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D--Satellite Television Services

Department of the Navy, Naval Supply Systems Command | Published November 17, 2015  -  Deadline November 18, 2015
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Fleet Logistic Center, Norfolk Detachment Philadelphia intends to acquire a satellite television services in support of the Joint Forces Staff College (JFSC) located in Norfolk, VA. The Government intends to solicit and negotiate with only one source under the authority of section 4202 of the Clinger-Cohen Act of 1996, as implemented by FAR 13.501 (a), a Sole Source Acquisition under the authority of the test program for certain commercial items. The service is required to provide a custom bundled satellite television content at the JFSC to be maintained on a 24/7 timeframe. Additionally, JFSC has an agreement with VBRick to allow them to redistribute the DirectTV signals using their licenses from VBrick. Based on Market Research, it was determined that Spectrum Systems is the only vendor providing a custom package for the selected channels required by JFSC. This procurement is being conducted as a commercial item acquisition in accordance with FAR Part 12, using Subpart 13.5 test program procedures. Award of a firm fixed contract is anticipated. All required deliverables shall be furnished within 30 days after date of contract award. The applicable North American Industry Classification System (NAICS) Code and size standard for this procurement is 517110. Interested persons may identify their interest and capability to respond to the requirement by sending challenges to Kiya Plummer-Dantzler at kiya.plummerdantzler@navy.mil. This notice of intent is not a request for competitive proposals. However, all challenges to this sole source determination received within 3 days after date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete this proposed contract 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.

Purchase/installation of Closed Circuit Television Cameras

Department of Homeland Security, Office of the Chief Procurement Officer | Published March 20, 2015  -  Deadline April 20, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSHQE5-15-Q-00001 is issued as a request for proposal (RFP) and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76 and its supplements. This acquisition is a 100% small business set-aside; the associated North American Industrial Classification System (NAICS) code for this procurement is 561621 with a small business size standard of $20M. Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS) is issuing this competitive Request for Quote (RFQ) for the purpose of awarding a purchase order. This purchase order will be for the purchase and installation of a Closed Circuit Television (CCTV) Security Surveillance System at the General Services Administration (GSA) Anthony J. Celebreeze Federal Building located at 1240 East Ninth Street, Cleveland, Ohio, in accordance with the attached Statement of Work (SOW) dated February 14, 2013. Schedule Of Item(s) - Responsible offerors shall provide a Firm Fixed Price (FFP) for the items described below: Contract Line Item Number (CLIN) 0001: • Contractor to provide all equipment, supplies, tools, supervision and labor necessary to purchase and install security systems as described in the attached Statement of Work (SOW), dated February 14, 2013. • Offerors shall include itemized pricing for the system components • Offerors shall include specifications of all proposed equipment within their quotes • All work shall be completed no later than 30 days from issuance of notice to proceed. A highly recommended site visit (see term and condition titled, Site Visit Attendance) has been scheduled at 10:00 a.m. EST on March 31, 2015. For security purposes and access to the site visit, please submit names of all attendees to the site visit to Pat Eckler (Patricia.a.eckler@associates.hq.dhs.gov) no later than March 27, 2015 at 12:00 p.m. CST. All attendees will be required to complete and return a DHS Form 11000-06 Non-Disclosure Agreement before being granted access to the site visit. Questions submission: Questions related to this RFP shall be received, via email, to Patricia.a.eckler@associates.hq.dhs.gov not later than April 3, 2015 12:00 am CST. It is the Contractor's responsibility to ensure that questions are received by the Contracting Department within the required timeframe. Answers to questions will be provided to all offerors on FedBizOpps.gov an amendment to the solicitation. FOB: Destination The following list of provisions and clauses apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATION--COMMERCIAL ITEMS (MAR 2015) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (DEC 2014) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE (MAR 2015) All provisions and clauses will be provided in the attached documents: HSHQE5-15-Q-00001 All prospective offerors must obtain a DUNS number, have an "active" CAGE Code, and maintain Online Representations and Certifications Application at https://www.sam.gov/portal/public/SAM/ in order to transact business with the Government. Failure to comply with the above mentioned regulations will result in an award to the next otherwise successful registered offeror. All proposals must be e-mailed to Patricia.a.eckler@associates.hq.dhs.gov before the closing date and time: April 20, 2015 12:00 am CST). Fax copies will not be accepted. The primary Point of Contact for this requirement is: Pat Eckler, (817) 649-6209 or Patricia.a.eckler@associates.hq.dhs.gov. All current and/or future information about this acquisition, i.e., amendments, purchase specification, and Q&A's will be distributed through FBO. Therefore, interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

Closed-Circuit Television (CCTV) System, Stokes US Cthse, Cleveland, OH

Department of Homeland Security, Office of the Chief Procurement Officer | Published July 29, 2015  -  Deadline August 28, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSHQE5-15-Q-00012 is issued as a request for proposal (RFP) and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76 and its supplements. This acquisition is a 100% small business set-aside; the associated North American Industrial Classification System (NAICS) code for this procurement is 334290 with a small business size standard of 750 employees. Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS) is issuing this competitive Request for Quote (RFQ) for the purpose of awarding a purchase order. This purchase order will be for the purchase and installation of closed-circuit television (CCTV) system, which will include providing and installing upgrades and repair to the existing CCTV system, as well as re-configuring the current design of the CCTV system monitors, recording devices of the current layout in the command center at the Stokes United States Courthouse located at 801 West Superior Ave, Cleveland Ohio 44113-1829, in accordance with the attached Statement of Work (SOW) dated February 12, 2015. Schedule Of Item(s) - Responsible offerors shall provide a Firm Fixed Price (FFP) for the items described below: Contract Line Item Number (CLIN) 0001: • Contractor to provide all equipment, supplies, tools, supervision and labor necessary to purchase and install security systems as described in the attached Statement of Work (SOW), dated February 12, 2015. • Offerors shall include itemized pricing for the system components • Offerors shall include specifications of all proposed equipment within their quotes • All work shall be completed no later than 30 days from issuance of notice to proceed. A highly recommended site visit (see Solicitation Provisions titled, Site Visit Attendance) has been scheduled at 10:00 a.m. local time on August 10, 2015. For security purposes and access to the site visit, please submit names of all attendees to the site visit to Pat Eckler (Patricia.a.eckler@associates.hq.dhs.gov) no later than August 7, 2015 at 4:30 p.m. CST. All attendees will be required to complete and return a DHS Form 11000-06 Non-Disclosure Agreement before being granted access to the site visit. Questions submission: Questions related to this RFP shall be received, via email, to Patricia.a.eckler@associates.hq.dhs.gov not later than August 12, 2015, 4:30 p.m CST. It is the Contractor's responsibility to ensure that questions are received by the Contracting Department within the required timeframe. Answers to questions will be provided to all offerors on FedBizOpps.gov an amendment to the solicitation. FOB: Destination The following list of provisions and clauses apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATION--COMMERCIAL ITEMS (MAR 2015) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (May 2015) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE (May 2015) All provisions and clauses will be provided in the attached documents: HSHQE5-15-Q-00012. All prospective offerors must obtain a DUNS number, have an "active" CAGE Code, and maintain Online Representations and Certifications Application at https://www.sam.gov/portal/public/SAM/ in order to transact business with the Government. Failure to comply with the above mentioned regulations will result in an award to the next otherwise successful registered offeror. All proposals must be e-mailed to Patricia.a.eckler@associates.hq.dhs.gov before the closing date and time: August 28, 2015, 4:30 p.m CST). Fax copies will not be accepted. The primary Point of Contact for this requirement is: Pat Eckler, (817) 649-6209 or Patricia.a.eckler@associates.hq.dhs.gov. All current and/or future information about this acquisition, i.e., amendments, purchase specification, and Q&A's will be distributed through FBO. Therefore, interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

Purchase/installation of Closed Circuit Television Cameras

Department of Homeland Security, Office of the Chief Procurement Officer | Published July 14, 2015
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Link To Document

CCTV/IDS Upgrade Lakewood, CO

Department of Homeland Security, Office of the Chief Procurement Officer | Published February 5, 2015
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Synopsis for IDS/CCTV SYSTEM UPGRADE Request for Quote (RFQ) HSHQW8-15-Q-00001 The US Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS) intends to solicit and award a firm-fixed-price contract for the purchase and upgrade of an existing Intrusion Detection System and Close Circuit Television System at 155 Van Gordon Street, Lakewood, CO. This acquisition is being solicited as a 100% small business set aside. The North American Industry Classification System (NAICS) code is 561621. The source selection process to be utilized for this acquisition is best value. The submission requirements and evaluation criteria will be defined in the Request for Quotation (RFQ). The Period of Performance is 45 business days after the receipt of the Notice to Proceed. The Contractor shall provide all labor, material, management, supervision, training, licenses, and permits to provide the services in accordance with the Statement of Work (SOW). No contract award shall be made to any contractor that does not have an active registration in the System for Award Management at such time as the government is prepared to make an award. All contractors interested in providing a proposal for this acquisition are invited to attend a walk through at the facility listed above. The date and instructions for the walk through will be specified in the RFQ. This is a synopsis only, NO DOCUMENTS HAVE BEEN POSTED AT THIS TIME. The RFQ documents should be posted by Friday, February 6, 2015.

IDS and CCV Installation

Department of Homeland Security, Office of the Chief Procurement Officer | Published August 3, 2015  -  Deadline August 24, 2015
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The US Department of Homeland Security (DHS), National Protection and Program Directorate (NPPD), Federal Protective Service (FPS) intends to solicit and award a firm-fixed price contract for the purchase, delivery, installation and integration of a new digital Closed-Circuit Television (CCTV) and Intrusion Detection System (IDS) at the Claude Pepper Federal Building, 51 1st Ave, Miami, FL. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is HSHQE4-15-Q-00008. The North American Industry Classification System (NAICS) code for this acquisition is 561621 with a small business size standard of $20.5 M. Please identify your business size in your response based upon this standard. In order to view the solicitation files, contractors must request explicit access through Federal Business Opportunities website http:// www.fbo.gov/. By requesting explicit access, contractors are consenting to the terms of the DHS form 11000-6 (08-04), "Non-Disclosure Agreement", attached hereto. Any questions regarding the request for explicit access should be addressed to the fbo.gov federal service help desk. Request for Quotation (RFQ): Quotes in response to this RFQ are to be submitted to Contract Specialist, Lauren Walding, at Lauren.Walding@hq.dhs.gov. The overall price quote shall be submitted using the RFQ Standard Form 18. A price breakdown shall also be included with the SF 18. All contractors interested in providing a quotation for this project are invited to attend a walk-through of the facility at the address listed above. The walk-through will take place on August 12, 2015 at 9:00 am ET. Vendors interested in attending the walk-through shall email the Contract Specialist at Lauren.Walding@hq.dhs.gov no later than August 7, 2015 at 12:00 pm ET. Questions should be submitted to Lauren.Walding@hq.dhs.gov by August 17, 2015 by 12:00 pm ET.

CCV & IDS Installation-Asheville, NC

Department of Homeland Security, Office of the Chief Procurement Officer | Published July 7, 2015  -  Deadline July 24, 2015
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The US Department of Homeland Security (DHS), National Protection and Program Directorate (NPPD), Federal Protective Service (FPS) intends to solicit and award a firm-fixed price contract for the purchase, delivery, installation and integration of a new digital Closed-Circuit Television (CCTV) and Intrusion Detection System (IDS) at the Veach-Baley Federal Building, 151 Patton Ave, Asheville, NC. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is HSHQE4-15-Q-00007. The North American Industry Classification System (NAICS) code for this acquisition is 561621 with a small business size standard of $20.5 M. Please identify your business size in your response based upon this standard. In order to view the solicitation files, contractors must request explicit access through fedbizopps.gov. Once this access is requested, please send the attached Non-Disclosure form to kim.m.cardinali@hq.dhs.gov. Access will be granted upon receipt of the signed Non-Disclosure form. Request for Quotation (RFQ): Quotes in response to this RFQ are to be submitted to Contract Specialist, Kim Cardinali, at kim.m.cardinali@hq.dhs.gov. The overall price quote shall be submitted using the RFQ Standard Form 18. A price breakdown shall also be included with the SF 18. All contractors interested in providing a quotation for this project are invited to attend a walk-through of the facility at the address listed above. The walk-through will take place on July 15, 2015 at 1:00 pm ET. Vendors interested in attending the walk-through shall email the Contract Specialist at kim.m.cardinali@hq.dhs.gov and lauren.walding@hq.dhs.gov no later than July 10, 2015 by 12:00 ET. Questions should be submitted to kim.m.cardinali@hq.dhs.gov and Thomas.schrank@hq.dhs.gov by July 17, 2015 by 12:00 pm ET.

CCV & IDS Systems Installation-Asheville, NC

Department of Homeland Security, Office of the Chief Procurement Officer | Published May 21, 2015  -  Deadline June 5, 2015
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The US Department of Homeland Security (DHS), National Protection and Program Directorate (NPPD), Federal Protective Service (FPS) intends to solicit and award a firm-fixed price contract for the purchase, delivery, installation and integration of a new digital Closed-Circuit Television (CCTV) and Intrusion Detection System (IDS) at the Veach-Baley Federal Building, 151 Patton Ave, Asheville, NC. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is HSHQE4-15-Q-00005. The North American Industry Classification System (NAICS) code for this acquisition is 561621 with a small business size standard of $20.5 M. Please identify your business size in your response based upon this standard. In order to view the solicitation files, contractors must request explicit access through fedbizopps.gov. Once this access is requested, please send the attached Non-Disclosure form to kim.m.cardinali@hq.dhs.gov. Access will be granted upon receipt of the signed Non-Disclosure form. Request for Quotation (RFQ): Quotes in response to this RFQ are to be submitted to Contract Specialist, Kim Cardinali, at kim.m.cardinali@hq.dhs.gov. The overall price quote shall be submitted using the RFQ Standard Form 18. A price breakdown shall also be included with the SF 18. All contractors interested in providing a quotation for this project are invited to attend a walk-through of the facility at the address listed above. The walk-through will take place on May 28, 2015 at 10:00 am ET. Vendors interested in attending the walkthrough shall email the Contract Specialist at kim.m.cardinali@hq.dhs.gov no later than COB May 26, 2015. Questions should be submitted to kim.m.cardinali@hq.dhs.gov by June 1,2015 by 12:00 pm ET.

CCTV Security System

Department of Homeland Security, Office of the Chief Procurement Officer | Published March 26, 2015  -  Deadline April 30, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSHQE5-15-Q-00004 is issued as a request for proposal (RFP) and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76 and its supplements. This acquisition is a 100% small business set-aside; the associated North American Industrial Classification System (NAICS) code for this procurement is 561621 with a small business size standard of $20M. Department of Homeland Security (DHS), National Protection and Programs Directorate (NPPD), Federal Protective Service (FPS) is issuing this competitive Request for Quote (RFQ) for the purpose of awarding a purchase order. This purchase order will be for the purchase and installation of a Closed Circuit Television (CCTV) Security Surveillance System at the Military Entrance Processing Station (MEPS) at 5541 Herbert Lord Road, Indianapolis, Indiana in accordance with the attached Statement of Work (SOW) dated January 26, 2015. Schedule Of Item(s) - Responsible offerors shall provide a Firm Fixed Price (FFP) for the items described below: Contract Line Item Number (CLIN) 0001: • Contractor to provide all equipment, supplies, tools, supervision and labor necessary to purchase and install security systems as described in the attached Statement of Work (SOW), dated January 26, 2015. • Offerors shall include itemized pricing for the system components • Offerors shall include specifications of all proposed equipment within their quotes • All work shall be completed no later than 60 calendar days from date of order. A highly recommended site visit (see term and condition titled, Site Visit Attendance) has been scheduled at 1:00 p.m. EDT on April 2, 2015. For security purposes and access to the site visit, please submit names of all attendees to the site visit to Paul Szymanski (paul.szymanski@hq.dhs.gov) no later than April 1, 2015 at 12:00 p.m. CST. All attendees will be required to complete and return a DHS Form 11000-06 Non-Disclosure Agreement before being granted access to the site visit. Questions submission: Questions related to this RFP shall be received, via email, to paul.szymanski@hq.dhs.gov not later than 6 April 2015 12:00 am CST. It is the Contractor's responsibility to ensure that questions are received by the Contracting Department within the required timeframe. Answers to questions will be provided to all offerors on FedBizOpps.gov an amendment to the solicitation. FOB: Destination The following list of provisions and clauses apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATION--COMMERCIAL ITEMS (MAR 2015) 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (DEC 2014) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE (MAR 2015) All provisions and clauses will be provided in the attached documents: HSHQE5-15-Q-00004 All prospective offerors must obtain a DUNS number, have an "active" CAGE Code, and maintain Online Representations and Certifications Application at https://www.sam.gov/portal/public/SAM/ in order to transact business with the Government. Failure to comply with the above mentioned regulations will result in an award to the next otherwise successful registered offeror. All proposals must be e-mailed to paul.szymanski@hq.dhs.gov before the closing date and time: 30 April 2015 at 12:00 pm (CST). Fax copies will not be accepted. The primary Point of Contact for this requirement is: Paul Szymanski, (817) 649-6208 or paul.szymanski@hq.dhs.gov. All current and/or future information about this acquisition, i.e., amendments, purchase specification, and Q&A's will be distributed through FBO. Therefore, interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

Private Security Services

Other Defense Agencies, U.S. Special Operations Command | Published October 18, 2015  -  Deadline November 6, 2015
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This is a combined synopsis/solicitation for services prepared in accordance with (IAW) the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested, and a separate written solicitation will not be issued. All offerors shall have an active registration in the Joint Contingency Contracting System (JCCS) at https://www.jccs.gov/olvr/ prior to the date/time specified for receipt of Quotes, to include an active NATO CAGE code. For JCCS questions or issues relating to JCCS, Offerors may contact the JCCS Helpdesk at jccs.support@gmail.com, DSN: 312-327-2038, COMM: 703-607-2038. The requirement is unrestricted. Small Business Size Standard: a) NAICS: 561612 b) Dollars: $20.5M This requirement is for contractor furnished personnel and equipment to perform uninterrupted (24 hours per day: 7 days per week) security service and support the contractor workforce at Mazar-e-Sharif, Afghanistan and all current and future operating locations in Afghanistan. By submission of its offer, the Offeror agrees to hold prices in its offer firm for 60 calendar days from the date specified for receipt of quotes. Quotations shall be submitted electronically via email to tiffany.jones@socom.mil AND charles.cryoskie@socom.mil no later than close of business (Afghanistan Local Time) 6 November 2015. All proposals must be submitted in U.S. Dollars (USD). The following clauses are applicable to this solicitation (current through Federal Acquisition Circular 2005-83 dated 2 July 2015): FAR CLAUSE TITLE DATE 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal OCT 2010 Transactions 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors-Commercial Items OCT 2015 52.212-4 Terms and Conditions--Commercial Items MAY 2015 52.216-7 Allowable Cost and Payment JUN 2013 52.216-11 Cost Contract--No Fee APR 1984 52.222-29 Notification of Visa Denial APR 2015 52.223-6 Drug-free Workplace MAY 2001 52.225-14 Inconsistency Between English Version and Translation FEB 2000 of Contract 52.229-6 Taxes--Foreign Fixed Price Contracts FEB 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.237-2 Protection of Govt Bldgs, Eq, and Vegetation APR 1984 52.237-3 Continuity of Services JAN 1994 52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204.7000 Disclosure of Information AUG 2013 252.204-7004 Alternate A, System for Award Management FEB 2014 252.204-7012 Safeguarding of Unclassified Controlled Technical SEP 2015 Information 252.209-7004 Subcontracting w/Firms that are Owned or Controlled by OCT 2015 Gov't of a Terrorist Country 252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition on Storage and Disposal of Toxic and SEP 2014 Hazardous Materials 252.222-7007 Representation Regarding Combating Trafficing in JAN 2015 Persons 252.225-7005 Identification of Expenditures in the US JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes of Duties JUN 1997 252.229-7001 Tax Relief SEP 2014 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel 252.237-7019 Training for Contractor Personnel Interacting with JUN 2013 Detainees 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing on Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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. ___ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (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 Representation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __X_ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (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. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (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. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 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). _X__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). _X__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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) 52.222-17, 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 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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. (iii) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). _X__ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 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.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 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. (xviii) 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 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 60 days prior to the end of the period of performance. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 36 months. (End of Clause) 52.222-50 -- Combating Trafficking in Persons. Combating Trafficking in Persons (Mar 2015) Alternate I (Mar 2015). As prescribed in 22.1705(a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause: (a) Definitions. As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization. "Coercion" means- (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Commercially available off-the-shelf (COTS) item" means-- (1) Any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. "Forced labor" means knowingly providing or obtaining the labor or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not- (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-- (A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or (B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-- (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-- (A) Legally permitted to remain in the country of employment and who chooses to do so; or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation; (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor shall- (1) Notify its employees of- (i) (i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and (B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below: Document Title Document may be obtained from: Applies to Performance in/at: General Order 1c Attachment Afghanistan (ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of- (i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in- (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation. (1) The Contractor shall, at a minimum- (i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not- (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from- (A) Conducting an internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that- (i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (ii) Has an estimated value that exceeds $500,000. (2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate- (i) To the size and complexity of the contract; and (ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance. (iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that- (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and (ii) After having conducted due diligence, either- (A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that- (A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and (B) Has an estimated value that exceeds $500,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause. (End of clause) 52.228-3 -- Workers Compensation Insurance (Defense Base Act) (JUL 2014) (a) The Contractor shall-- (1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed; (2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203); (3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232); (4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419); (5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251); (6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234); (7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914 (c) and (g), 20 CFR 702.234 and 702.235); and (8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704. (b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm. (c) The Contractor shall insert the substance of this clause including this paragraph (c), in all subcontracts to which the Defense Base Act applies.(End of Clause) (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://www.arnet.gov/far/ or http://farsite.hill.af.mil/ (End of Clause) 52.252-6 -- Authorized Deviations in Clauses. As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(Deviation)" after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any [FARS, DFARS, AFARS, SOFARS] (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) 252.225-7039 DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JAN 2015) (a) Requirements. The Contractor shall- (1) Register in the Synchronized Predeployment and Operational Tracker (SPOT)- (i) Weapons to be carried by or available to be used by personnel performing private security functions; and (ii) Armored vehicles, helicopters, and other vehicles operated by personnel performing private security functions; and (2) Comply with ANSI/ASIS PSC.1-2012, American National Standard, Management System for Quality of Private Security Company Operations-Requirements with Guidance (located at www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF). (b) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (b), in subcontracts, including subcontracts for commercial items, when private security functions will be performed outside the United States in areas of- (1) Contingency operations; (2) Combat operations, as designated by the Secretary of Defense; (3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense upon agreement of the Secretary of State; (4) Peace operations, consistent with Joint Publication 3-07.3; or (5) Other military operations or military exercises, when designated by the Combatant Commander. (End of clause) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. As prescribed in 225.372-2, use the following clause: ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015) (a) Definition. "United States," as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from (Contracting Officer to insert applicable information cited in PGI 225.372-1). (End of clause) 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP 2015) (a) The Contractor shall- (1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities; (2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov - (i) Prior to subcontract award; and (ii) At least on a monthly basis; and (3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract. (b) The Head of the Contracting Activity has the authority to- (1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or (2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. (ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively. (c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas. (End of clause) 252.225-7994 Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION [2015-O0013]) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not- (1) Subject to extortion or corruption; or (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000. 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2015-O0009)(JAN 2015) (a) Definitions. As used in this clause- "Combatant Commander" means the Commander of the United States Central Command Area of Responsibility. "Contractors authorized to accompany the Force," or "CAAF," means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States. "Designated reception site" means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites. "Law of war" means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.
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