TRAINING AND READINESS EXERCISE SUPPORT

This is a COMBINED SYNOPSIS/SOLICITATION for commercial services for the U.S. Marine Corps Forces, Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in FAR Subpart 12.6, Subpart 13 and Subpart 15 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number is H92257-18-Q-0103 and is being issued as a Request for Quotes (RFQ). The RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97, effective January 24, 2018 and DFARS Publication Notice (DPN) 201800504 effective on May 04, 2018. The associated North American Industrial Classification System (NAICS) code for this requirement is 611699 with a size standard of 11 Million. The proposed acquisition is set aside 100% for small businesses. It is the Government's intent to award a single Firm Fixed Price (FFP) type contract on an "all or none basis" to satisfy this requirement. SCHEDULE OF SUPPLIES CLIN ITEM QTY UNIT 0001 Training Readiness Exercise support Exercise Scripting, mentor support and Ground surveillance team in accordance with the Statement of Work Attached. Period of Performance: July 23 through - July 29, 2018. 1 LOT 0002 Intelligence Surveillance and Reconnaissance (ISR) ISR support in accordance with paragraph 4.1 of the Statement of Work attached. 1 EA The provision at FAR 52.212-1, Instructions to Offerors - Commercial applies to this acquisition and is amended as follows: 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS a. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate. b. The term "offeror" or "offer" as used in FAR 52.212-1 shall be understood to mean "quoter" and "quote," respectively. Further, the term "award" shall be understood to describe the Government's issuance of an order. c. The following paragraphs in FAR 52.212-1 shall not apply to this RFQ: a, b, c, f (except f(4), and i. d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable. e. SUBMISSION PACKAGE d. FAR 52.212-3-Offeror Representations and Certifications-Commercial Items. An offeror shall complete only paragraphs (b) of this provision if the offer has completed the annual representations and certificates electronically via http://www.acquisition.gov/ if an offer has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offer shall complete only paragraph (c) through (o) of this provision, technical, and other information needed for evaluation. See FAR Provision at 52.212-3 1. Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected. 2. Offerors must provide the following information in their quote: Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate. ? The Offeror's Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number. ? Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote. ? Fill-In Clauses: provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract. ? Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable. ? Specific Quote validity period (required minimum is 60-days). For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated below. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt. (3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the Offeror's understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section. The quote shall be a complete response to Attachment 1 - Statement of Work and the requirements of this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below. (4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote. Quote Format and Content. Electronic quotes shall contain separate files for each of the volumes. Individual emails shall not exceed 10 MB. The quote page format will be 8 1/2" x 11" except for fold-outs used for charts, tables, or diagrams, which may not exceed 11" x 17". A page is defined as one face of a sheet of paper containing information. Type shall not be less than 10 pitch. Elaborate formats or color presentations are not desired or required. Failure to provide all required documents may render the quote unacceptable. Quote submission requirements are the following: The evaluation will consist of an evaluation of the Qualifying Criteria and the Factors outlined below. After completion of the evaluation, the Government may establish a competitive range and conduct discussions. The Government reserves the right for efficiency purposes to only include the most highly rated proposals in the competitive range. Factor I Technical (Volume I): This volume shall be prepared IAW the evaluation criteria below, Evaluation Factors for Award. Quotes shall address the Offeror's technical capabilities to accomplish the work by providing specific narrative details and/ or description of actual methods, processes and procedures for providing the services described in Attachment 1 - Statement of Work. General statements that the Offeror understands the requirement and shall comply with the requirements of the RFQ will be considered inadequate. Offerors are cautioned not to rephrase or restate the Government's requirements in the quote, but furnish convincing narratives describing "how" they intend to meet these requirements. The Offeror shall limit the Technical Volume to 20 pages (individual resumes shall be limited to 3 pages, and resumes do not count towards page limit). This volume shall include: Factor II Past Performance. (Volume II): Qfferors should provide at least two (2) prior or current contracts/agreements for similar scoped projects performed during the previous three (3) years. The submitting offeror should submit relevant and recent past performance similar in scope and magnitude in this combined synopsis/solicitation. Include contract/agreement number, period of performance, reference name, reference telephone number, reference e-mail, and contract/agreement information. The Government will evaluate each offeror's past performance on the basis of the references provided during the past three years previous (recent) and the relevance to the work that will be required under the resultant contract. Vendor format is acceptable. The Past Performance (Volume III) shall be limited to 10 pages. Recent and Relevant Contracts. Recent is defined as an action within the past three (3) years. Relevancy will be determined based on contract references reflecting past and present performance over the past three (3) years which is relevant to scope and magnitude of the requirement contain in this synopsis/solicitation, and attached SOW. Factor III Price (Volume III): The Offeror shall provide a Volume III, which shall include Attachment 2, fully completed. There is no page limit to this volume. Proposals shall not contain classified information. FAR 52.212-2 - EVALUATION--COMMERCIAL ITEMS (a) The Government intends to award a Firm Fixed Price type contract to the responsible vendor whose overall quote represents the best value after evaluation in accordance with the factors in the solicitation. To arrive at a selection decision, the Contracting Officer will perform an integrated assessment using the evaluation factors described in this combined synopsis/solicitation. This may result in award being made to the higher rated, potentially higher priced quote(s) where the decision is consistent with the evaluation factors. The following factors will be used to evaluate quotes and are in descending order of importance; Technical, Past Performance and Price. When combined technical and past performance, are significantly more important than price. (a) Factor 1 Technical. The Offerors approach to performing contract requirements and its capability to successfully perform the contract in accordance with Statement of Work. Evaluation of this factor will focus on the strengths, weaknesses, and deficiencies of the quote. a. Sub Factor 1: Personnel Qualifications - The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties and personnel shall possess appropriate clearance in accordance with Statement of Work. b. Sub factor 2: Technical Capability - Offerors shall provide a detailed quote response that shows it meets the statement of work for this requirement. This includes but is not limited to syllabus, vendor facilities that include pictures, pictures of aircraft, pilot licenses, airworthy certificates of the aircraft to be provided in support of this requirement and adherence to the period of performance. c. Technical Ratings - The following ratings will be applied to Factor 1 during evaluations. These ratings will also be assigned as an overall evaluated rating of the quote. d. When conducting evaluations of Factor 1, the below definitions will be utilized: I. Strength: An aspect of the quote that increases the likelihood of successful contract performance. II. Weakness: A flaw in the quote that increases the risk of unsuccessful contract performance. III. Deficiency: An aspect of the quote that fails to meet a Government requirement or a combination of weaknesses in the quote that increases the risk of unsuccessful contract performance to an unacceptable level. (b) Factor 2: Past Performance. The Government will evaluate Past Performance based on the submission required in the provision 52.212-1 identified above. In evaluating Past Performance, the Government will consider how recent and relevant the past performance references are to the requirements contained in the combined synopsis/solicitation and SOW, the risk to successful performance, and the Government's confidence in the Offeror's ability to successfully perform the solicited requirements. In the case of an offeror without a record of recent or relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance (i.e., Unknown Confidence (Neutral) will be assigned). a. When making relevancy determinations, the below definitions will be utilized: b. To be considered recent, past performance must have been performed no more than three (3) years prior to the closing date of this RFQ. c. Past Performance Ratings - The following ratings will be applied to Factor 2 during evaluations. (c) Factor 3: Price. The evaluated price will be determined using the maximum quantities in Attachment 2. The offeror's quoted price will be evaluated per FAR 13.106-3(a). Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote. (b) The Government intends to award solely on the information contained in the quote and intends to award without discussions. The Government reserves the right to conduct discussions if deemed necessary. Closing Date and Time: Responses to this solicitation are due no later than 4:30 p.m. PST on Friday June 08, 2018. Quotes shall be emailed to Jainer Aguilar at jainer.aguilarbenavides@socom.mil. Please reference the solicitation number on your quote. Offerors should confirm receipt with the Contracting Officer. ATTN: GySgt Aguilar, Jainer East MARSOC Way, Building 4100365 MCB Camp Pendleton Camp Pendleton CA, 92055 Email: jainer.aguilarbenavides@socom.mil Telephone : 760-763-8963 Fax: 760-725-2323 52.252-2 -- Clauses Incorporated by Reference. Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): ( http://farsite.hill.af.mil/ or https://www.acquisition.gov/far/ CLAUSES INCORPORATED BY REFERENCE FAR 52.204-2 Security Requirements Aug 1996 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Jul 2013 FAR 52.204-16 Commercial and Government Entity Code Reporting Jul 2015 FAR 52.204-18 Commercial and Government Entity Code Maintenance July 2015 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Dec 2014 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-3 Notice of Set-Aside of Orders Nov 2011 FAR 52.222-22 Previous Contracts and Compliance Reports Feb 1999 FAR 52.232-39 FAR 52.233-4 Unenforceability of Unauthorized Obligations Applicable Law for Breach of Contract Claim Jun 2013 Oct 2004 FAR 52.243-1 ALT II Changes-Fixed Price Aug 1987 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.253-1 Computer Generated Forms Jan 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to inform Employees of Whistleblower Rights Sep 2011 DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials Nov 2011 DFARS 252.203-7997 (Dev) Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements - Representation Oct 2015 DFARS 252.204-7000 Disclosure of Information Aug 2013 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Nov 2003 DFARS 252.204-7005 Oral Attestation of Security Responsibilities Nov 2001 DFARS 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls Dec 2015 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2015 DFARS 252.215-7007 Notice of Intent to Resolicit June 2012 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.232-7003 Electronic Submission of Payment Request and Receiving Reports Jul 2014 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.244-7000 Subcontracts for Commercial Items June 2013 CLAUSES INCORPORATED BY FULL TEXT 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 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (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] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (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-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Sept 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 (July 2014) (29 U.S.C. 793). ____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (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) 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. ____ (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 (June, 2016) (E.O. 13693). ____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (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[supreg]-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 (June, 2016) (E.O. 13693). ____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (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). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (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 (July 2013) (31 U.S.C. 3332). ____ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 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: (Contracting Officer check as appropriate.) _____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). X (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (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) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination 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 su...