Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 02, 2017 FBO #5670
MODIFICATION

V -- Hotel & Lodging Residency for 22 Participants

Notice Date

5/31/2017
 

Notice Type

Modification/Amendment
 

NAICS

721110 — Hotels (except Casino Hotels) and Motels
 

Contracting Office

Department of Transportation, Office of the Secretary (OST) Administration Secretariate, Volpe National Transportation Systems Center, 55 Broadway, Kendall Square, Cambridge, Massachusetts, 02142-1093, United States
 

ZIP Code

02142-1093
 

Solicitation Number

DTRT5717Q80082
 

Archive Date

6/23/2017
 

Point of Contact

Cathryn C. Oliva-Simmons, Phone: 6174942145
 

E-Mail Address

cathryn.oliva.simmons@dot.gov
(cathryn.oliva.simmons@dot.gov)
 

Small Business Set-Aside

N/A
 

Description

Type Combined Synopsis/Solicitation Solicitation No. DTRT5717Q80082 Title Hotel & Lodging Residency for 22 Participants Classification Code V -- Transportation, travel, & relocation services NAICS Code 721110 Hotels (except Casino Hotels) and Motels Recovery and Reinvestment Act Action No Point of Contact Cathryn Oliva-Simmons cathryn.oliva.simmons@dot.gov (617) 494-2415 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation No. DTRT5717Q80082 is issued as a Request for Quotation (RFQ). This solicitation is being conducted in accordance with the policies and procedures prescribed in FAR Part 12, Acquisition of Commercial Items and 13.5, Simplified Procedures for Certain Commercial Items. The Government's intention is that a single firm-fixed price award will be made from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, 2005-95 effective January 19, 2017. The NAICS Code is 721110 and the Small Business size standard is $32.5M. This combined synopsis/solicitation notice is for Full and Open Competition in accordance with FAR Part 12 and 13.5. A bilateral signature on the Purchase Order (PO) will be required. Acceptance of the PO by the contractor will consummate a binding contract between the parties before the contractor undertakes performance. The U.S. Department of Transportation, Office of the Assistant Secretary for Research and Technology, John A.Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, intends to issue a solicitation for twenty-two (22) guestrooms from Sunday July 9, 2017 through Saturday August 12, 2017 for 22 foreign visitors to attend a workshop at the Volpe Center for 5 weeks. These visitors have unique cultural needs that demand specific accommodation requirements as described in the Statement of Work. PERIOD OF PERFORMANCE The period of performance will be from Sunday, July 9, 2017 through Saturday August 12, 2017. PRICING The Offeror shall provide pricing for the following Contract Line Item Numbers (CLINs) in a written quotation: CLIN 0100 The Contractor shall provide lodging for nine (9) persons, from Sunday 9 July, 2017 through Saturday 12 August, in proximity to the Volpe Center Qty: 306 Room nights Unit Price $______________ Total Price CLIN 0100 $_______________ CLIN 0200 OPTION LINE ITEM: The Contractor shall provide lodging for up to thirteen (13) additional persons from Sunday 9 July, 2017 through Saturday 12 August, in proximity to the Volpe Center Qty: 442 Room nights Unit Price $______________ Total Price CLIN 0200 $_______________ Total Price for CLIN 0100 and CLIN 0200 $________________________ Statement of Work 1.0 Background: The Volpe Center operates within the Office of the Secretary of Transportation Office of the Assistant Secretary for Research and Technology. The Volpe Center provides research, analysis and systems capability to DOT and other agencies requiring expertise in national transportation and logistics programs. The Volpe Center, on behalf of the United States Department of Defense will be conducting a workshop in an effort to support the sustainability of partner-nation sponsored maritime surveillance systems. 2.0 Statement of Work: Lodging for twenty-two (22) rooms is required continuously from Sunday July 9, 2017 through Saturday, August 12, 2017. However, at this time, funding is only available to support nine (9) of these rooms. Consequently this requirement is divided into 2 separate Line Items as described below. CLIN 0100 will be exercised upon contract award. The optional CLIN 0200 will be exercised as soon as funds are available. Confirmed reservations for all 22 rooms is necessary upon contract award, although only 9 of the rooms will be funded at time of award via CLIN 0100. 2.01 CLIN 0100: The Contractor shall provide nine (9) rooms from Sunday, July 9, 2017 through Saturday August 12, 2017. 2.02 CLIN 0200: OPTION LINE ITEM The Contractor shall provide up to thirteen (13) additional rooms within 3/4 of a mile of the US Department of Transportation, Volpe National Transportation Systems Center, 55 Broadway, Cambridge, MA from Sunday, July 9, 2017 through Saturday August 12, 2017. 2.1. Requirement Specifications: 2.1.1 The hotel shall be no more than no more than.75 miles (walking distance) from 55 Broadway, Cambridge, MA. Alternatively, the contractor shall provide guaranteed group shuttle service to/from Volpe Center (Monday - Friday) based on the following times: • Depart the hotel at a time to arrive at the Volpe Center by 8:15am daily. • Pick up at the Volpe Center at 11:30am for a return to the hotel (for lunch). • Depart the hotel at a time to arrive back at the Volpe Center by 12:50pm • Pick-up at the Volpe Center at 4:45pm for the return to the hotel. 2.1.2 The requirement is for up to twenty (22) rooms. The contractor shall make these rooms available at a rate not greater than the Federal Fiscal Year 2017 per diem rate of $262.00 per night, billed to the Volpe Center. 2.1.3 The hotel rooms will be furnished with kitchen amenities at a minimum that include: a refrigerator, microwave oven, cook top stove /conventional oven, dishwasher, microwave oven, pots & pans, utensils, serving dishes, and silverware. Internet services shall be included as part of the room rate. 2.1.4 Each occupant will be responsible for his/her own incidental charges secured by either a credit card or a refundable cash deposit of no more than $100.00. All incidental charges incurred are to be paid upon checkout by the attendees. 2.1.5 The Government will not be liable for any local or long distance telephone calls made by the occupants. The Contractor shall be responsible for the collection of telephone bills for calls made by the occupants. 2.1.6 The Government assumes no liability for damage caused by the occupants. The Contractor shall be responsible for resolving any damage claims caused by an occupant; and, the Contractor shall be responsible for notifying the Volpe Center Technical Point of Contact of any claims against an occupant and the nature of the incident not later than 24 hours after the incident. 2.1.7 At least 21 days prior to attendee arrival the Volpe Center will provide a tentative occupant rooming list to the contractor; however due to circumstances beyond the control of the Volpe Center (visa and US entry arrival issues) we will be unable to confirm the final number of rooms until 7 days prior to arrival. Cancellation of rooms up to 7 days prior to arrival shall not result in any cancellation costs. 2.1.8 In order to be awarded a government Contract, the successful contractor must be registered in The System for Award Management (SAM) an official website of the U.S. government. https://www.sam.gov. There is no cost to use SAM. Registration is free. 2.2 SUSTAINABLE ACQUISITION REQUIREMENTS To the maximum extent possible and consistent with FAR Part 23 and during the performance of the work under this SOW, the Government requires the Contractor to provide or use products that are energy efficient (ENERGY STAR® or Federal Energy Management Agency Program-designated), water-efficient, biobased, environmentally preferable (e.g., EPEAT-registered or non-toxic or less toxic alternatives), non-ozone depleting, or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an Environmental Protection Agency (EPA)-designated or US Department of Agriculture-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work or incorporated during its construction, renovation, or maintenance. 2.3 Period of Performance: Sunday, July 9, 2017 through Saturday August 12, 2017. (End of Statement of Work) 3.0 Terms & Conditions This solicitation incorporates one or more provisions or 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 address: https://www.acquisition.gov/?q=browsefar (FAR) http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar (TAR) http://one10.dot.gov/office/ost/ospe/TAMwiki/Home.aspx (TAM) The following FAR provisions and clauses are incorporated by reference: 52.212-1 Instructions to Offerors-Commercial Items Jan 2017 Additional INSTRUCTIONS TO OFFERORS: The Offeror's proposal shall include: a. Detailed room description and hotel amenities. This can be either written or be in the form of a hotel brochure/pamphlet. Electronic format (PDF) is acceptable; b. Distance from Volpe (55 Broadway, Cambridge); c. Description of proposed shuttle method (if necessary); d. Pricing in accordance with formatting in Section titled PRICING above; in accordance with the Statement of Work. The offer should be addressed to the following: U.S. Department of Transportation, Volpe National Transportation Systems Center, Attn: Cathryn Oliva-Simmons, V-222, 55 Broadway, Cambridge, MA 02142. The signed offer must be submitted via e-mail to cathryn.oliva.simmons@dot.gov. The time for receipt of offers is 3:00 PM Eastern Time on 6/08/2017. A bilateral signature on the Purchase Order (PO) will be required. Acceptance of the PO by the contractor will consummate a binding contract between the parties before the contractor undertakes performance. All Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically using the System for Award Management (SAM) accessible via http://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (o) of this provision. The Offeror is reminded that if it completes its annual representations and certifications electronically in SAM it must update its representations and certifications as necessary, but at least annually, to ensure they are kept current, accurate, and complete. All Contractors must be registered in SAM in order to receive an award from a DOT Agency. No telephone requests will be honored. The Government will not pay for any information received. 52.212-3 Offeror Representations and Certifications - Commercial Items Jan 2017 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 52.252-2 Clauses Incorporated By Reference Feb 1998 Addendum to FAR Clause 52.212-4 - Contract Terms and Conditions- Commercial Items (FEB 2007) The following FAR Provision and FAR Clauses also apply to this Request for Quote and are attached in their entirety: 52.203-98, 52.203-99, 52.232-40, 52.212-2, 52.217-5, 52.217-7 and 52.212-5. 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) FEB 2015 (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 7 43 of Division E, Title VI I, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) 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, in order of importance shall be used to evaluate offers: 1) Compliance with stated requirements. 2) Clear description room block to be reserved (number of rooms, type(s) of rooms. 3) Hotel proximity to Volpe and/or ability to satisfy required DAILY shuttle service, and method for guaranteeing compliance with dates/times required. 4) Price. (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) The Contracting Officer requires written acceptance (signature) of the purchase order by the contractor in order to consummate a binding contract between the parties and before the contractor undertakes performance. (End of Provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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: __ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X_ (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). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] __¬¬_ (14) (i) 52.219-6, Notice of Total Small Business 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. ___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (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 (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 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 (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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.) _X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. _X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (37) (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.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (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. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. _X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 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). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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: ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (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). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (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 upon receipt of funding which may be prior to the award. Delivery of added items shall continue at the same rate that like items are called for under the contract. (End of Clause) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) The following Transportation Acquisition Regulations (TAR) clauses are included: TAR 1252.242-73 Contracting Officer's Technical Representative OCT 1994 (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer. (End of clause) Modification 0001 changes In the Pricing section "Tiny_mce _ maker" to a "$"
 

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