AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 7

PAGE OF PAGES

1 12

2. AMENDMENT/MODIFICATION NO.

PS 11

3. EFFECTIVE DATE

See Block 16C

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY

GSA/FAS/SBGWAC Center (QTACC) 1500 E. Bannister Road Kansas City, MO 64131

7. ADMINISTERED BY (If other than Item 6)

same as block 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

() 9A. AMENDMENT OF SOLICITATION NO.

American Veterans, LLC

2 Brittany Lane 9B. DATED (SEE ITEM 11):

Stafford, VA 22554 10A. MODIFICATION OF CONTRACT/ORDER NO.

GS-06F-0524Z

CODE FACILITY CODE 10B. DATED (SEE ITEM 13)

December 19, 2006

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ ] The above numbered solicitat ion is amended as set forth in Item 14. The hour and date specif ied for receipt of Offers [ ] is extended, [ ] is not extended.

Offers must acknow ledge receipt of this amendment prior to the hour and date specif ied in the solicitat ion or as amended, by one of the follow ing methods:

(a) By complet ing Items 8 and 15, and returning copies of the amendment; (b) By acknow ledging receipt of this amendment on each copy of the of fer submit ted; or

(c) By separate let ter or telegram w hich includes a reference to the solicitat ion and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this

amendment you desire to change an of fer already submit ted, such change may be made by telegram or let ter, provided each teleg ram or let ter makes reference to the

solicitat ion and this amendment, and is received prior to the opening hour and date specif ied.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying

off ice, appropriat ion date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

43.103(a), Agreement of the Parties

D. OTHER (Specify type of modif icat ion and authority)

E. IMPORTANT: Contractor [ ] is not, [XXX] is required to sign this document and return 1 copies to the issuing off ice.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this modification is to:

A. Update contract provisions/clauses

B. Add contract provisions/clauses

C. Delete contract provisions/clauses

D. Formalize hand corrections from the May 2010 modification

***END OF SUMMARY*** Continued on page 2 … Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Janna L. Babcock, Contracting Officer

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contract ing Off icer)

16C. DATE SIGNED

NSN 7540-01-152-8070

STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE

CODE CODE

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Continued from page 1 …

A. Update contract provisions/clauses

A. (1) The following provisions or clauses currently identified in the contract as incorporated by

reference have been updated to provide the most current iteration. The deleted version of the provision or

clause is listed in the “From” Date column, the added provision or clause is listed in the “To” Date. Six

items are listed.

I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

CLAUSE NO. TITLE From To

52.204-7 CENTRAL CONTRACTOR REGISTRATION FEB 2012 AUG 2012

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

FEB 2012 AUG 2012

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009 JUL 2012

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS

FEB 2007 AUG 2012

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS ALT I (Deviation 1 – FEB 2007)

FEB 2007 AUG 2012

I.2.1 ACQUISITION OF COMMERCIAL ITEMS AT THE TASK ORDER LEVEL (APR 2010) CLAUSE NO. TITLE From To

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS Alternate I

FEB 2012 AUG 2012

A. (2) FAR 52.212-5 and its Alternate II are updated as listed below.

CLAUSE NO. TITLE From To

I.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

APR 2012 AUG 2012

52.212-5 ALTERNATE II DEC 2010 JUL 2012

I.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTESOR EXECUTIVE ORDERS–COMMERCIAL ITEMS (AUG 2012

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ______ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78)

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(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 (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

______ (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 (Aug 2012) (Pub. L. 109-282).(31 U.S.C. 6101 note).

______ (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__X__ (6) 52.209-6,Protecting the Government's Interest When Subcontracting with ContractorsDebarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101note).

__X__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

__X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112–74, section 740 of Division C of Pub. L. 111–117, section 743 of Division D of Pub. L. 111–8, and section 745 of Division D of Pub. L. 110–161).

__X__ (9) 52.219-3 , Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a).

______ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

______ (11) [Reserved]

__X__ (12) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

______ (ii) Alternate I (Nov 2011) of 52.219-6.

______ (iii) Alternate II (Nov 2011) of 52.219-6.

______ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

______ (ii) Alternate I (Oct 1995) of 52.219-7.

______ (iii) Alternate II (Mar 2004) of 52.219-7.

__X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

______ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

______ (ii) Alternate I (Oct 2001) of 52.219-9.

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______ (iii) Alternate II (Oct 2001) of 52.219-9.

______ (iv) Alternate III (Jul 2010) of 52.219-9.

__X__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

______ (18) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

______ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

______ (ii) Alternate I (June 2003) of 52.219-23.

______ (20) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

______ (21) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__X__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__X__ (24) 52.219-29, Notice of Set-Aside for EconomicallyDisadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr2012) (15 U.S.C. 637(m)).

__X__ 25) 52.219-30, Notice of Set-Aside for Women-OwnedSmall Business (WOSB) Concerns Eligible Under the WOSB Program (Apr2012) (15 U.S.C.637(m)).

__X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X__ (27) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

__X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__X__ (30) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

__X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__X__ (32) 52.222-37, Employment Reports on Veterans (Sept 2010) (38 U.S.C. 4212).

__X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X__ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 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.)

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______ (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.)

__X__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__X__ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__X__ (ii) Alternate I (Dec 2007) of 52.223-16.

__X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

______ (39) 52.225-1, Buy American Act – Supplies (Jun 2003) (41 U.S.C. 10a-10d).

__X__ (40)(i) 52.225–3, Buy American Act–Free Trade Agreements–Israeli Trade Act (May 2012) (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 and 112-42).

______ (ii) Alternate I (Mar 2012) of 52.225-3.

______ (iii) Alternate II (Mar 2012) of 52.225-3.

______ (iv) Alternate III (Mar 2012) of 52.225-3.

______ (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (42) 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).

______ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

______ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

______ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

______ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__X__ (47) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

______ (48) 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

______ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

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__X__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X__ (51) (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.]

__X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

______ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

______ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__X__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__X__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

______ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__X__ (8) 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 –

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (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 $650,000 ($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) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40Notification ofEmployee Rights Under the National Labor Relations Act (Dec 2010) (E.O.13496).Flow down required in accordance with paragraph (f) of FAR clause52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ______ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

Alternate II (Jul 2012). Substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of

the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have

access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions

relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

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(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down

shall be as required by the clause—

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI,

Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8

in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 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.

(H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,

Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—

Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(L) 52.222-54, Employment Eligibility Verification (Jul 2012).

(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(N) 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.

(End of clause)

A. (3) There are three miscellaneous full text clause revisions.

Changes/additions in the contract are denoted by a border line in the right margin and underlined.

Additions/updates to clauses incorporated by reference are denoted by bold underline.

Deletions are denoted by strike out.

A. (3) (a) The last sentence of Clause C.10 is revised to show the current web location of the small

business size standards in lieu of listing the size standard and add a date to the clause.

C.10 NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODES (OCT 2012)

The following NAICS codes are applicable to the VETS GWAC.

541512 Computer Systems Design Services 541511 Custom Computer Programming Services 541513 Computer Facilities Management Services 541519 Other Computer Related Services 518210 Data Processing, Hosting, and Related Services 611420 Computer Training

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All the above mentioned codes are applicable to both Functional Areas of the VETS GWAC. This procurement is set-aside for small businesses. For the purposes of the VETS GWAC contract the primary NAICS Code is designated as 541512. The current size standard for NAICS Code 541512 is $21.0 million.at www.sba.gov/sizestandards.

(End of clause)

A. (3) (b) Clause G.9 is revised to have the website addresses listed alongside the names ITSS and Ebuy

(which are two of the most used fair opportunity channels) in paragraph (6) and add a date to the clause.

G.9 TASK ORDERS (OCT 2012)

At a minimum, the following paragraphs shall be applicable to all Task Orders (TO) issued under this Contract. Additional requirements may be specified in each TO. Any supplies and services to be furnished under this contract shall be ordered by issuance of written Task Orders. All Task Orders issued under this contract shall be issued in accordance with FAR 16.505 Ordering and the following:

(1) OCOs and contractors must develop a complete integrated understanding of the contract. Certain topics are repeated in various contract sections, often with unique content in each.

(2) All costs associated with preparation, presentation, submission and/or discussion of the Task Order proposals and quotations will be at the contractor's expense (at no direct cost to the government).

(3) No work shall be performed and no payment shall be made except as authorized by a Task Order.

(4) A Task Order is issued when the Government transmits the Task Order to the contractor.

(5) Orders will be within the scope of the contract, will be issued within the period of performance, will be within the maximum value of the contract and will follow the fair opportunity process.

(6) Orders will be placed with the contractor selected by the ordering Agency following established ordering procedures. Orders may be placed using any channel that provides fair opportunity. Such channels/systems as ITSS, https://portal.fas.gsa.gov), e-buy (www.gsa.gov/ebuy or https://www.ebuy.gsa.gov/),and a contractor provided e-mail account (that remains constant for the life of the GWAC, so it shouldn’t in one person’s name, but rather a general e: mail for the firm, perhaps one set up specifically for this purpose), and facsimile are viable. Contractors shall maintain their registrations and accounts in the various systems identified by GSA as “fair opportunity channels”, and should diligently monitor them for opportunities. This applies to GSA E-Library too, although it is not a fair opportunity channel. The Government reserves the right to select a single fair opportunity channel after award if it deems it is in its best interest.

(7) Only an authorized and delegated OCO can issue an order under this contract.

(8) All costs associated with post issuance order administration (including applicable personnel cost allocations by TO) shall not be chargeable to the Government as a direct cost. The Contractor is responsible for determining the most appropriate method for inclusion of such costs in indirect pools based on its standard accounting practices.

(End of clause)

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A. (3) (c) Clause G.9.2 needed to have the additional exceptions to fair opportunity that have been

updated at FAR 16.505.

G.9.2 EXCEPTIONS TO THE FAIR OPPORTUNITY PROCESS (OCT 2012) Orders may be issued on a sole-source basis whenever circumstances warrant the exercise of any exception set forth in FAR Subpart 16.505(b)(2). In accordance with FAR 16.505(b)(2) fair opportunity need not apply to orders that are under $2,500, and is excepted for service orders above $2,500 where the Contracting Officer determines that:

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. (2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. (3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. (4) It is necessary to place an order to satisfy a minimum guarantee. (5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. (6) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

As with any decision under the fair opportunity process, OCO must document the use of any exception to the Fair Opportunity Process. Certain Agencies may place additional Agency requirements for use of an exception to the fair opportunity process. In all instances the Agency or the Agency conducting the fair opportunity process on behalf of another Agency, must fulfill the requiring Agency’s additional requirements for use of an exception and the documentation required.

(End of clause)

B. Add contract provisions/clauses

B. (1) These FAR clauses are added to I.2 52.252-2 CLAUSES INCORPORATED BY

REFERENCE (FEB 1998) and are incorporated by reference.

CLAUSE NO.

TITLE DATE FP TM/ LH

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA

JAN 1997 x x

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA, ALTERNATE I

JUL 1995 x x

52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION, ALTERNATE I

MAY 2011 x x

52.223-5 POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION, ALTERNATE II

MAY 2011 x x

52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITONERS

MAY 2011 x x

52.232-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL COMPUTER PRODUCTS, ALTERNATE I

MAY 2011 x x

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

MAY 2011 x x

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B. (2) FAR clause 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS is added to section I as listed below:

I.17 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of clause)

B. (3) Clause H.34 PROVISIONS INCORPORATED BY REFERENCE AT ORDER LEVEL is added

to replace “H.34 Removed May 2010”

H.34 PROVISIONS INCORPORATED BY REFERENCE AT ORDER LEVEL (OCT 2012) Task Orders may incorporate one or more provisions 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 provision may be accessed electronically at this address: https://www.acquisition.gov/far/index.html.

The following provisions apply at the Order level, as applicable, depending upon the contract type of the Task Order, or as specifically referenced in the applicable Order:

CLAUSE NO.

TITLE DATE FP TM/ LH

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

OCT 2010 X X

C. Delete contract provisions/clauses or information as shown below

C. (1) Delete clauses from I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

CLAUSE NO. TITLE DATE FP TM/ LH

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003 x x

52.232-7 Payments under Time and Materials and Labor hour Contracts ALTERNATE I

FEB 2007 x

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C. (2) Delete words “(FAR Clauses Below in Blue were updated by modification in September 2010)”

from I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

I.2 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/gsam/gsam.html

FAR (48 CFR Chapter 1) Clauses Incorporated by Reference-(FAR Clauses Below in Blue were updated by modification in September 2010)

D. Formalize hand corrections from the May 2010 modification:

CLAUSE NO.

TITLE DATE COMMENT

552.228-5 GOVERNMENT AS ADDITIONAL INSURED MAY 2009 This clause was added to the contract in the May 2010 modification to I.3 GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM), INCORPORATED BY REFERENCE, but numbered incorrectly. It was corrected by hand.

552.228-70 WORKERS’ COMPENSATION LAWS SEP 1999 This clause was removed from the contract in the May 2010 modification.

The changes in this modification are at no cost to either party.

All other terms and conditions remain unchanged.

***END OF MODIFICATION***