loss of PII under his/her possession, he/she shall provide immediate notification of the incident to the primary Government manager he/she works with in connection to the contract (for example, the Government project officer or Government task manager). Examples of incidences indicating actual or suspected loss of PII include missing equipment (including laptops, and removable storage devices such as USB flash or "thumb" drives, CDs, DVDs, etc.) and/or paper documents potentially containing PII, and knowledge that the employee sent PII via email. (b) If the primary Government manager is not readily available, the employee shall immediately notify, depending upon availability, one of two Government alternates designated by the primary Government manager for reporting such incidents. Prior to commencing work on the contract, the contractor shall furnish each of its employees with the name and contact information of the primary and alternate Government contacts. (c) The employee shall provide updates as they become available to the primary Government manager or the alternate, as applicable, but shall not delay the initial report. (d) The employee shall provide complete and accurate information about the details of the possible PII loss to assist the Government manager/alternate. The contractor employee shall include the following information: i. Contact information. ii. A description of the loss or suspected loss (i.e., nature of loss, scope, number of files or records, type of equipment or media, etc.) including the approximate time and location. iii. What safeguards were used, where applicable (e.g., locked briefcase, redacted personal information, password protected, encrypted, etc.). iv. Which OCSE components have been involved or affected. v. Whether any external organizations (i.e., other agencies, law enforcement, press, etc.) have been contacted or contacted the contractor employee. vi. Whether any other reports have been filed (i.e., Federal Protective Service, local poice, and OCSE reports). vii. Any other pertinent information. (e) Once the employee has notified the primary Government manager or his/her alternate, that manager or alternate will assume responsibility for making the formal report in accordance with Agency procedures. (f) There may be rare instances outside of business hours when the employee is unable to reach either the primary Government manager. In such a situation, the contractor employee shall call OCSE's first point of contact for systems or connectivity problems - Abe Klugman at 410-965-5635 or Dominic Perry at 410-966-4737 or Sue Young at 202-260-5981. (g) The employee shall limit disclosure of the information and details about an incident to only those with a need to know. 4. Applicability of this Clause to Subcontractors/Subcontractor Employees (a) The contractor shall include this clause in all resulting subcontracts whenever there is any indication that the subcontractor, engaged by the contractor, and their employees or successor subcontractor(s) and their employees will or might have access to PII. (b) The contractor shall, within reason, take appropriate and necessary action to assure that its subcontractor(s) and their employees or any successor subcontractor(s) and their employees with access to PII know the rules of conduct in protecting and reporting the loss or suspected loss of PII as prescribed in this clause. (c) Notification of Subcontractor Handling of PII. If the contractor engages a subcontractor under this contract whose employee(s) will be given or have access to PII, the contractor shall do the following: i. Notify in advance both the Government project officer and the Contracting Officer of this arrangement, providing the subcontractor name(s) and address(es) and, upon request, a description of the nature of the PII to which the employee(s) will be given/have access (e.g., phone numbers, Social Security numbers); and ii. Provide the Government project officer the names of the subcontractor employee(s) who will be assigned and/or have access to the PII. The contractor may satisfy this requirement when submitting the name(s) of the subcontractor employee(s) to the Government project officer for the requisite security background check described in Item number 5 below. 5. Contractor/Subcontractor Background Checks - Security Requirements Clause For each contractor and subcontractor employee handling PII, the contractor shall fulfill the requirements of the Security Requirements Clause to ensure that any such individual has the appropriate background checks. The contractor personnel working on this contract must have completed the background investigation as related to their work on their contract with SSA. SSA will provide the contractor with a written determination of suitability. A copy of the suitability determination shall be forwarded to the OCSE project officer. 6. The contractor as a certified licensee of the USPS must comply postal regulations regarding the handling of addresses being matched through the NCOALink. The licensee must enter into an agreement with the USPS that spells out the requirements of a licensee. The following sections are relevant to our requirements: 2.4. For the purposes of communicating with addressees on Licensee’s Mailing Lists and for the purpose of record-keeping, however, Licensee is permitted to retain Updated addresses so long as not used in violation of Section 2.3, for individuals and entities with whom it has or has had a business relationship, in connection with which it will use the Updated address; however, these Updated addresses may only be used by Licensee and Licensee may use them only for carrying out Licensee’s organizational purposes in connection with that individual or entity and may not transfer, disclose, license or distribute to, or be used by any other entity or individual whatsoever. 2.5. No proprietary Licensee Mailing List that contains or conveys both old and corresponding Updated address records, or any service product or system of lists that can be used to link or to convey old and corresponding Updated address records, if Updated by use of the NCOALink Product, shall be rented, sold, transferred, disclosed, made available, or otherwise provided, in whole or in part to Licensee’s customers or any other individual or entity. 2.6. The scope of this License does not permit any use of information, data, software, systems, Updates, or the like obtained or derived from or based on or incorporating directly or indirectly the Service Materials, in whole or in part, for any purpose inconsistent with this Agreement, including but not limited to creating or maintaining any derivative products that incorporate data obtained, directly or indirectly, from the Service Materials, either in whole or in part other than as expressly agreed to herein. 2.7. The scope of this Agreement does not permit Licensee, directly or indirectly, to rent, sell, distribute, transfer, disclose, or otherwise provide to anyone or any entity anything whatsoever that has, contains, conveys, or uses both old and corresponding new address information or that can be used to link old and corresponding new address information, if any portion is obtained from or processed using the NCOALink Product, except for Mailing Lists received from and being returned to Licensee’s customer together with the contemporaneous update in the regular course of providing Services to Licensee’s customers. 13.4. Licensee agrees to provide security for all Service Materials and the NCOALink Product that is equal to or greater than the level of security necessary for compliance with the USPS ADP Security Handbook (Handbook AS-805), a copy of which may be obtained from the USPS designated web site. 13.4.1. At all times, Licensee shall maintain (a) appropriate security controls to restrict access to the hardware, software (including the server and workstations), and data used in connection with NCOALink Product and to ensure a secure environment for maintaining that hardware, software, and data, (b) personnel and management policies sufficient to provide reasonable assurance of the trustworthiness and competence of its employees and the satisfactory performance of their duties and in accordance with all applicable laws, rules and regulations, and (c) appropriate computer and network security controls, including the use of reasonable security procedures which are sufficient to ensure that documents, notices and other information specified in this Agreement that are electronically created, communicated, processed, stored, retained, or retrieved are authentic, accurate, reliable, complete, and confidential, and that business records and data are protected from improper access. 13.5. To ensure the confidentiality of address information in the NCOALink Product, Licensee shall ensure that none of its employees or any other individual or entity disclose to any third party any address information obtained through use directly or indirectly of the NCOALink Product. 13.6. Licensee agrees to control and restrict any access to address information in or from the NCOALink Product to employees or other persons who need it to perform work for Licensee under this Agreement. 13.7. Due to the sensitive nature of the confidential and proprietary information contained in the Service Materials, Licensee acknowledges that unauthorized use and/or disclosure of Service Materials will irreparably harm USPS’s right to control its intellectual property. Accordingly, Licensee (a) agrees to reimburse USPS for any unauthorized use and/or disclosure at a rate of treble (3) times the current annual fee charged to Licensee under this License Agreement or treble the total revenue Licensee obtained through its used of the Service Materials during the period of breach, whichever amount is greater, and (b) consents to such injunctive, equitable or other monetary relief as a court of competent jurisdiction may deem proper. The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following provisions apply to this acquisition: 52.212-1 Instructions to Offerors—Commercial Items (JUN 2008) 52.212-3 Offerors Representations and Certifications—Commercial Items (JUN 2008). Offerors must complete annual representations and certifications on line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Offerors Representations and Certifications—Commercial Items.” If an offeror has not completed the annual representations and certifications electronically at the ORCA Web site, the offeror shall complete only paragraphs (c) through (m) of this provision. 52.212-4 Contract Terms and Conditions—Commercial Items. (Oct 2008) The following clauses apply to this acquisition: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Oct 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] __ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(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. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (13) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). X__ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(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)). __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). __ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (31) 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). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(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.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). __ (7) 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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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.
 

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