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RAF Croughton A&FRC Family Services Consultant

Department of the Air Force, US Air Force Europe | Published July 10, 2015  -  Deadline August 14, 2015
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 as supplemented with additional information included in this notice. This requirement is for RAF Croughton A&FRC Family Services Consultant

Finance and Operations Support Consultant

UNDP HQ/BPPS - New York - UNITED STATES OF AMERICA | Published October 10, 2016  -  Deadline October 26, 2016
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The purpose of this procurement exercise is to contract an individual consultant who will be responsible for the provision of financial, administrative, travel, and other operational support required for the operational and financial activities primarily of the UN SDG Action Campaign, the 2030 Agenda project and also other projects under the Strategic Policy Unit, such as New Deal, Taxes without Borders, G20, research/workshops. Details are provided in the Terms of Reference as advertised on UNDP job site VA # 68989. Interested bidders are requested to submit their application using the following link: VA # 68989 as per the instruction in the notice and using templates provided.

Office of Education Support Services

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published September 16, 2015
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September 16, 2015 Prospective Offerors: The purpose of this posting is to provide preliminary information on the Department of Commerce (DOC)/National Oceanic and Atmospheric Administration's (NOAA) current plans to solicit a Request for Proposal (RFP) for Administrative, Education, Facilitation/Consultant, Outreach, and Technical Support Services for the NOAA Office of Education (OED). Please note that DOC/NOAA is in the final stages of planning, however, any information provided within this pre-solicitation is subject to change without notice. This information is being provided in an effort to improve industry understanding of OED's approach to the forthcoming Administrative, Education, Facilitation/Consultant, Outreach, and Technical Support Services (Office of Education Support Services) Contract. NOAA's Office of Education (OED) provides advice and counsel to the Under Secretary of Commerce for Oceans and Atmosphere in matters pertaining to education. The office, in conjunction with the Education Council, coordinates educational activities across NOAA and develops NOAA's Education Strategic Plan and policy. These efforts help to ensure that NOAA's education programs and activities are based on NOAA science and support the agency's cross-cutting priority of promoting environmental literacy. The NOAA OED directly implements and manages scholarship programs aimed at fostering American competitiveness in science by providing quality educational opportunities for the next generation. The Office of Education also offers competitive grant programs at the national and regional level to promote environmental literacy efforts through collaboration with external partners. The primary objective of this acquisition is to establish a single-award contract with an experienced Contractor capable of providing Office of Education Support Services, per the solicitation's Statement of Work (SOW), for the NOAA OED. The Contractor shall be established as part of the North American Industry Classification System (NAICS) 541990 prior to the submission of a proposal. This requirement is a 100% Small Business set-aside. It is DOC/NOAA's intent to issue a Contract pursuant to the OED Support Services solicitation sometime during January 2016. The solicitation period will be open for approximately thirty (30) days. Please note that DOC/NOAA does not anticipate meeting in person with any prospective Offerors once the solicitation is released. No inquiries will be responded to in regards to the pre-solicitation. Any questions and comments pertaining to this requirement shall be provided within the stated time period, and format, established in the solicitation. Thank you for your attention and continued interest in the OED Support Services procurement.

Empirica Suite Consultation and Support Services

Department of Health and Human Services, Food and Drug Administration | Published August 8, 2016  -  Deadline August 19, 2016
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The FDA is looking to acquire Empirica Suite Consultation and Support Servivces for a base year with four (4) 1-year option periods. 

Environmental Services Consultation, OL-N Site

Department of the Army, U.S. Army Corps of Engineers | Published December 7, 2015
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This action was awarded as an 8(a) Sole Source Set-Aside under the authority of section 8(a) of the Small Business Act. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, and supervision necessary to perform environmental support services for the Department of the Air Force inlcluding Program Management, Environmental Programming and Planning Support, Project Oversight Support, Environmental Compliance, National Environmental Policy Act Environmental Impact, and Knowledge Operations Support.

Native American Consultation, OL-N, Nevada

Department of the Army, U.S. Army Corps of Engineers | Published September 3, 2015
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PERFORMANCE WORK STATEMENT FOR NATIVE AMERICAN CONSULTATION SITE OL-N Solicitation W912PP-15-T-0140 PART 1 GENERAL INFORMATION 1.0 General: This is a non-personnel service, Performance-based Acquisition (PBA) to provide Native American Consultation services for the Department of the Air Force (DAF). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Native American Consultation services for the DAF as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract. 1.2 Background: This project is composed of several tasks that facilitate Native American consultation. Native American tribal member participation is defined as "individuals with specialized knowledge" who are required in the identification process for mission compliance under 36 CFR Part 800. 1.3 Objectives: The Native American Consultation objective of this contract includes the following three consultation tasks. • Task 1 - Document Reviews Consultation • Task 2 - Native American Graves Protection and Repatriation Act (NAGPRA) Consultation • Task 3 - Native American Field Consultation 1.4 Scope: The contractor shall accomplish the tasks listed above by providing the following types of services that are described in more detail in Section 5.0. • Consultation with the Consolidated Group of Tribes and Organizations (CGTO's) site cleared Native American Coordinator (NAC). • Consultation with tribal representatives. • Support for NAC participation in archaeology surveys. 1.5 Period of Performance: The period of performance shall be for 12 months following the Purchase Order award. 1.6 General Information 1.6.1 Place of Performance: The work to be performed under this contract will be performed within the location(s) designated as OL-N. 1.6.2 Type of Contract: The Government will award a Firm Fixed-Priced Performance-Based contract for the services described herein. 1.6.3 Hours of Operation: The contractor is responsible for conducting business between the hours of 0600 and 1800 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the Government facility is closed for the above reasons. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS and when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential. 1.6.4 Recognized Holidays: The following holidays are recognized as Federal holidays and Government offices will not be open New Year's Day Labor Day Martin Luther King Jr.'s Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day 1.6.5 Quality Control (QC): The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QCP is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall provide the Contracting Officer (KO) or Contracting Officer's Representative (COR) a copy of his Quality Control Plan upon request. After acceptance of the quality control plan the contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system. 1.6.6 Quality Assurance (QA: The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum satisfactory performance thresholds. 1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a Top Secret security clearance with Single Scope Background Investigation (TS/SSBI) at time of the proposal submission, and must maintain the level of security required for the life of the contract. 1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. 1.6.7.2 Key Control: Not applicable. 1.6.7.3 Lock Combinations: Not Applicable 1.6.8 Special Qualifications: The possession and retention of a Top Secret security clearance with Single Scope Background Investigation (TS/SSBI) shall be a condition of employment for all Contractor personnel involved in the performance of this Contract. In addition, all Contractor personnel must also satisfactorily meet the additional OL-N security testing requirements. The Contractor shall submit these documents prior to site access. 1.6.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer's Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Contracting officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 1.6.10 Contracting Officer's Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract. The COR and Point of Contact (POC) for this requirement will be: Michael Bone U.S. Army Corps of Engineers 4101 Jefferson Plaza NE Albuquerque, NM 87112 Phone: 505-342-6297 Email: Michael.j.bone@usace.army.mil 1.6.11 Key Personnel: The follow personnel are considered key personnel by the Government: Contract Manager. The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 0600 to 1800, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: The possession and retention of a Top Secret security clearance with Single Scope Background Investigation (TS/SSBI) shall be a condition of employment for all Contractor personnel involved in the performance of this Contract. In addition, all Contractor personnel must also satisfactorily meet the additional OL-N security testing requirements. The Contractor shall submit these documents prior to site access. 1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall be required to obtain and wear badges in the performance of this service. 1.6.13 Contractor Travel: Contractor may be required to travel CONUS during the performance of this contract to attend meetings, conferences, and training. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. 1.6.14 Other Direct Costs (ODC): This category includes travel (outlined in 1.6.13), reproduction, and shipping expenses. 1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI. 1.6.17 Phase In/Phase Out Period: Not applicable. 1.6.18 Safety: 1.6.18.1 U.S. Army Corps of Engineers' Safety and Health Requirements Manual, EM 385-1-1 and OSHA Requirements: The contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the contract award. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 "Safety and Occupational Health". The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards. 1.6.18.2 Zero Accident Program: The Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero contractor injuries. To attain this goal it will be necessary for the contractor management personnel to communicate to the workers an expectation of zero injuries; that it is no longer acceptable to take chances; that shortcuts taken because of laziness or even while trying to do an efficient job are no longer welcomed; that praise for shortcuts or chance-taking will not exist. It is imperative that contractor management clearly sets forth the expectation for zero injuries so that the workers can begin to believe that the company is truly serious about safety. From the standpoint of worker psychology, zero is the only supportable goal. In attaining zero-injury performance, there is no substitute for the concept of setting and communicating safety performance expectations to the workers. 1.6.19 Pricing and Payment: The price for each of the tasks described on the Price Schedule shall include all costs including project management costs and profit pertaining to that particular task. The Contractor may invoice for partial performance of a task (including partial performance of any unit-priced task, if applicable) when that task is being performed in compliance with all applicable contract requirements in a manner found acceptable by the Government, and the amount due for any such partial performance (for purposes of FAR § 32.906, Making Payments, and the clause at FAR § 52.232-1, Payments) shall be subject to approval by the Contracting Officer's Representative (COR) based on the recommendation of the KO. The Contractor shall submit invoices by email to the COR for approval and payment from the Government by the 10th of each month. For purposes of determining whether an invoice has been properly submitted, the COR shall be responsible for determining whether any task has been completed or is being completed in compliance with all applicable contract requirements and what percentage of the task has actually been completed. However, the Contractor shall remain responsible for Quality Control and maintaining an inspection system, as specified in the contract. Invoices shall include all the necessary information, including any necessary supporting documentation, and will be based on the work completed for each specific task under this Project. The invoice shall be submitted in pdf format concurrently to: Department of the Army US Army Corps of Engineers Finance Center 5722 Integrity Drive Millington, TN 38054-5005 CEFC-L4invoices@usace.army.mil and USACE, Albuquerque COR Michael Bone michael.j.bone@usace.army.mil During the performance of this Project, the Government shall make monthly progress payments based on the invoices submitted for the work completed and found to be acceptable by the Government. No modification of the contract shall occur without coordination and approval by the Contracting Officer (KO). PART 2 DEFINITIONS & ACRONYMS 2.0 Definitions and Acronyms: 2.1 Definitions: 2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime. 2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government. 2.1.3 Contracting Officer's Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement. 2.1.5 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports. 2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. 2.1.7 Physical Security: Actions that prevent the loss or damage of Government property. 2.1.8 Quality Assurance (QA): The Government procedures to verify that services being performed by the contractor are performed according to acceptable standards. 2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. 2.1.10 Quality Control (QC): All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor. 2.1.12 Work Day: The number of hours per day the contractor provides services in accordance with the contract. 2.1.12 Work Week: Monday through Friday, unless specified otherwise. 2.2 Acronyms: ACOR Alternate Contracting Officer's Representative ADR Albuquerque District Regulations AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAP Corrective Action Plan CCE Contracting Center of Excellence CDR Contract Discrepancy Report CFR Code of Federal Regulation CGTO Consolidated Group of Tribes and Organizations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer's Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DAF Department of the Air Force DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EM Environmental Management FAR Federal Acquisition Regulation GFP/GFE Government-Furnished Property/Government-Furnished Equipment HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Assurance KO Contracting Officer LS Lump Sum NAC Native American Coordinator NAGPRA Native American Graves Protection and Repatriation Act OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OL-N Other Location - Nevada OPSEC Operations Security PIPO Phase In/Phase Out PM Project Manager POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASF Quality Assurance Monitoring Form QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SPD South Pacific Division TE Technical Exhibit USACE United States Army Corp of Engineers PART 3 GOVERNMENT FURNISHED PROPERTY, ITEMS AND SERVICES 3.0 Government Furnished Property, Items and Services: 3.1 Services: Travel, housing and meals associated with OL-N archaeological surveys will be provided by the Government. 3.2 Facilities: The Government will provide office space as necessary to support the project. 3.3 Utilities: The Government will provide landline telephones that are available for local and long distance calls solely associated with the completion of tasks that are required as part of this PWS. Water and electricity will be provided as part of the Contractor's use of the Government-furnished office space. 3.4 Equipment: The Government will provide office equipment such as computers, furniture, printers, copier, and a scanner as necessary to support the project. 3.5 Materials: The Government will make accessible to the Contractor all previous developed reports and studies as well as historic documents necessary to complete this Project. PART 4 CONTRACTOR FURNISHED ITEMS, SERVICES, AND RESPONSIBILITIES 4.0 Contractor Furnished Items and Responsibilities: 4.1 General: The Contractor shall furnish all qualified personnel, labor, training, management, supervision, equipment including personal protective equipment, supplies, materials, and other items and non-personal services listed below and necessary to perform all services stated in this PWS, except for those items listed under Part 3 Government Furnished Property, Items and Services. 4.2 Top Secret Facility Clearance: The Contractor shall ensure all hiring and assignment of personnel is in compliance with the provisions of the Department of Defense Contractor Security Classification Specification (DD Form 254). The possession and retention of a Top Secret security clearance with Single Scope Background Investigation (TS/SSBI) shall be a condition of employment for all Contractor personnel involved in the performance of this Contract. In addition, all Contractor personnel must also satisfactorily meet the additional OL-N security testing requirements. The Contractor must submit these documents prior to site access. The Contractor is responsible for monitoring security badges for all areas for the duration of this project. All security badges shall be returned to the OL-N POC upon expiration of the project, completion of the project, or upon removal of the contracted personnel from specific projects. The Contractor may also be required for maintaining an off-site accredited secure compartmentalized information facility (SCIF) and submitting the required security plans and procedures to the Cognizant Security Officer (CSO). The facility shall meet the standards required for processing and storage of classified material at the Top Secret (TS) level. The Contractor shall also participate in security reviews as required by the CSO and provide program security assistance as needed. PART 5 SPECIFIC TASKS 5.0 Specific Tasks: 5.1 Basic Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Native American Consultation services for the DAF as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. No work shall be accomplished beyond what is specified in this PWS unless specifically directed by the Contracting Officer. 5.2 Kick-Off Meeting: The Contractor shall attend a Project kick-off meeting or teleconference within 30 days of contract award to discuss task requirements and expectations. 5.3 Task 1 - Document Reviews Consultation: The contractor shall consult with the Consolidated Group of Tribes and Organizations (CGTO's) site cleared Native American Coordinator (NAC) to perform cultural resource document reviews not to exceed (NTE) 10 documents. The estimated costs of review shall include 40 hours of the NACs participation per document. The NAC would review all documents on-site and deliver the comments via program channels in person within 30 days of receipt of the reports for review {deadlines may be altered between the NAC and the Director of DAF Environmental Management (EM)}. Summary: • 400 hours of NAC consultation. 5.4 Task 2 - Native American Graves Protection and Repatriation Act (NAGPRA) Consultation: The contractor shall consult with the CGTO's site cleared NAC and tribal representatives as selected by the NAC to reach agreements on the repatriation or other disposition of objects collected during archeological surveys. Repatriation or disposition may take many forms from reburial to long term curation. The cost associated with the repatriation or disposition of objects is not included under this contract. The estimated cost for NAGPRA consultation shall include up to two consultations each to include 88 hours of the NACs participation and 12 days of tribal member honorarium at $150/day. The contractor shall also be responsible for travel, hotel, and meal per diem in the Las Vegas area for the NAC and selected tribal members. For each NAGPRA consultation the NAC shall submit a report via program channels to the EM Director within 30 days providing tribal repatriation or disposition recommendations. Summary: • 176 hrs of NAC consultation • 24 days honorarium and associated per diems 5.5 Task 3 - Native American Field Consultation: The contractor shall support NAC participation in archaeology surveys. This task is not anticipated to exceed the equivalent of 30 - 10-hour days of NAC participation. Travel, housing and meals associated with OL-N surveys will be provided by the Government. For each field trip, the NAC shall submit a short summary report (one or more pages) via program channels to the EM Director within 30 days. Summary: • 300 hrs of NAC consultation PART 6 APPLICABLE PUBLICATIONS 6.0 Applicable Publications (Current Editions): 6.1 The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures including but not limited to: • USACE Safety and Health Requirements Manual (EM 385-1-1) PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING 7.0 Attachment/Technical Exhibit List: 7.1 Attachment 1/Technical Exhibit 1 - Performance Requirements Summary. 7.2 Attachment 2/Technical Exhibit 2 - Deliverables Schedule. TECHNICAL EXHIBIT 1 Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum satisfactory levels of service required for each requirement. These thresholds are critical to mission success. Performance Objective Performance Standard Performance Threshold Method of Surveillance Attend project kick-off meeting; Within 30 days of contract award (i.e. schedule/timeliness) Satisfactory Rating COR verification Daily Management and oversight of Project Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources) Satisfactory Rating Inspections: scheduled and unscheduled onsite Document review of logs and records Conduct all activities in accordance with USACE safety requirements (EM 385-1-1) Meeting the requirements as outlined in the PWS, USACE safety publications (i.e. safety) Satisfactory Rating Inspections: scheduled and unscheduled onsite Task 1: Document Reviews Consultation (as specified in PWS Section 5.3) Government Representative approval of technical document review summaries. USACE & Customer Feedback to COR Satisfactory Rating Inspection: onsite, document review Periodic Inspection: COR's discretion Customer Feedback Task 2 - Native American Graves Protection and Repatriation Act (NAGPRA) Consultation (as specified in PWS Section 5.4) Government Representative approval of technical document review summaries. USACE & Customer Feedback to COR Satisfactory Rating Inspection: onsite, document review Periodic Inspection: COR's discretion Customer Feedback Task 3 - Native American Field Consultation (as specified in PWS Section 5.5) Government Representative approval of technical document review summaries. USACE & Customer Feedback to COR Satisfactory Rating Inspection: onsite, document review Periodic Inspection: COR's discretion Customer Feedback TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE Deliverable Frequency # of Copies Medium/Format Submit To 1 Kickoff meeting: (PWS Section 5.2) Within 30 days of contract award N/A N/A N/A 2 Submission of invoices: (PWS Section 1.6.19) By the 10th of each month 1 to USACE Finance Center and 1 to COR Email/pdf Depart of the Army USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005 CEFC-L4invoices@usace.army.mil and USACE, Albuquerque COR Michael Bone Michael.j.bone@usace.army.mil 4 Monthly Status and Cost Reports (PWS Section 1.6.19): By the 10th of each month 2/1 Electronic copy / hard copy OL-N POC (electronic) / On-site project file (electronic & hard) 5 Task 1: Summary Report of document review comments (PWS Section 5.3) One per document reviewed 2/1 Electronic copy / hard copy OL-N POC (electronic) / On-site project file (electronic & hard) 6 Task 2: Summary Report of NAGPRA Consultation (PWS Section 5.4) One per NAGPRA consultation 2/1 Electronic copy / hard copy OL-N POC (electronic) / On-site project file (electronic & hard) 7 Task 3: Field Trip Summary Report of Native American Field Consultation (PWS Section 5.6) One per field trip 2/1 Electronic copy / hard copy OL-N POC (electronic) / On-site project file (electronic & hard)

Clinical Consulting Services for Research, Development and Conduct of Studies Regarding Hospital Quality of Care

Department of Health and Human Services, Program Support Center | Published August 17, 2016  -  Deadline September 1, 2016
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Reference the attached.

ELEVATORS TRAFFIC STUDY - WHITE OAK CAMPUS BUILDING 2

General Services Administration, Public Buildings Service (PBS) | Published May 12, 2016  -  Deadline May 18, 2016
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THIS IS A REQUEST FOR INFORMATION ANNOUNCEMENT.   THE PURPOSE OF THIS ANNOUNCEMENT IS TO SEEK INTERESTED VENDOR TO PERFORM THE DUTIES AS REQUIRED IN THE SCOPE OF WORK (SOW). RESPONSES TO THIS ANNOUNCEMENT WILL BE USED BY THE GOVERNMENT TO MAKE APPROPRIATE ACQUISITION DECISIONS.  A SUBSEQUENT SOLICITATION IS ATTACHED TO THIS ANNOUNCEMENT. The General Services Administration requires Consultant Services to evaluate and provide a building traffic analysis study for Building 2 FRC conveyance systems. The existing system operations will be checked, timeline for elevator controls replacement and specifications. Original building design was for a Library and conference center, new building space since has been built out for additional office space and increase in extra personnel.   The Contractor shall perform all services, and provide materials, software and data described herein and all services incident thereto as required under this contract. The Contractor shall conduct adequate research, site investigation and building survey to enable preparation of accurate and complete Traffic study reports for the project descriptions as stated in the attached scope of work (SOW).   Those interested in this Request for Information (RFI) shall submit in writing on Company Letterhead via email to patricia.davis@gsa.gov no later than Wednesday May 18, 2016 at 12:00 PM (Eastern Standard Time). Interested parties should provide their Proposal by Thursday May 19, 2016 at 12:00 PM (Eastern Standard Time) accompany the following:  Standard Form 18 (SF18 attached with signature) IItemized breakdown on SF18 and on Company Letterhead.  Please provide:  Company Address, Point of Contact, phone number and email address, DUNS number and capability statement for the services as stated above.     THIS REQUEST FOR INFORMATION WILL ACCOMPANY A REQUEST FOR PROPOSAL OR OFFER. INFORMATION IS TO BE PROVIDED ON THE SF18 AND ON COMPANY LETTER HEAD ON A VOLUNTARY BASIS IF YOU ARE INTERESTED.  NO ENTITLEMENT TO PAYMENT OF DIRECT OR INDIRECT COSTS OR CHARGES INCLUDING POSTAGE AND SHIPPING WILL ARISE AS A RESULT OF THE SUBMISSION OF INFORMATION.

RF Spectrum technical, engineering, analytical/empirical, and management functions

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published June 16, 2016  -  Deadline June 28, 2016
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The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR Pat 13. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and it being conducted pursuant to FAR 2005-88 dated May 16, 2016 Part Subpart 12.6 and FAR Part 13. The Request for Quote (RFQ) number is GF133E-16-RQ-0341There are no set-aside restrictions for this requirement. The intended procurement will be classified under North American Industry Classification System (NAICS) 541712 - Size Standard 1,000 employees. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. 1. BackgroundThe National Oceanic and Atmospheric Administration (NOAA) National Environmental Satellite, Data, and Information Service (NESDIS) have RF Spectrum Management responsibilities. NOAA satellites have multiple missions, and involve GSO and Non-GSO satellite systems, with a broad range of environmental earth sensing. Such information provides meteorological data in real-time to Air Force, Army, Navy, and Marine Corps tactical ground weapon stations and navy ships worldwide. NOAA data collection relies on radio frequency (RF) downlinks from satellites and instruments commanded by NESDIS. NESDIS further supports the NOAA mission with telemetry, tracking, and command of the NOAA satellite constellations via spectrum dependent links.NESDIS also operates the Polar Operational Environmental Satellite (POES), the Geostationary Operational Environmental Satellites (GOES), and the Ocean Surface Topography Mission (OSTM/JASON-2/3), and many other satellite networks. All data collected from the satellites/missions and Defense Meteorological Satellite Program (DMSP) is used to provide timely and critical environmental information to other Government Agency operations. The GOES R series satellites, scheduled to launch in FY2016, will be comprised of improved spacecraft and instrument technologies, which will result in more timely and accurate information. The National Broadband Plan requires NOAA, and other Government agencies, to potentially share existing heavily used Government spectrums with commercial broadband. This will present a challenge to NESDIS Program Offices in terms of RF spectrum access and resources, requiring a high level of strategic planning and participation in spectrum regulatory bodies (i.e. International Telecommunication Union (ITU), and Inter-American Telecommunication Commission (CITEL).2 ObjectiveUnder this spectrum support task, support a broad range of RF Spectrum technical, engineering, analytical/empirical, and management functions pertaining to the responsibilities inherent in Department of Commerce/NOAA/NESDIS. The primary task areas are spectrum engineering, Modeling and Simulation (M&S), and technical and spectrum management analysis.3. Tasks3.1 Primary ResponsibilitiesAt a minimum, the following support tasks are required:ITU-R and Domestic Regulatory SupportThe following is the ITU-R support:1. Prepare and defend technical analysis documents using modeling and simulations tools (Visualize, Matlab, etc.) as needed. 2. Participate in different national and international spectrum working groups and meetings to achieve desired policy outcomes by reviewing and commenting on national and international contributions.3. The international groups supported may include: ITU-R working group meetings (example Study group 3, 4, 5 (including 5A, 5-B, 5-C and TG-5/1) and 7 or other groups as required), WRC Conference Preparatory Meeting(s) (CPM), and World Radio Communication Conference(s) (WRC) as needed. Other international meetings will be supported as required by the customer. Support important NOAA/NESDIS WRC-2019 Agenda Items (AI) including but not limited AI 1.13 (IMT), AI 1.14 (HAPS) and AI 1.16 (RLAN) and others are required4. Support ITU-R Regional groups such as CITEL by participating in meetings as required by NOAA/NESDIS5. Defend NOAA/NESDIS national and international radio spectrum position for current and future WRCs6. Support work dealing with National groups include a variety of frequency policy organizations including, but not limited to, National Telecommunications and Information Administration (NTIA), NTIA Interdepartmental Radio Advisory Committee (IRAC), NTIA IRAC Technical Subcommittee (TSC), and the Federal Communications Commission (FCC) meetings as needed. Support Space Systems Subcommittee (SSS), chaired by NTIA as required.7. Support development of policy position papers to successfully advance the required position in other international forums ad needed. 8. Apply knowledge of spectrum-use policy to determine proper and efficient use of radio frequency spectrum allocations.9. Provide support as needed on EMC and EMI issues. CITEL SupportNote: The working language for CITEL meetings is Spanish. It is extremely helpful to NOAA/NESDIS to have technical engineering support from Spanish speaking person(s), as this can be advantageous, when interfacing with CITEL delegates and decision makers. The following are the required CITEL tasks:1. Consult with the NOAA/NESDIS to fully understand current plans, ensuring that spectrum requirements complement existing efforts and activities. Support important. NOAA/NESDIS WRC-2019 Agenda Items (AI) including but not limited AI 1.13 (IMT), AI 1.14 (HAPS) and AI 1.16 (RLAN) and others are required.2. Participate in national preparation meetings for CITEP PCC-II and other meetings as directed by NOAA/NESDIS.3. Attend CITEL PCC-II meetings in support of the NOAA/NESDIS.4. As directed by the NOAA/NESDIS, participate in international working groups and other meetings to achieve desired policy outcomes for the United States by attending with the U.S delegation meetings on spectrum management at the International. Telecommunications Union with headquarters in Geneva, Switzerland. 5. Provide input contributions on technical topics as required. Perform analysis to determine causal sources of Radio Frequency Interference (RFI) and propose mitigation techniques as required.6. Provide support to the NOAA/NESDIS in the development and presentation of contributions to US proposals at different ITU working parties. 7. Assist the NOAA/NESDIS in the coordination of strategic spectrum planning to ensure that international and domestic allocations continue to meet U.S. requirements into the long-term future. 8. Develop, as needed, analytical tools that might be required to conduct studies and simulations. 3.2 Recurring Sub Tasks: Recurring sub-tasks that will be performed are:1. Perform analysis to determine sources of Radio Frequency Interference (RFI) and develop possible mitigation techniques.2. Analyze technical reports and requests for system operating within the NOAA/NESDIS frequency bands of interest. The purpose of the analysis will be to determine whether the NOAA/NESDIS requirement will be compatible with other systems or require mitigations.4 Travel Requirements• ITU-R Meetings1 ITU-R 5D: 2 to 13 October, 2016 - Location TBD2 ITU-R WP-5ABC: 5-19 November, 2016 - Geneva, Switzerland3 Study Group-5 21 November, 2016 - One-day meeting following WP-5A/B/C meeting - Geneva, Switzerland• CITEL meetings5 CITEL Meeting: 28 June to 1 July 2016 - Bogota, Columbia6 CITEL meeting: 18 to 24 September, 2016, Location TBD5 Deliverables5.1 Consultant Spend Plan Within ten (10) business days of the start of work, the Subcontractor shall provide a spend plan that estimates the delivery date and amount of each invoice that the Subcontractor anticipates to deliver. The spend plan is only an estimate and the Subcontractor shall revise that estimate as work progresses.5.2 Final Technical ReportFinal detailed written technical report (TR) (Microsoft Word® electronic format) shall include task background, objectives, assumptions, specific data collected, analyses conducted, conclusions and recommendations. 5.3 Other Technical Deliverables5.3.1 Provide meeting and trip reports as necessary (i.e. ITU, CITEL, and Domestic spectrum meetings).5.3.2 Provide formal U.S. and ITU-R input contributions with drafts submitted to the prime at least a week in advance of the next U.S. meeting.5.3.3 Participate in US Working Party (USWP) meetings leading up to ITU-R WP meetings.5.3.4 Provide monthly activity reports.6 Deliverable ScheduleTable 6.1 provides the deliverable scheduleTable 6.1 Delivery SchedulePara. Ref. Schedule / Deliverables Due Date5.1 Consultant Spend Plan Within 10 Business Days of start of work5.2 Final Technical Analysis and Simulation Reports As directed 5.3.1 Meeting and Trip Reports Within 14 Business Days after Meeting or Trip Takes Place 5.3.2 U.S. and ITU-R Input Contributions Within 30 Business Days 5.3.4 Provide monthly activity reports Within 10 Business Days of start of the new month for the previous month 7 Period of Performance:The Task will start on TBD and end on 31 DEC 2016.8 PersonnelTwo senior principal engineers (0.3 FTE each) to handle the highly technical meetings and defend policy positions and modeling and simulation contributions at the ITU and with NTIA/FCC and other forums as required, and a technical support employee (0.1 FTE) to participate in policy meetings as needed at the ITU and with NTIA/FCC, and other forums, as required.9 Place of Performance The majority of the work performed under these tasks will be performed at ACES facilities in Herndon, VA for 95% of the time as required. The other 5% of the time is spent at the NOAA/NESDIS facility for conducting presentations and for meetings.Local travel to NOAA office is required to attend meetings. 10 Other Government Furnished Information:Any government-furnished information, including historical project files or updated frequency data, will be provided as required. Simulation tools such as Visualize, a recognized ITU-R interference simulation analysis tool, with yearly license renewal.11 IT SecurityContractors will not be provided any government furnished equipment and shall be considered visitors when at a government facility.But, since the contractor will be assisting in the representation of U.S. Government interests, contractor personnel shall be screened in accordance with the requirements for Moderate Risk contracts as specified by CAM 1337.70 section 2.2 (Oct 2015); specifically, in accordance with CAR 1352.237-70, Security Processing Requirements-High or Moderate Risk Contracts (April 2010). Any access by contract personnel who are Foreign Nationals shall be in accordance with the requirements of CAR 1352.237-73, Foreign National Visitor and Guest Access to Departmental Resources (APR 2010).The contractor shall submit security forms required by CAR clause 1352.237-70 two (2) weeks prior to each new contract employee's start of work so that the NOAA staff has sufficient time to process requests for background checks and NOAA badges. Best Value Approach: _X_ Tradeoff: This process allows for a tradeoff between non-cost factors (Mission Capability; Past Performance) and cost/price and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve an overall best-value contract award. 2. Evaluation factors will include Factor 1 - Mission Capability and Factor 2 - Past Performance and Factor 3 - Cost/Price. The Contracting Officer will address evaluation of Factor 3 - Cost/Price. This requirement is being conducted as a Simplified Acquisition using Tradeoff as criteria for evaluation the Mission Capability combined technical/risk rating provides an assessment of the offeror's capability to satisfy the Government's requirements without performance risk. 3. The Mission Capability is significantly more important that the Past Performance. The Missional Capability and Past Performance when combined are significantly more important that Cost/Price. Missional Capability Factor 1Offeror presents a realistic approach to support a broad range of RF Spectrum technical, engineering, analytical/empirical, and management functions pertaining to the responsibilities inherent in Department of Commerce/NOAA/NESDIS including spectrum engineering, Modeling and Simulation (M&S), and technical and spectrum management analysis. Offeror presents a realistic approach, to participate in different national and international spectrum working groups and meetings to achieve desired policy outcomes by reviewing and commenting on national and international contributions Offeror presents an understanding of WRC-2019 Agenda Items (AI) including AI 1.13 (IMT), AI 1.14 (HAPS) and AI 1.16 (RLAN) and the ITU-R working group meetings and Study groups 3, 4, 5 (including 5A, 5-B, 5-C and TG-5/1) and 7.Offeror presents a realistic approach, to provide Spanish speaking engineering support when interfacing with CITEL delegates and decision makers.Offeror presents a realistic and effective approach to meet all PWS requirements with no degradation of services or capabilities. The offeror presents an effective program management approach that will meet spend plan estimates, timely deliverables date and monthly program activities. Past Performance Factor 2Offeror presents experience participating in international groups including the ITU-R working group meetings, World Radio Communication Conference Preparatory Meetings, World Radio Communication Conferences and the Inter-American Telecommunication Commission (CITEL).The offeror presents experience working with the National Telecommunications and Information Administration (NTIA), NTIA Interdepartmental Radio Advisory Committee (IRAC), NTIA IRAC Technical Subcommittee (TSC), the Federal Communications Commission (FCC) and the Space Systems Subcommittee (SSS), chaired by NTIA as required. Cost / Price Factor 3 Basis NarrativeOfferor presents a realistic and sound approach, which may include experience, for the work to be performed to accomplish all PWS requirements.Offeror presents a sound project baseline expressed in terms of appropriate qualifications/skill sets, certifications, clearances and scheduled labor hours required to successfully complete every task in the PWS aligned with project tasks, resources, interdependencies, milestones, and deliverables. Commerce Acquisition Regulation (CAR) clauses:CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010)CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)CAR 1352.239-70 Software License Addendum CAR 1352.233-70 Agency Protests (APR 2010) {Fill-in paragraph "b": Department of Commerce, NOAA, NESDIS, Field Delegate 1335 East West Highway, room 8472, silver Spring, MD 20910; fill-in paragraph "c": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230}The following FAR clause is provided in full text:FAR clause 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) The offerors capability to successfully perform the contract (2) Price. (b) "Options." The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02)PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.(1) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.(End of Provision) 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-02)PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015)(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision)The following FAR Provisions and Clauses are incorporated by reference:52.212-1, Instructions to Offerors (OCT 2015)52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2016)52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015)52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAR 2016) applies to this acquisition and the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition:52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (NOV 2015)52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)52.219-6, Notice of Total Small Business Set Aside, (NOV 2011) 52.219-28, Post Award Small Business Program Representation (JUL 2013)52.222-3, Convict Labor, (JUN 2003)52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) 52.222-21, Prohibition of Segregated Facilities, (APR 2015)52.222-26, Equal Opportunity, (APR 2015)52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015)52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)52.225-1, Buy American Act -- Supplies, (MAY 2014)52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (MAY 2014)52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008)52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (JUL 2013)52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) 52.239-1, Privacy or Security Safeguards (AUG 1996)52.232-39, Unenforceability of Unauthorized obligations (JUN 2013)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and provide with the quote, their nine-digit Dun and Bradstreet (DUNS) number. All questions pertaining to this RFQ must be submitted in writing to Joel.L.Perlroth@noaa.gov. (E-mail only) by 1:00 P.M. EST on June 19, 2016. All responsible sources may submit a quotation which shall be considered by the agency. Quotes must be submitted via electronic means (e-mail) by 1:00 P.M. EST on June 28, 2016; any award resulting from this RFQ will be made based on meeting technical specifications, delivery date, and price. Quotes must be submitted electronically via e-mail to Joel.L.Perlroth@noaa.govThe anticipated award date is on or about July 1, 2016. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). Potential offerors may direct all inquiries pertaining to the solicitation in writing to Joel.L.Perlroth@noaa.gov. Telephonic requests will not be honored.

C--Indefinite Delivery/Indefinite Quantity Architectural and Engineering Services Service Disabled Veteran-Owned Small Business Set-aside

Department of Veterans Affairs, VA Office of Construction & Facilities Management | Published July 19, 2016  -  Deadline August 23, 2016
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THIS IS A REQUEST FOR STANDARD FORM (SF) 330, NOT A REQUEST FOR PROPOSAL (RFP) North American Industrial Classification System (NAICS) codes are Architect or Architect/Engineer Firms with an approved NAICS Code of 541310 which has a size standard of $7,500,000 in average annual receipts or 541330, Engineering Services, which has a size standard of $15,000,000 in average annual receipts. This announcement is being competed as a 100% Service-disabled Veteran Owned Small Business set-aside (SDVOSB). 1. CONTRACT INFORMATION: This contract is being procured in accordance with the Brooks A-E Act (Public Law 92-582) as implemented in FAR Subpart 36.6. Firms will be selected for negotiations based on demonstrated competence and qualifications for the required work. The Department of Veterans Affairs (VA), Office of Construction & Facilities Management (CFM), Eastern Region proposes to obtain the services for facilities support, design, project management , maintenance of design and construction standards, historic preservation services, and design and facilities expertise to the Department of Veterans Affairs to deliver high quality, cost effective facilities in support of our Nation's Veterans. CFM key customers are, but are not limited to the VA Districts, the VA Central Office (VACO), the Veterans Health Administration (VHA), National Cemetery Administration (NCA), Veterans Benefits Administration (VBA) and subordinate Veteran Integrated Services Networks (VISN), VA Medical Centers (VAMC), National Acquisition Centers (NAC), CFM Regional Offices and VBA field offices, across the country who proudly work at the front lines of service delivery. The majority of the requirements satisfied by issuance of task orders against this contract will originate within the boundaries of the Eastern Region (Appendix II), which includes the North Atlantic and Southeast Districts. This contract may be used by CFM key customers outside of the Eastern Region office boundary. The VA anticipates awarding three (3) SDVOSB set asides IDIQ AE contract for the Eastern Region however awards may vary depending on the interest shown. Firm Fixed Price (FFP) contracts will be negotiated and awarded for five (5) years (base one year period and four (4), one year options, if exercised). The amount of the contract award and total contract capacity shall be $15,000,000 per contract awardee over the life of the contract. If the capacity is exhausted before the five (5) year time frame, the contract will be considered complete. The minimum guarantee amount shall be $7,500.00 for the base year only. The contract is anticipated to be awarded in 2016 and completed in 2021. Work will be issued by negotiated firm-fixed price task orders. Each task order will include the deliverable schedule. In accordance with FAR 52.216-19 -- Order Limitations the minimum order shall not be below $2,000 and the maximum single order shall not be greater than $2,000,000. If remaining capacity falls below $2,000.00, the Government will consider the contract complete. Profit will be proposed, evaluated, and negotiated per task order. To be eligible for contract award, a firm must be registered in the System for Award Management (SAM) database. Representations and Certifications must be completed electronically via this site as well. Register via the SAM Internet site at www.sam.gov or by contacting the SAM Customer Service at 1-866-606-8220. All firms will be required to comply with Veteran Affairs Acquisition Regulation 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (http://www.va.gov/oal/library/vaar/vaar852.asp). Firms must also be registered in Veterans Information Page (VIP) database (https://www.vip.vetbiz.gov/) at the time of award. Additionally firms must supply type(s) and amount of insurance along with insurance carrier(s). The wages and benefits of service employees (see FAR 22.10) performing under the resulting contract must be at least equal to those determined by the Department of Labor under the Service Contract Labor Standards, as determined relative to the employee's office location (not the location of the work). Also, in accordance with Executive Order 13658 the current minimum wage for certain Federal contractors are $10.15 per hour. 2. PROJECT INFORMATION: CFM supports its customers with services and products including (but not exclusively): Design programs; Schematic Design ; Pre-construction documents studies; Design Development; Construction Documents; Cost Estimates; Value Engineering; Construction Period Services; Schematic Design, Design Development, and Construction Documents Peer Review; Specialty Consultant; Constructability Review; QA/QC; Construction Submittal Review; RFP for Design-Build; Facility Condition Assessments; Electrical Studies; and Design Services for Minor and Non-Recurring Maintenance Projects, Commercial office building design, commercial interior space planning, furniture design and layouts, and signage and wayfinding. The multiple award contracts are for licensed architectural, multi-disciplined engineering and design (A/E) services for the following types of projects: " facilities demolition " repairs " alterations " new construction " utility/infrastructure upgrades " leases And contracts for all types of new and existing facilities including, but not limited to medical centers, hospitals, clinics, community based outpatient clinics, administrative/office buildings, training and education buildings, medical research facilities, community living centers, domiciliaries, parking garages, central plants, support buildings, and campus infrastructure and utilities. Standards: Work will be prepared in compliance with VA/CFM standards, guidelines and criteria, such as PG 18-15 and Space and Equipment Planning System (SEPS), which can be found on the VA/CFM Technical Information Library (http://www.cfm.va.gov/til/index.asp) and the statement of work associated with each task order issued. Successful firms must be able to demonstrate experience and success in working with these standards, or similar system wide standards from other Federal, State, private healthcare systems or corporations. Task Group 1 - Assessments Pre-Construction Documents - Technical Studies: Example of the tasks includes but not limited to: Preparation of studies involving systems evaluation. Reports on the inspections of VA facilities assessing site development, utilities investigations, Federal, State, and Local permit requirements and recommendations. Analyses of existing and selected systems also, including determining available capacity involving structural, electrical, and HVAC systems. Evaluation of equipment proposed for VA facilities. Development of cost comparison studies on building systems, renovation alternatives versus building additions versus new buildings. Develop time analyses studies of different phasing alternatives. Deliverables: The Contractor will provide the Contracting Officer with one original reproducible and two copies of all reports developed within the task order. Delivery dates will be established by the Contracting Officer. Facility Condition Assessments (FCA): Example of the tasks includes but not limited to: Provide consulting, assessment, and inspection services utilizing experts skilled in appropriate technical areas necessary for the evaluation of existing VA facilities. (Reports will indicate all systems, conditions, life expectancies, etc.) Deliverables: The end product will be reports, and data involving the investigation and evaluation of the VA facilities inspected. Utility Studies: Description of work to be performed: See link for description of services to perform: http://www.cfm.va.gov/til/aeDesSubReq.asp A/E design Submission Requirements, Site, Topographic, Utility, Landscape, and Soil Surveys Scope of Services. Deliverables: Reports, studies and data development involving design, investigation and evaluation of the issues described above. ASSESSMENT CONSULTING SERVICES Example of the tasks include but not limited to: Provide assessment consulting services and technical studies on a wide variety of facility design and construction issues including seismic studies indoor air quality, national codes and standards review, cost estimating, facility operations, control of indoor air quality, impact of facility standards on building performance and facility life cycle, interoperability electronic standards for facility design, construction, operation, project documentation and construction management. Services may require on-site inspections. Deliverables: Reports, studies, and data development involving design, investigation and evaluation of the issues described above. Energy Analysis: Example of the tasks include but not limited to: Perform analysis and provide studies of energy usage including electric, gas, steam solar or other systems utilized or proposed to be utilized in the assigned facilities and medical center complexes. Deliverables: Reports, studies, and data development involving design, investigation and evaluation of the issues described above. Façade Studies: Example of the tasks includes but not limited to: - Perform both non-destructive and destructive evaluations of existing and proposed building facades. Special emphasis should be placed on methods used, determining longevity, thermal properties and description of aesthetic themes and intent. Deliverables: Reports, studies and data development involving design, investigation and evaluation of the issues described above. Seismic Studies: Description of work to be performed: Perform seismic research on the locations identified to indicate current seismic zones; analyze existing building structure for compliance with current seismic criteria. Determine needed improvements to meet current requirements and estimate cost of compliance. See guidance on the VA TIL website: http://www.cfm.va.gov/til/seismic.asp Deliverables: Reports, studies and data development involving design, investigation and evaluation of the issues described above. Infrastructure Assessment: Description of work to be performed: Perform analysis of existing or proposed infrastructure on medical center complexes to including defining and documenting: utility capacities, physical security elements in place, fencing, pedestrian and vehicular roads, sidewalks and amenities, all associated elements of the built environment composing the medical center campus. The intent of the studies is to identify supporting facilities and conditions to accommodate proposed future expansions, renovations, and new construction. See the TIL for guidance regarding Physical Security studies: http://www.cfm.va.gov/til/dManual.asp Deliverables: Reports, studies and data development involving design, investigation and evaluation of the issues described above. Site survey, soil/geotechnical investigation: See link for description and instructions of services to be performed: http://www.cfm.va.gov/til/aeDesSubReq.asp also follow ASCE industry standards. Deliverables: Reports, studies and data development involving design, investigation and evaluation of the issues described above. Task Group 2 - Professional Reviews Peer review - Schematic through CDs: DESIGN REVIEWS THROUGH DESIGN DEVELOPMENT STAGE Example of the desired tasks include: The evaluation, review and recommendation on all architectural and engineering disciplines' designs, calculations, specifications, reports, system analyses, conformance with sustainable design criteria and thorough completeness and coordination based upon development of the final approved Schematic Plan. Evaluations will be based upon the submission requirements established in PG-18-15. Site visits to VA facilities for participation in reviews and meetings with CFM personnel in Washington, DC. Deliverables: The Contractor will provide the Contracting Officer one reproducible original and two copies of their report(s) in accordance with VA CFM schedule developed for the project. CONSTRUCTION DOCUMENT REVIEW Example of the tasks include but not limited to: The evaluation, review and recommendations on the complete drawings and specifications, soil borings, VA testing lab recommendations, and other documents necessary for the bidding and construction of this project. These documents will be provided by the project A/E from the approved design development documents. The AE IDIQ shall evaluate and ensure the coordination of the drawings between disciplines; conformance with sustainable design criteria; identification of errors, omissions or conflicts found within or between drawings and specifications. The AE IDIQ shall evaluate the schedule to meet the operating plan due dates for the Request for Proposal or Invitation for Bids and award dates. Review and comment on project phasing. Evaluate market conditions that may affect bidding. Review any resubmitted construction documents with recommendations as to their acceptability in accordance with PG-18-15. Deliverables: Review, evaluation and recommendation of construction documents in accordance with PG-18-15. Provide both a written report and annotated comments on reproducible drawings received from VA AE in accordance with VA FM review date. One reproducible original and two copies of all written correspondence will be delivered to the Contracting Officer. Constructability Review Example of the tasks includes but not limited to: The Contractor will provide a detailed analysis of the construction documents to assure clarity, accuracy, coordination and completeness of the documents. The review will focus on the suitability of the drawings and specifications for ease of construction and the placement and maintenance of equipment. Review will identify conflicts and/or claims that may arise during construction. Deliverables: The Contractor shall provide report(s) evaluating the constructability of the contract documents to the Contracting Officer, prior to the VA CFM construction document review. One reproducible original and two copies will be submitted as stated above. Task Group 3 - Technical expertise/Studies Cost Estimates - Description of work to be performed is found on the VA TIL website Manual for preparation of Cost Estimates. http://www.cfm.va.gov/cost/index.asp On site Construction Support; QA/QC: Construction Change Support; Submittal Review - Example of the tasks include but not limited to: Provide on-site quality assurance and control through witnessing performance tests of various types of structural, electrical, HVAC equipment, elevators, sprinkler systems, fire alarm, communication systems and other systems integral to a fully operational building system. Prepare reports associated with on-site inspections or analyses of test reports, review of submittal material and evaluation of contract modifications, cost estimates, daily logs, and preparation of requests for information (RFI), monitoring of submittals and other duties assigned by the Senior Resident Engineer (SRE). Prepare reports associated with on-site investigations of materials, equipment and systems components. Test performance and operation in compliance with contract requirements. Deliverables: The Contractor shall provide test reports, product literature responses, cost estimates, review of-product submittals, daily logs, inspection reports, review of certified payroll statements at such intervals as directed by the SRE. One original and two copies of the reports will be delivered to the SRE or Contracting Officer. Medical Equipment Planning and Design: Description of work to be performed is found on the VA TIL website. See PG-18-9 and other Design Guides for information. http://www.cfm.va.gov/til/planning.asp, http://www.cfm.va.gov/til/space.asp As-built preparation/updates: Description of work to be performed is similar to industry standard as-built preparation services. In some cases updating as-builts will be required whereby measuring existing facilities and reviewing completed contract documents are required to update the as-builts. Work will be performed in accordance with VA CAD Standards, information can be found on the VA TIL. Preparation of BIM documentation: Description of work to be performed is found on the VA TIL at http://www.cfm.va.gov/til/projReq.asp Laser Measurement: Description of work to be performed: Provide laser measurement of existing facilities. Provide CAD and electronic submittals of results that may be used to create BIM files of existing facilities and or updates to as-built documents. Update Corporate Facility Standards and Guidelines Description of work to be performed: Investigate industry standards, current CFM requirements, trends and functional needs, as necessary to prepare new DVA Design and Construction specifications, standards and guides. Provide recommendations to detailed updates and revision of the existing CFM Master Specification, Design Guides, Space and Equipment Planning System (SEPS) criteria and any other design and/or construction standard as maintained by CFM. Deliverables: Space and Equipment Studies, Design Guides, Criteria, Master Specifications and Presentations. Physical Security: Description of work to be performed: In accordance with the latest version of the VA Physical Security Design Manual found on the VA TIL website. Traffic Studies: Description of work to be performed: Provide analysis of vehicular and pedestrian circulation in designated areas of medical center campuses and surrounding areas. The traffic studies shall be produced in compliance with industry standards and accepted by local government authorities. Structural Studies: Description of work to be performed: In accordance with the latest version of the VA Design Requirement H-18-8 on the VA TIL website. http://www.cfm.va.gov/til/seismic.asp Operations and Maintenance Systems and Information support (MAXIMO is VA standard platform): Prepare, compile and provide comprehensive OMSI support information in compliance with the construction contract requirements. Provide in MAXIMO when directed. Health Care Design Research: Conduct research and submit reports on current trends, concepts and best practices in various areas of the health care industry concerning design and construction. Research may also involve studies of staff circulation patterns and best practices in patient care. Mock ups: Design and construct mockups of various areas typical in medical centers. Areas may include patient rooms, treatment areas, BIM simulations, etc. Destructive Testing: Conduct forensic testing and provide written reports and recommendations to resolve and correct deficiencies in existing conditions in built facilities. Testing and investigations may require removal of some building materials to unveil areas that require examination. Task Group 4 - DESIGN Space programming, evaluation and planning: Develop project space programs in the VA/DoD Space and Equipment Planning System (SEPS), using available workload and space data and information (demonstrated ability to use SEPS, or similar system, required). The current SEPS system produces BIM outputs which could be used as rudimentary schematic design. Space programs may require modification to account existing facility conditions or templated departments. Perform health care operation simulation and/or modelling to assist in cost/benefit decision processes. See guidance on the TIL: http://www.cfm.va.gov/til/planning.asp Schematic, Concept, Design Development : Description of work to be performed: Perform and prepare designs utilizing planning documentation, evaluations, review and recommendation of all architectural and engineering discipline calculations, specifications, reports, system analyses, drawings, cost estimates meeting the approved space program, compliance with established sustainable design criteria, Facility Development Plan (FDP) and Design Program in accordance with the minimum requirements for A/E Submissions, Program Guide PG-18-15. Perform services to identify and make recommendations for correction of submissions to meet the requirements described in PG-18-15. Site visits to VA facilities and meetings with Office of Facilities Management (CFM) personnel in Washington, DC. Produce the various levels of design required for major medical facilities in accordance with the TIL PG-18-15. http://www.cfm.va.gov/til/aeDesSubReq.asp Construction Documents for projects up to $100M: Produce construction documents for the design of major medical facilities in accordance with the TIL PG-18-15 and other guidance found on the TIL. http://www.cfm.va.gov/til/aeDesSubReq.asp RFP Preparation: Meet with VA officials, review and analyze any prepared documentation for proposed new VA facilities. Conduct necessary background preparation then produce Design Build Request for Proposals for major medical facilities or other facilities as determined to be acquired and owned by the VA. DB and Lease: Meet with VA officials, review and analyze any prepared documentation for proposed new VA leased facilities. Conduct necessary background preparation then produce Design Build Request for Proposals for said lease facilities or other facilities as determined to be acquired by the VA. Interior Design: Description of work to be performed is found on the VA TIL website. http://www.cfm.va.gov/til/dManual.asp Wayfinding: Description of work to be performed is found on the VA TIL website. http://www.cfm.va.gov/til/dManual.asp Graphic Design: Description of work to be performed is found on the VA TIL website. http://www.cfm.va.gov/til/dManual.asp 3. SELECTION CRITERIA: The selection criteria are listed below. Factor 1 and Factor 2 are equal in importance. Factor 1 sub-factors are listed in descending order of importance. A. Factor 1-Technical Capabilities I). Key Personnel (See Appendix I): Resumes for qualified personnel should be presented in Section E of the SF 330 for the following key personnel. All key personnel shall be shown on the organizational chart. Key personnel in disciplines that are required to be licensed, registered, and/or certified include the following: architect, structural engineer, civil engineer, mechanical engineer, electrical engineer, fire protection engineer (registered with evidence of successful completion of Fire Protection Examination), geotechnical engineer, land surveyor, historical preservation engineer, and environmental engineer. Resumes shall be provided for other key personnel as follows: project manager, interior designer, cost estimator/engineer, medical equipment planner, and space planner. Registration or certification for all is encouraged. (a) Professional Qualifications: Submit a matrix of proposed design team(s), including alternatives, that contain the following data about the members assignment: members name, firm name, office location, proposed team assignment, percent of time to be spent on this team, education level/discipline (example: BS, mechanical engineering), state(s) of professional registration, number of years of professional experience, and number of years with the firm. Also for project managers and team leaders, identify the number of teams (design, consultants and joint venture partners) they have managed over the past five years. (b) Specialized and Technical Experience: Using the Task Groups above provide a description of relevant, recent projects, with clients, for which the team members provided a significant technical contribution. Work on these projects must have been in the last five years. Indicate how each project is relevant to the Task Groups described herein. (c) Membership or certifications and accreditations in these associations will be taken into consideration: American College of Healthcare Executives (ACHE); The American Academy of Healthcare Interior Designers (AAHID); American College of Healthcare Architects (ACHA); American Society of Healthcare Engineers; Evidence-based Design Accreditation and Certification (EDAC) from CHD, Green Building Certification Institute (GBCI), International Facility Management Association (IFMA), National Council for Interior Design Qualification (NCIDQ); Planetree Visionary Design Network (VDN); U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating Systems. II) Firm's Professional Qualifications: (i) the firm or team must show that the proposed team successes working together for the firm and the firm's involvement working on those projects. The firms or team shall provide projects that are relevant and recent to the Task Groups along with client contact information. (ii) Describe the firms' experience with specification writing software. (iii) The firm or team experience with Building Information Modeling (BIM) in developing projects from its initial conception through completion of documentation. III) Location (CFM Regional Office Map Appendix II): Successful firms will have a strong local presence in the CFM Eastern Region area of responsibility, and a history of local affiliations. Provide a list of relevant projects completed by the firm or joint venture partners and appropriate subcontractors in the areas of responsibility (Eastern region) in the past five years (projects in construction can be included). Provide appropriate information on Part II of SF 330 for all Branch offices which may be supporting task orders issued under this contract. IV) Commitment to small business: Use of small business concerns as sub-consultants. Demonstrate commitment and use of small business concerns as sub-consultants on this contract. (Demonstrated commitment is pre-awarded contracts and agreements with small businesses to perform on this requirement.)Provide a chart with each small business category; identify the proposed names of the small businesses and subcontracting the prime anticipates to subcontract to each firm. The government will also evaluate the A/E firm's SF330s to the extent the A/E includes the use of Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) or Veteran-Owned Small Businesses (VOSBs), 8(A), Hubzone, Woman-owned or any other small business. Evaluation of the A/E's proposed SDVOSB or VOSB involvement will be based on the information presented in the offeror's proposal and on the registration information in the VetBiz.gov VIP database (http://www.vetbiz.gov) at the time of the offeror's submission. V) Capacity: The A/E shall demonstrate it has the necessary capacity to accomplish task order work required over the base year and any option years exercised. The A/E shall provide details of all of its current work (public/private) including the duration of the contracts, and how it anticipates on taking on additional work required by CFM. VI) Other Factors: Provide insurance carrier's name and type and amount of liability insurance carried. Also provide the number of claims in the last five (5) years, stating the types of claim, and claim amounts distributed. Only provide claims in which claims were paid by the insurance carrier. If no claims please provide a negative response. B. Factor 2-Past/Present Performance: The firm shall provide a description of relevant and recent projects, a minimum of three but no more than five examples of similar work for each task group listed above, (except Task Group 3 - Technical Expertise/Studies - for which you may provide up to seven examples) the firm has completed in the past five years (projects under construction may be included). Include as a minimum, a description of the work (including role played), the project size, cost, type of contract (e.g. task order) Client contact information, and duration. Additionally, provide a tabular listing of all relevant and recent projects with excellent performance ratings and letters of commendation from both private and Government clients, including VA (designate your role: prime, consultant or joint venture partner). These ratings should be dated 2010 or later and include the following data: current client contacts, project due date, design completion date and final cost estimate compared to the contract award amount (note whether bid or negotiated). Interested firms must list on the SF 330, Part II, block 10, the type, amount and dates of all fees for relevant A/E Services awarded and negotiated with awards between 2010 and the present. Past/present performance questionnaires (Appendix III) should be sent to clients provide under Factor 1-Technical Capabilities, II). Firm's Professional Qualifications and II) Key Personnel (b) Specialized and Technical Experience. Past/present performance questionnaires should be sent directly to Thaddeus Willoughby from the client via email at Thaddeus.willoughby@va.gov Past/present performance questionnaires should be received via emailed before the closing date and time. Any past/present performance questionnaires received after the closing time will not be accepted. FAR 15.208(b) will apply to past/present performance questionnaires. 4. SUBMISSION REQUIREMENTS: Responses shall reference the pre-solicitation number assigned to this procurement on the face of the envelope/package containing the proposal. Interested firms having the capability to perform this work must submit five (5) copies of a current completed SF 330 Part I for the prime firm and five (5) copies of SF 330 Part II for the prime firm and all consultants. Include the firm's DUNS number in SF 330, Part II, Block 4. Your response shall be tabbed in accordance with the sections outlined in the SF 330. Other information required by this notice shall be provided in Part I, Section H of the SF 330. The other information required by this notice will be tabbed according to the description in the notice. Offerors shall also submit one (1) copy of the submitted package on a CD or DVD (no USB flash drives) in a searchable PDF format. Part I of the SF 330 should not exceed 65 pages (single sided), including Section H. Font size shall be 10 point Times New Roman Font or greater. All pages shall be 8 ½" x 11". Resumes in Section E and example projects in Section F (Complete one Section F for each project) shall not exceed one page each. Indicate in Section C.11 if the prime has worked with the sub-contractors in the past five (5) years. (Use WWS to indicate you have worked with subcontractor in the last five years.) In Section G.26, include the name of firm each of the key personnel is associated with. SF 330 Part II for the prime firm and all consultants and Commitment to small business, demonstrated commitment pre-awarded contracts and agreements with small businesses will not be counted toward the page limit. Cover letters and extraneous materials (brochures, etc.) will not be considered. No other general notification to firms under consideration for this work will be made, and no further action is required. Questions concerning submissions should be directed to Thaddeus Willoughby at thaddeus.willoughby@va.gov by August 3, 2016. Personal visits for the purpose of discussing this announcement are not permitted. Offerors shall provide all documents listed and comply with all proposal instructions in order for their proposal to be considered "responsive" to this notice. This review may eliminate offerors that fail to provide all the required information and documents in the format and detail specified. Solicitation packages are not provided and no additional project information will be given to firms during the announcement period. This is not a request for proposals. If documents are being hand delivered via postal services, or sent via a carrier the physical address is Department of Veterans Affairs, Office of Construction and Facilities Management, ATTN: Thaddeus Willoughby, 8380 Colesville Road, Suite 420, Silver Spring, MD 20910. Facsimile or electronic transmissions will not be accepted. Submissions must be received no later than 2:00 p.m. Eastern Standard Time (EST) on August 23, 2016. Any submissions received after the stated time will be considered late and will be processed in accordance with FAR 15.208 Submission, Modification, Revision, and Withdrawal of Proposals. Note 1: If the combining of two or more companies (joint venture (JV)) for the purpose of this requirement, then include each company's role under Part I, Item H of the SF 330. If the JV partners have never worked together on similar jobs, so indicate. The JV will be evaluated as one. The experience of each JV partner will be evaluated based on each partner's role in cited past projects and in the proposed JV role for this project. To identify the JV, provide the DUNS number for each entity and the JV entity. A signed letter of intent to form a JV can be included with the SF 330. However if chosen to negotiate there must be a signed JV agreement in place before negotiation. Failure to submit a signed copy of the JV agreement will result in the JV's submission being excluded from consideration for award. Note 2: If selected for this contract and if contractor has recent Defense Contract Audit Agency (DCAA) audit results supporting proposed overhead and G&A rates the contractor will be required to submit them. All sub-contractors not listed in the initial proposal must be approved by the Director of Project Delivery and Director of Acquisition Support Eastern Region prior to issuance of any task order.

Guam and CNMI Turtle Surveys, Capture, and Biological Assessment

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published August 24, 2016  -  Deadline September 7, 2016
cpvs

Offers will also be evaluated on their potential for attaining stated objectives and milestones on schedule using the techniques and resources described and potential for generating data that is highly comparable with existing photo-transect data from the same study location. Factor B -- PAST PERFORMANCE -- Performance by the offeror and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C - PRICE (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (APR 2016) with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2016) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2016)(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 (Nov 2015)(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 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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved] __ (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). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] _XX_ (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 (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. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (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). XX (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 (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). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)   __ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (39)(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. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83 __ (46)(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.   __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (48) 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). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332 __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). XX (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). $15/hour __ (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). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (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 (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) 52.219-8, 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 (l) 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 (Feb 2016) (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). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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 (Mar 2016). (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)Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), 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-(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 (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (O) 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. (P) 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. (xiii) Additional contact requirements are as follows:1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.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): https://acqquisition.gov/far (End of clause) 52.252-6 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 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. PERIOD OF PERFORMANCE See Statement of WorkThe following provisions also apply: 1352.232-70 AGENCY PROTESTS(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ (xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (xv) Quotes are required to be received in the contracting office no later than 3:00 PM Hawaii-Aleutian Standard Time (HAST) on September 6, 2016. (xvi) All quotes must be emailed to the attention of Julie Whitaker Contracting Officer at: Julie.Whitaker@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5355. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220.In order to be eligible to receive an award from this acquisition office, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm  

Radiocarbon (14C) and Stable Carbon (13C) Analyses of Carbonate Micro-Samples Extracted from Hard Parts or Skeletal Structures of Marine Organisms

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published July 8, 2016  -  Deadline July 15, 2016
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    (ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows:(a) The Government will award a contract resulting from this solicitation to theresponsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:Factor A -- APPROACH AND CAPABILITIES - Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of services identified in the solicitation. Factor B -- PAST PERFORMANCE -- Performance by the offeror and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C - PRICE Technical and past performance, when combined, are considered significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (APR 2016) with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2016) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2016)(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 (Nov 2015)(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 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.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). (USE IF VALUE IS > $30k) __ (5) [Reserved] __ (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). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business 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 (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. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (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). XX (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 (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). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.) __ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (39)(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. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).__ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(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. __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (48) 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). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (USE FOR ALL SERVICE CONTRACTS SUBJECT TO SCA) XX (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). (USE FOR ALL SERVICE CONTRACTS SUBJECT TO SCA) __ (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). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (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 (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) 52.219-8, 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 (l) 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 (Feb 2016) (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). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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 (Mar 2016). (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)Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), 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-(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 (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (O) 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. (P) 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. (xiii) Additional contact requirements are as follows:1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 1330-52.203-70 SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT(a) Definitions. As used in this provision -Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment. Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America. Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion. Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action. (b) General Guidelines1. Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct.2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.3. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.4. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.5. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract.(c) Investigating Misconduct Research 1. Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the Contractor shall:a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.b. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor's adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). (d) Findings and Corrective Actions1. If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, andb. Coordinate remedial action with the contracting officer.(e) Department of Commerce Actions1. The Department of Commerce may accept the Contractor's findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The contracting officer will inform the Contractor of the Department's final determination.2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.1330-52.242.70 SUBMITTAL OF INVOICESThe Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.To constitute a proper invoice, the contractor's invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, "Contractor's Invoice," of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, "Invoices," applies.If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.(End of clause) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.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): https://acqquisition.gov/far(End of clause)52.252-6 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 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. PERIOD OF PERFORMANCE The period of performance of this purchase order is from September 8, 2016 through September 7, 2017. The following provisions also apply: 1352.232-70 AGENCY PROTESTS(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ (xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (xv) Quotes are required to be received in the contracting office no later than 2:00 PM Hawaii-Aleutian Standard Time (HAST) on July 15, 2016. (xvi) All quotes must be emailed to the attention of Stephanie Garnett Contracting Officer at: Stephanie.M.Garnett@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements.

Small Scale Fisheries Electronic Monitoring Engineering

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published August 1, 2016  -  Deadline August 15, 2016
cpvs

(ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows:(a) The Government will award a contract resulting from this solicitation to theresponsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:Factor A -- APPROACH AND CAPABILITIES - Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of services identified in the solicitation. Factor B -- PAST PERFORMANCE -- Performance by the quoter and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C - PRICE Technical and past performance, when combined, are considered to be significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAR 2016) with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2016) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2016)(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 (Nov 2015)(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 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.) XX (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] __ (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). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] XX (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 (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. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (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). XX (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 (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). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)   __ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (39)(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. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(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. __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (48) 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). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). XX (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). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (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 (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) 52.219-8, 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 (l) 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 (Feb 2016) (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). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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 (Mar 2016). (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)Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Oct 2015). As prescribed in 12.301(b)(4)(ii), 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-(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 (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (O) 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. (P) 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. (xiii) Additional contact requirements are as follows:1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)(a) The base period of performance of this contract is from September 1, 2016 through August 31, 2017. If an option is exercised, the period of performance shall be extended through the end of that option period.(b) The option periods that may be exercised are as follows:  Period Start date End date Option I            September 1, 2017 August 31, 2018 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.(End of clause) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.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): https://acqquisition.gov/far(End of clause)52.252-6 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 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. The following provisions also apply: 1352.232-70 AGENCY PROTESTS(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ (xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (xv) Quotes are required to be received in the contracting office no later than 2:00 PM Hawaii-Aleutian Standard Time (HAST) on August 15, 2016. (xvi) All quotes must be emailed to the attention of Stephanie Garnett Contracting Officer at: Stephanie.M.Garnett@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220.In order to be eligible to receive an award from this acquisition office, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm VENDORS MUST RETURN A COPY OF THE FOLLOWING CERTIFICATION WITH THEIR QUOTE. THE GOVERNMENT CANNOT PROCCED WITH AN AWARD UNTIL THE CERTIFICATION IS RECEIVED.52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(b) The Offeror represents that-(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(End of provision)

Janitorial Services for the Jemez RD

Department of Agriculture, Forest Service | Published December 10, 2015
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Contract AG-8379-C-16-0002 Janitorial Services for the Jemez Ranger District. Awarded to Human Potential Consultants, LLC Base Year- December 7, 2015- November 30, 2016, $16,397.27 All Option Years Subject to the Availability of Funds. Option Year 1-December 1, 2016 - November 30, 2017, $16,397.27 Option Year 2-December 1, 2017 - November 30, 2018, $16,397.27 Option Year 3-December 1, 2018 - November 30, 2019, $16,397.27 Option Year 4-December 1, 2019 - November 30, 2020, $16,397.27

Indefinite Delivery, Indefinite Quanitity (IDIQ), Multiple Award Task Order Contract (MATOC) for Architect-Engineer Vertical Construction and Associated Design Work for the Albuquerque District Corps of Engineers

Department of the Army, U.S. Army Corps of Engineers | Published December 28, 2015  -  Deadline January 28, 2016
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1. CONTRACT INFORMATION: The U.S. Army Corps of Engineers, Albuquerque District (SPA) has a competitive requirement for an IDIQ MATOC for Architect - Engineer Vertical Construction and associated design, for a period of one year with four one year options. Professional services under this contract will primarily consist of the development of A-E studies and design activities in support of military, National Nuclear Security Administration (NNSA), and Department of Homeland Security-Customers & Border Protection (DHS-CBP) projects within the Albuquerque District boundaries, which include Southern Colorado, Arizona, New Mexico and Southern Texas. Work may include, but not limited to: all types of architectural or engineering studies and reports, preliminary and final designs to include cost estimates, plans and specifications, associated site surveys and mapping and services during construction. The successful firm may be utilized for complete projects or in support of in-house efforts. This Contract will be procured in accordance with Public Law PL 92-582 (Brooks A-E Act) and FAR Part 36. Work will be negotiated and initiated by issuance of delivery orders, which will not exceed $9,500,000 over the life of the contract. The maximum aggregate dollar value of task orders awarded to all contractors cannot exceed this contract ceiling. This ceiling is not being subdivided among the number of awardees, nor is it being multiplied by the number of awardees. There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum order guarantee set forth in the Request for Proposal (RFP). The anticipated Contract award date is March 2016. The Government anticipates awarding two (2) or more IDIQ contracts, including one (1) reserved for a small business. The wages and benefits of service employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service Contract Act. In accordance with Public Law 95-707, large business firms are reminded that a subcontracting plan will be required which provides for subcontracting work to small and small disadvantaged firms to the maximum extent practicable. If any of the work is to be subcontracted, the Albuquerque District goal is for 40.0% of the subcontracted dollars to go to small business with 5.0% of those dollars going to small disadvantaged business, 7.0% of those dollars to woman owned business, 1.0% of those dollars to HUB-zone small businesses and 3.0% of those dollars to service disabled veteran owned small business. To be eligible for contract award, a firm or Joint Venture must be registered in the DOD System for Award Management (SAM). Register via the Internet Site at www.sam.gov. 2. PROJECT INFORMATION: Professional services under this contract may include any and all types of architectural or engineering studies and reports; preliminary and final designs to include cost estimates, plans and specifications, associated site surveys and mapping; and services during construction for Air Force, DHS-CBP, and other Federal Agencies. 3. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria a through e are primary. Criteria f through h are secondary and will be used as "tie-breakers" among technically qualified firms. Recent experience is defined as experience within the last 7 years from the issuance of this synopsis. a. Demonstrated Specialized Experience and Technical Competence in: 1) Preparation of plans, specifications, and construction cost estimates for; administrative offices; family housing/dormitory projects; aircraft support facilities; aircraft hangers; vehicle maintenance facilities; building additions/alterations projects; NNSA and DHS-CBP facilities; and R&D facilities. 2) Project experience with planning design charrettes, Comprehensive Interior Design (CID), anti-terrorism force protection (ATFP), landscape design, site surveys, and site development. 3) The ability to accomplish construction cost estimates utilizing M-II software. 4) The ability to provide AutoCAD ® and MicroStation® Version 8 or later drawing files, and narratives compatible with MS Word® format. 5) Performance of formal Value Engineering studies in accordance with standard VE methodology. 6) Sustainability design using the United States Green Building Counsel LEED® Rating System. The evaluation will consider projects performed by the prime firm and consultants that demonstrate these sustainable design principles and the qualifications of the key personnel that demonstrate their experience and training in sustainable design. 7) DoD's A/E/C CADD Standards. It will be advantageous for firms that are familiar with, and have experience in, Building Information Modeling (BIM) and or Revit. 8) Preparation of Design/Build Requests for Proposal (RFP) 9) Implementation of Design Quality Management Plan. 10) Design of roads, parking areas, airfield pavements, and utility improvements projects. b. Professional Qualifications: Firms must be able to provide registered professionals assigned in the positions for Project Management, Architecture, Structural Engineering, Mechanical Engineering, Electrical Engineering, Civil Engineering, Geotechnical Engineering, Fire Protection Engineering, and an Architect or Engineer Value Engineering team leader who has been formally trained in value engineering methodology. The firm must also be able to provide a Cost Estimator with M-II experience, and a Professionally Licensed Surveyor. The Project Manager(s) must have experience managing Air Force and DHS-CBP design projects. The design team must also be familiar with current Air Force NNSA and DHS-CBP design criteria. c. Past Performance: Past performance within seven years of issuance of this synopsis on DOD and other contracts in terms of cost control, quality of work, and compliance with performance schedules will be evaluated. d. Capacity: The firm must demonstrate the capacity to accomplish two concurrent delivery orders. e. Knowledge of the Locality: Firm's knowledge and experience designing projects at Kirtland, Cannon, Holloman, Luke and Davis-Monthan Air Force Bases. f. Geographic Location: Geographic location of the Office(s) to perform the work with respect to the Albuquerque District Boundaries will be a consideration. g. Volume of Work: Volume of DOD contract awards in the last 12 months h. SB and SDB Participation: Extent of participation of SB, SDB, historically black colleges and universities and minority institutions, women owned, Hub Zone and service disabled veteran service related business in the proposed contract team, measured as a percentage of the estimated effort. In the evaluation of primary and secondary factors, in-house capabilities will be weighted heavier than subcontracted work. Joint Venture Firms will be considered as having capabilities in-house. 4. GENERAL INFORMATION: This solicitation requires all interested firms to have an email address. Notifications will be via e-mail; therefore, the email address must be shown on the SF 330, Part 1, Section B8. Interested firms having the capabilities to perform this work must submit one (1) original, three (3) hard copy AND one electronic (CD) copy of SF 330 "Architect Engineer Qualifications" for the prime firm and all consultants. Should there be discrepancies between the paper and the electronic submission, the paper copy shall govern. Only data furnished by the responding firm on the SF 330 will be considered in the selection process. Responding firms are requested to clearly identify tasks to be performed in-house and tasks to be subcontracted. In addition, firms shall submit Part II of the SF330 for each branch office and subcontractor office that will have a key role in the proposed contract. The SF 330 should specifically address the requirements of this announcement. Responding firms are requested to summarize their Quality Management Plan and identify all relevant computer capabilities in Block H of the SF 330. Firms shall include only 10 PROJECTS TOTAL in Block F of the SF 330. FIRMS SHALL LIMIT BLOCK H OF THE SF 330 TO NO MORE THAN 10 PAGES. The selected firm, its subsidiaries or affiliates that design or prepare specifications for a construction contract cannot provide the construction services for the same contract. This includes concept design, which includes preparation of project programming documents (DD1391), facility siting studies, environmental assessments, or other activities that result in identification of project scope and cost. The prime firm and subconsultants for this contract will be required to perform throughout the contract term. Joint Ventures (JV), Limited Liability Companies (LLC), and Limited Partnerships (LTD) shall submit the following additional documentation regarding their business entities: a. A copy of the JV, LLC or LTD agreement. b. A detailed statement outlining the following in terms of percentages where appropriate: (1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing. (2) The management approach in terms of who will conduct, direct, supervise, and control. (3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work. (4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute the contract documents). c. A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, Email address, phone number and facsimile number. OFFERORS MUST BE REGISTERED with the System for Award Management (SAM), formerly the Central Contractor Registration (CCR), in order to receive a Government Contract award. To register, the SAM Internet address is: http://www.sam.gov. Additionally, a paper form for registration may be obtained from the DoD Electronic Commerce Information Center at 1-800-334-3414. Responses are due no later than 2:00 p.m. local time, on 28 January 2016. The delivery addresses for your SF 330s are as follows: U.S. Army Corps of Engineers, Albuquerque District ATTN: Diana Keeran, Contracting Division 4101 Jefferson Plaza NE Albuquerque, NM 87109 Late responses will be handled in accordance with FAR 52.215-1. Electronic (e-mail, facsimile, etc.) submissions are not authorized. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org. 1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. 2. From this page, you may view all bidder inquiries or add inquiry. 3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team. 4. The Solicitation Number is: W912PP-16-R-0003 The Bidder Inquiry Key is: 97P696-HSGMFX b. The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. c. Offerors are requested to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. d. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP. All questions should be submitted utilizing the USACE Bidder Inquiry System, ProjNet. Questions sent via e-mail will not be answered. The contracting POC for this project is Diana Keeran, diana.m.keeran@usace.army.mil All potential offerors are advised to check daily the Federal Business Opportunities website, https://www.fbo.gov/, for any additional modifications pertaining to this presolicitation notice. These contracts are being procured in accordance with the Brooks A-E Act, as implemented in FAR Subpart 36.6. See numbered note 24 for general information on the A-E selection process. These task orders are firm fixed price. Projects to be assigned are not yet determined and funds are not presently available. THIS IS NOT A REQUEST FOR PROPOSALS.

Delegated Examining Unit Self Audit Services

Department of Agriculture, Natural Resources Conservation Service | Published March 21, 2016  -  Deadline April 5, 2016
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Referenced standards not physically attached to the solicitation or contract document may be accessed by web link imbedded in the PWS. (j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding $3,500, and quotations of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The quoter shall enter, in the block with its name and address on the cover page of its quotation, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the quoter's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Requests for information. The contracting officer will not notify unsuccessful quoters that responded to this solicitation. Quoters may request information on award(s) resulting from this solicitation from the contracting officer.The following addenda also apply. Quoters must read and follow these additional instructions to receive consideration:a. System for Award Management (SAM) RegistrationAll Contractors must be registered in the System for Award Management, or SAM prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of quotes, registration in SAM, to include completion of the Representations and Certifications, and having a status of "Active" is required BEFORE submitting a quote. For information regarding registration visit www.sam.gov.b. Technical ProposalQuoters should submit a written narrative that thoroughly addresses all non-price evaluation factors listed in section ix below. In addition, the narrative should adequately describe the quoter's plan for executing the work, including resources and personnel available to meet the required timelines. If subcontractors are proposed, the technical proposal should also address qualifications and experience for the proposed subcontractors, including details of past partnerships between the prime and subs, and the prime's experience and plan for managing subcontractors. The narrative should be supported by evidence that gives credibility to the statements made by the quoter and in turn gives the Government enough information to understand and gain confidence in what the quoter is stating. The narrative should be no longer than 5 pages.c. Pricing and Certifications Quoters may utilize Attachment 3 to this solicitation to submit pricing quotations and to complete the applicable representations and certification(s) which include FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. The quoter must complete the two certifications by reading and checking the appropriate box(es). d. E-mail submissions are acceptable.(viii) FAR provision 52.212-2, Evaluation-Commercial Items applies to this solicitation. (a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: (1) Technical capability. Technical capability includes qualifications, relevant experience, and capacity.(2) Price(3) Past performance.Technical capability is more important than past performance; past performance is more important than price. Pricing that is unrealistically low may be considered an indication that the quoter does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work. (ix) Quoters are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an "Active" status. Quoters may use Attachment 3 for this purpose. (x) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached. (xi) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Mar 2016)(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 (Nov 2015) (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 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:__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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.) 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].__ (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). __ (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]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 (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. 657 f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (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 (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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.) __ (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 (Oct 2015) of 52.223-13. __ (37)(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. __ (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 (Oct 2015) (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 (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). __ (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)). X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (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:__ (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). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (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 (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) 52.219-8, 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 (l) 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 (Feb 2016) (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) X_(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (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. (xii) Additional contract requirement(s) or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices. Provisions ATTENTION: IMPORTANT PROVISION AS REQUIRED BY FAR 9.507-2A significant conflict of interest exists related to this procurement that might bias a contractor's judgement. Contractors that possess a previous or existing contract or subcontract for HR staffing services cannot provide services related to performing the audit services contemplated by this action. Previous or existing contract or subcontract is in relation to providing services for HR staffing services for fiscal year 2015 or fiscal year 2016.Clauses AGAR 452.224-70 Confidentiality of Information. (Feb 1988)(a) Confidential information, as used in this clause, means - (1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization. (b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization. (f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. AGAR 452.237-75 Restrictions against Disclosure. (Feb 1988)(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.AGAR 452.246-70 Inspection and Acceptance. (Feb 1988)The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the Contracting Officer, does not meet data quality standards will be returned to the Contractor for correction. Inconsistencies/edits may be reviewed, resolved and approved via communications. Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP)Invoices must be submitted electronically through the U.S. Department of the Treasury's Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. (xiii) Not applicable. (xiv) Quotes are due by 2:00 p.m. EST, April 5, 2016 to USDA-NRCS, Attn: Gay Mullen at gay.mullen@wdc.usda.gov or via facsimile to (855) 693-2502. (xv) Questions regarding this solicitation should be emailed to Gay Mullen, Contracting Officer, at gay.mullen@wdc.usda.gov. END OF SOLICITATION
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