Native Hawaiian Cultural Landscape Analysis Guide and Case Studies
Added: Jun 23, 2014 8:40 pm NATIVE HAWAIIAN CULTURAL LANDSCAPE ANALYSIS GUIDE AND CASE STUDIES(I) This is a combined synopsis/solicitation for commercial services that is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice; in accordance with simplified acquisition procedures authorized in FAR Part 13, and the Commercial Item Test Program as authorized by FAR 13.5. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.The Government intends to award a firm-fixed-price contract based on its selection of the offer that represents the best value to the Government.The offeror will submit a proposal for the items referred to in the attached Performance Work Statement (PWS).(II) This solicitation AB-133C-14-RQ-0090 is issued as a combined synopsis/solicitation.(III) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-74 (effective 30 May 2014).(IV) This procurement is set aside 100% for small businesses. The associated NAICS code is 541720, Research and Development in the Social Sciences and Humanities. The business size standard is $19.0 million. Offers are highly encouraged to include this NAICS code in their SAM profile.(V) A list of contract line item numbers, quantities and units of measure is below.Contract Line Item No.: 0001Services: Native Hawaiian Cultural Landscape Analysis Guide. The Contractor shall provide services in accordance with the Performance Work Statement.Period of Performance: 8/1/2014 to 7/31/2015Unit: 12 Quantity: MOUnit Price: __________Extended Price __________Contract Line Item No.: 1001 (OPT)Services: Cultural Landscape Case Studies and Final Report. See Performance Work Statement for additional details.Period of Performance: 8/1/2015 to 7/31/2016.Unit: 12Quantity: MOUnit Price: ___________Extended Price: __________ (VI) This solicitation is to procure the services for Native Hawaiian Cultural Landscape Analysis Guide and Case Studies in accordance with the requirements set forth in the attached Performance Work Statement.(VII) Place of performance: Contractor's facility. The estimated base period of performance is from August 1, 2014 tough July 31, 2015. The one option period, if exercised, will have a period of performance from August 1, 2015 tough July 31, 2016. FOB is Destination.(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014), applies to this acquisition. The offeror shall submit a proposal for each line item in Section (V), above.ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMSAdditional Proposal Preparation Instructions:(a) General InstructionsNOTICE TO OFFERORS: Instructions for submitting offers under this combined synopsis/solicitation must be followed. Failure to provide all information may result in the offer being considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.(1) The offer must be prepared in two parts: A technical proposal and a business/price proposal. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to price; however, adequate information must be contained in the technical proposal so that the offeror's technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements.(2) The technical proposal should be typed, double-spaced, with one inch margins, using size 11-font or equivalent, and printed, unreduced in size, on 8½" by 11" paper. The technical proposal shall be no more than 30 pages, excluding resumes and statements of commitment from proposed key personnel. There is no size limitation for business/price proposals.(3) The offeror shall submit:a. Technical Proposal: One (1) copy, electronic preferred.b. Price Proposal: One (1) copy, electronic preferred. Each part shall be clearly marked by title.(4) The Government will evaluate proposals in accordance with the provisions set forth in this section and with the evaluation criteria in Section IX below.(5) The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government's requirements may indicate an unwillingness or inability to perform the contract, and the proposal may be evaluated as such.(b) Technical ProposalVendors shall submit the following in their technical proposal:(1) Technical Experience/Expertise: The proposal shall demonstrate the offeror´s corporate experience and expertise which indicate the likelihood that the offeror will successfully perform the contract requirements. The proposal shall demonstrate experience and expertise in preparing a comprehensive cultural resource and cultural landscape study, particularly as it pertains to the National Historic Preservation Act (NHPA) review process and cultural resource assessment of the National Environmental Policy Act (NEPA). Reference Section IX.A.1 below for details regarding how the Government will evaluate this factor.(2) Past Performance: The offeror shall provide documented past performance on recent contracts similar in scope, in whole or in part, to the Performance Work Statement herein. Provided information must address relevant and recent performance for both Government and non-Government contracts, subcontracts, and grants for both the prime contractor and any major subcontractor(s) proposed. Offeror shall provide at least tee references of similar projects including company name, point-of-contact, phone number and email address (if available). Reference Section IX.A.2 below for details regarding how the Government will evaluate this factor.(3) Key Personnel: The proposal shall contain resume(s) and letter(s) of commitment for the Project Manager position. Resume(s) should detail the education, experience, and approximate percentage of time the personnel will be working for this project. Proposed key personnel must meet the minimum experience and education required by Performance Work Statement Section 3.6.2. Reference Section IX.A.3 below for details regarding how the Government will evaluate this factor.(c) Business/Price Proposal InstructionsBusiness/Price proposals must adhere to the pricing structure established in Section (V) above.The proposal must include a price for all Contract Line Items (CLINS).Any acceptance period entered on the proposal form by the offeror shall not be less than forty-five days, which shall apply if no other period is offered.The person signing the offer must have the authority to commit the offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the Solicitation, to make an award without discussion if it so elects.(IX) FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Jan 1999), applies to this acquisition. Offers will be evaluated based on Best Value and the factors set forth in paragraph (a), and award will be made to the firm offering the Best Value acceptable to the Government.A. Evaluation CriteriaThe following factors will be used to evaluate the technical proposals.(1) Evaluation Factor 1: Experience and Expertise. The Government will evaluate the degree of demonstrated experience and expertise in preparing a comprehensive cultural resource and cultural landscape study, particularly as it pertains to the National Historic Preservation Act (NHPA) review process and cultural resource assessment of the National Environmental Policy Act (NEPA), including specific experience and ability to:a. Gather and analyze data required to perform an archaeological resource inventory associated with near shore and coastline archaeological resources;b. Gather and analyze data required to design a Native Hawaiian and community engagement tool or template for collecting cultural information;c. Gather and analyze data required to conduct a cultural resource inventory and socio-economic analysis of cultural uses based on public input and community engagement; andd. Communicate effectively with federal agencies and Native Hawaiian communities in the field of marine resources and cultural resources management.Proposals will be evaluated on the offeror's demonstrated ability to effectively summarize, respond to and incorporate project manager and public agency comments on working drafts and other products. Proposals will also be evaluated on the offeror's specific knowledge of NEPA, the NHPA, and related protected areas as well as cultural resource legislation. Work in Hawaii or other Pacific Island Territories is required. Demonstrated working knowledge of Pacific Island ecosystems is required. Proposal must also demonstrate understanding of the project concept and schedule.(2) Evaluation Factor 2: Past performance. The offeror´s past performance on recent contracts similar in scope, in whole or in part, to the Performance Work Statement herein, will be evaluated to determine the relevance as compared to the requirements stated within this solicitation.Firms with a history of poor performance will receive a low rating on the "Past Performance" evaluation factor. Firms with a history of average performance will receive an average rating. Firms with a strong history of reliable performance will receive a higher rating. If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating.The Government will use its discretion to determine the sources of past performance information used in the evaluation, and information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.Award may be made from the initial offers without discussions. However, if the Government receives negative past performance information and the Offeror has not had a previous opportunity to review the rating, the Offeror will be given an opportunity to address such unfavorable reports of past performance.(3) Evaluation Factor 3 - Key Personnel. Proposed key personnel will be evaluated based on the resume(s) submitted detailing the education, experience, and approximate percentage of time each proposed personnel will be working for this project. Evaluation will be based on how closely the proposed personnel's experience and education meets the qualifications as stated in the Performance Work Statement, Section 3.6.2.B. Evaluation of Cost Proposals(1) The offered prices will be evaluated but not scored. The price evaluation will determine whether the offered prices are realistic, complete, and reasonable in relation to the solicitation requirements. Offered prices must be entirely compatible with the technical offer.(2) The Government may use the results of cost/price realism analysis to adjust the offeror's proposal to a most probable cost to the Government. The analysis may include information from a government auditing agency, Government technical personnel, and other sources.C. Award Basis(1) Award will be made to the offeror whose proposal is most advantageous to the Government, cost and other evaluation factors considered. The Government reserves the right to award a contract on the basis of the initial proposals without any negotiations or call for final revised proposals. Therefore, offerors are urged to submit their best offer with the initial submittal.(2) 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 plus foreseeable costs. 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).(X) The offeror must include a completed copy of the provision at 52.212-2, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (Aug 2013), with its offer.An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at System for Award Management (SAM) at www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (c) tough (o) of this provision.All vendors doing business with the Government are required to be registered with the System for Award Management (SAM), at www.sam.gov, which replaces the CCR and ORCA systems formerly used for this purpose. NO award can be made unless the vendor is registered in SAM.In order to register in SAM and be eligible to receive an award from this acquisition office, all vendors must first have a Data Universal Numbering System (DUNS) number issued by Dun & Bradstreet, Inc. Vendors may obtain a DUNS number free of charge by visiting http://fedgov.dnb.com/webform or by calling the Dun & Bradstreet Customer Resource Center at (800) 333-0505.(XI) The clause at FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (May 2014), 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 (Jan 2014) applies to this acquisition as follows:52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (May 2014)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:XX (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).XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).XX (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).XX (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).XX (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).XX (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).XX (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).XX (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).XX (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).XX (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).XX (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).XX (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).XX (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).XX (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).(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:XX (6) 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).(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 teshold, 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 (Apr 2010) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (May 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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).(vii) 52.222-40, 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.(viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).(x) 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.)(xi) 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)(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).(xiii) 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).(xiv) 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.(xv) 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)(XIII) The following additional contract requirements apply:FEDERAL ACQUISITION REGULATION CLAUSES:FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998). This contract incorporates on 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 address: https://www.acquisition.gov/far/index.htmlFAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)FAR 52.214-35 SUBMISSION OF OFFER IN U.S. CURRENCY (APR 1991)FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)FAR 52.242-15 STOP-WORK ORDER (AUG 1989)FAR 52.216-1 TYPE OF CONTRACT (APR 1984).The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990).Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years.(End of Clause)DEPARTMENT OF COMMERCE CLAUSES:CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)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.(End of clause)CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)(a) Will be designated at time of award via letter. The COR may be changed at any time by the Government without prior notice to the contractor by a contracting officer letter. (b) The responsibilities and limitations of the COR are as follows:(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or tough the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.(End of clause)CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 103/4by 141/4inches. A "production unit" is one sheet, size 81/2x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).(End of clause)CAR 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 teshold. 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 request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause)CAR 1352.215-72 INQUIRIES (APR 2010)Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist, Ms. Sarah McKim at Sarah.McKim@noaa.gov. Questions should be received no later than 2:00 PM PDT, July 7, 2014. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause)CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (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 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address:Ms. Michelle KouisContracting OfficerWestern Acquisition Division7600 Sand Point Way NESeattle, WA 98115Fax: (206)526-6025(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:Senior Procurement Executive andDirector, Office of Acquisition ManagementU.S. Department of CommerceRoom 6422Herbert C. Hoover Building1401 Constitution Avenue N.W.Washington, D.C. 20230FAX: (202) 482-1711(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 CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.FAX: (202) 482-5858CAR 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 Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858(XIV) The Defense Priorities and Allocations System (DPAS) does not apply.(XV) Offerors are responsible for submitting their proposals, and any revisions, so as to reach the office identified below no later than 2:00 p.m. Pacific Daylight Time on July 16, 2014. Email submissions are encouraged and may be sent to Sarah.McKim@noaa.gov. Otherwise, offers may be mailed to Ms. McKim's attention at the address below:Western Acquisition Division Contracts Branch 7600 Sand Point Way NE, SOU6 Seattle, WA 98115-6349 Any package not marked or incorrectly marked for identification as a proposal and is subsequently delivered late will not be considered for award.Regardless of the delivery method used, it is up to the vendor to ensure proposals are received in the contracting office by the specified due date.(XVI) For more information regarding this solicitation, please contact Ms. Sarah McKim, Contract Specialist, at Sarah.McKim@noaa.gov.
AB-133C-14-RQ-0090 Department of Commerce National Oceanic and Atmospheric Administration
6/23/14, 8:40 PM