Interpretive Services Combined Synopsis Rev.1.pdf

USDA FOREST SERVICE

COMBINED SYNOPSIS/SOLICITATION NOTICE

Interpretive Services

Section A – General Information & Instructions

Solicitation Number: 12318720Q0201 Posted Date: April 14, 2020 Original Response Date: April 28, 2020 Current Response Date: April 28, 2020 Product or Service Code: R608 Set Aside: None NAICS Code: 541930

Contracting Office:

USDA FOREST SERVICE

AQM PROC PROPERTY

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-1138

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a proposal.

The North American Industry Classification System (NAICS) code is 541930. Offerors must be registered with the System for Award Management at www.sam.gov; in order to be considered for award.

Potential vendors may register at the following web site: https://www.sam.gov/portal/public/SAM.

Lack of registration in the SAM database will make an offeror ineligible for award.

FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see www.acquisition.gov. At its discretion, the Government contemplates a potential award of up to two (2) Firm Fixed Priced contracts resulting from this solicitation that will include the terms and conditions outlined herein.

Description of Services: The Chief Financial (Budget & Finance) and Human Resources Management Offices of the USDA Forest Service have a need to procure a Base and 4 Option Year contract for interpretive services for deaf and hard of hearing employees based at the Albuquerque Service Center, Albuquerque, NM 87109. See Performance Work Statement for details.

This combined synopsis & solicitation notice is a request for competitive quotations. Therefore, all capability statements or quotations received prior to the RFQ close date will be considered.

The Government may award up to two contracts resulting from this RFQ to the responsible Offeror whose offer represents the best value in terms of technical capability, past performance and price in accordance with FAR 13.106-1(a)(2). All non-price factors (i.e., technical capability and past performance) are significantly more important than price.

http://www.sam.gov/ https://www.sam.gov/portal/public/SAM http://www.acquisition.gov/

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The Government intends to award based on initial submissions. Vendors are to present their best and final pricing with its offer. Discounts are encouraged. Vendors are to greatly minimize the use of “assumptions”. The Government will not pay for the costs of preparing and submitting a proposal for this requirement.

Offerors must submit representations and certifications in accordance with the provision at FAR 52.212-3 Offeror Representations and Certifications—Commercial Item (accessible at www.acquisition.gov) or submit their representations and certifications as entered into the System for Award Management (www.sam.gov).

Submit the following documents in response to this RFQ:

1. Quotation Cover Page: All submissions must list your DUNS number, CAGE code, and Federal TIN with Company name, Point of Contact (POC), and phone number. If you need to obtain or renew a DUNS number or CAGE code, please visit www.sam.gov.

2. Technical Capability Statement: The Technical portion of this volume should present how the vendor employs industry best practices to accomplish the Agency’s objectives while considering the unique constraints inherent to the USDA Forest Service environment. Technical Capability Statements shall be limited to 10 pages, excluding cover letters, resumes/certifications of interpreters.

3. Key Personnel: The vendor will submit an individual as Key Personnel and POC for the work conducted under this contract. The Government will evaluate the resume submitted for the Key Personnel proposed.

4. Staffing Plan: The Offeror shall show that they can provide key technical staff with the appropriate skills and certifications listed in the Performance Work Statement (PWS). The Offeror shall also show their ability to fulfill all the technical requirements listed in the PWS.

5. Offeror’s Experience and Past Performance: The Offeror shall provide its experience as it relates to this requirement and provide information regarding current and previous contracts demonstrating similar and substantive experience (submit information for 3 to 5 locations) within the past 3 years. Information provided shall include:

a. Contract/Task Order Number;

b. Specific services provided;

c. Names and telephone numbers of contract personnel;

d. Date of contract start and ending;

e. Name and phone number of client contact;

f. Information that demonstrates the Offeror has the requisite experience and knowledge in implementing the requirements stated in the performance work statement (PWS); and

g. Corporate organization.

6. Price Quotation (see also Section B, Part 1): The Offeror’s price proposal shall be evaluated for fair and reasonableness. The Offeror shall submit Firm Fixed Price (FFP) for all support described. Offerors shall provide the fully loaded (or burdened) hourly rate. All pricing proposed in response to this RFQ shall be Firm Fixed Price. There is no page limit for pricing. The hourly rate for each labor category shall be priced for the base year and each option year to be considered complete.

http://www.acquisition.gov/ http://www.sam.gov/

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Offers are due no later than 5:00 PM MT, April 28, 2020. All questions/inquiries must be submitted to the Contract Specialist via electronic mail (e-mail) no later than 12:00 PM MT, April 17, 2020. No telephone calls will be accepted. No further questions will be accepted after that date and time unless deemed in the best interest of the Government. Submit offers or any questions to the attention of JoAnne Meiers via email to: joanne.meiers@usda.gov. Offerors who fail to complete and submit the requirements above may be considered non-responsive.

You are reminded that representatives from your company SHALL NOT contact any US Forest Service employees to discuss this RFQ during this procurement phase. All questions and concerns regarding this RFQ shall be directed to the above contracting official.

Section B – Schedule of Items & Performance Work Statement (PWS) Part 1 – Schedule of Contractor Line Item Numbers

Base Year: May 1, 2020 through April 30, 2021 CLIN Service Regular

Hourly Rate Night and Weekend

Short Notice

001 ASL Sign Language Interpreting 002 Signed Exact English Interpreting 003 Contact Sign Interpreting 004 Close Vision Interpreting 005 Tactile Interpreting 006 Video Remote Interpreting (VRI)

Option Year One: May 1, 2021 through April 30, 2022 CLIN Service Regular

Hourly Rate Night and Weekend

Short Notice

001 ASL Sign Language Interpreting 002 Signed Exact English Interpreting 003 Contact Sign Interpreting 004 Close Vision Interpreting

Option Year Two: May 1, 2022 through April 30, 2023

Hourly Rate Night and Weekend

Short Notice

001 ASL Sign Language Interpreting 002 Signed Exact English Interpreting 003 Contact Sign Interpreting 004 Close Vision Interpreting

Option Year Three: May 1, 2023 through April 30, 2024 mailto:joanne.meiers@usda.gov

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Hourly Rate

Night and Weekend

Short Notice

001 ASL Sign Language Interpreting 002 Signed Exact English Interpreting 003 Contact Sign Interpreting 004 Close Vision Interpreting

Option Year Four: May 1, 2024 through April 30, 2025

Hourly Rate Night and Weekend

Short Notice

001 ASL Sign Language Interpreting 002 Signed Exact English Interpreting 003 Contact Sign Interpreting 004 Close Vision Interpreting

Part 2 – Performance Work Statement (PWS)

1. GENERAL

1.1 Purpose: USDA Forest Service seeks a contractor to provide in person sign language interpreting services (SLIS) for deaf and hard of hearing employees with the USDA Forest Service located at the Albuquerque Service Center (ASC) in Albuquerque, NM for both short and long term engagements that require in-person services only.

Qualified interpreters are skilled professionals who adhere to a strict code of ethics and facilitate communication between two parties that do not share the same language. American Sign Language (ASL) has a linguistic structure quite different from English, therefore a skilled interpreter must be able to interpret effectively, accurately, and impartially both expressively (voice-to-sign) and receptively (sign-to voice) in any given communication situation.

Each individual that requires interpreting services is unique with differing communication needs.

Interpreters are assigned to clients based on these needs, certification level, experience and other factors.

Specialized credentials are available for educational and legal settings.

“Interpreting” involves translating the spoken word into sign language and vice versa to enable deaf persons to communicate with hearing persons. The terms “signing” and “interpreting” are often used interchangeably; however, “interpreting” requires a high degree of skill which many persons who have sign language abilities do not possess. An interpreter is one who has completed an interpreting training program and/or is certified by a recognized certifying body such as the National Registry of Interpreters for the Deaf. (Chapter 306, Federal Personnel Manual, Subchapter 5, Section 5-3(a).)

1.2 Background: Under the provisions of the Rehabilitation Act of 1973, as amended, in Title V, Section 501, Federal agencies are required to provide reasonable accommodations for qualified applicants and employees with disabilities, barring undue hardship. Section 504 stipulates that an individual with

5 | P a g e disability, solely because of the disability, shall not be excluded from participation in or be denied the benefits of any Federal program or program receiving Federal financial assistance. Section 504 requires the provision of auxiliary aids and services (i.e., interpreting services) necessary to ensure effective communication with deaf, hard of hearing or deaf-blind individuals.

USDA Forest Service conducts numerous Departmental programs, meetings, and activities where assemblies may vary in size. The Department facilitates communication access for Deaf and Hard of Hearing employees through the use of interpreting services.

1.3 Scope: The subject contract for in-person interpretive services may be awarded to up to two vendors at the discretion of the Government. Task orders pursuant to the base contract will deliver said services to deaf and hard of hearing employees based within the USDA Forest Service’ CFO Budget & Finance and Human Resources Management offices located in Albuquerque, NM.

1.4 Period of Performance: The period of performance shall be for one (1) base year of 12 months and four (4) option years.

1.5 Place of Performance: The work to be performed under this contract will be performed in the state of New Mexico only. Services will take place primarily at the Albuquerque Service Center - 101B Sun Avenue NE, Albuquerque, NM 87109 or 4000 Masthead Street NE, Albuquerque, NM 87109.

Occasionally, work may be performed at a different site, which will be outlined in the individual request.

2. REQUIREMENTS

The Contractor is responsible for providing qualified and vetted interpreting services upon request for short and long-term engagements.

The Contractor shall be responsible for all coordination of services from receipt of request through fulfillment of the request.

The quality of the provided interpreter’s performance is particularly important and critical when the USDA Forest Service selects a firm’s suitability for future orders. All evaluations orders under this contract shall be based on Technical Capability, Past Performance and Price.

It is incumbent on the Contractor to verify each interpreter’s capabilities and take corrective action if performance problems arise.

The Contractor is responsible to:

• Provide qualified and vetted interpreters with the qualifications as stated in this work statement.

• Schedule and manage service requests ensuring all requests are fulfilled.

• Ensure all services are provided in a quality manner in compliance with this work statement via a sound quality control program.

It is essential that all interpreters assigned to this contract acquire and maintain extensive knowledge of the USDA Forest Service culture and terminology that relates to the client’s/employee’s work.

A team of individuals should be identified to provide the majority of interpreting services to USDA Forest Service employees at each site. This will allow the interpreters to become familiar with the culture, 6 | P a g e terminology, and logistics of each work site while ensuring continuity and consistency of service for the employees who receive interpreting services.

The Contractor is responsible for ensuring interpreters are provided with materials available from the Contracting Officer Representative (COR) such as videos, briefing materials, mission statements and speeches. Interpreters should also be familiar with information on the employee’s agency website.

2.1 Management/Scheduling of Services:

2.1.1 Overview of Expectations: The Contractor shall perform all administrative support tasks associated with performance including:

2.1.1.1 Maintaining a profile for each consumer that minimally includes each person’s communication preferences, description of workplace terminology, and contact information;

2.1.1.2 Maintaining an appointment schedule, taking all incoming requests for interpreting services;

2.1.1.3 Determining how and who will cover these services;

2.1.1.4 Scheduling appointments;

2.1.1.5 Resolving scheduling conflicts for interpreting services;

2.1.1.6 Originating invoices,

2.1.1.7 Obtaining client/employee receipts for services rendered;

2.1.1.8 Forwarding documents to appropriate billing address which will be provided by the

COR;

2.1.1.9 Verifying with the COR, the hours worked against all invoices and submitted receipts.

2.1.2 Vendor Point of Contact: The Contractor shall provide a point of contact (POC) who will be responsible for coordinating and scheduling interpreting services. The POC shall be available Monday through Friday, between the hours of 8:00 a.m. to 5:00 p.m. MST (or as otherwise required in an individual order). The POC shall work with the COR, his/her designee or end-users for additional assignments.

2.1.3 Vendor Responsiveness: The Contractor must be able to receive and respond to requests for services by e-mail during normal business hours. E-mail including routing, receipts and time stamps, represents official records of service requests and shall be retained in accordance with documentation for billing and service delivery requirements.

2.1.4 Assignment/Designation of Interpreting Coordinator if Different from POC: The Contractor shall provide an interpreting coordinator, if different from the POC. The interpreting coordinator is responsible for directing all requests for services, identifying those that will require additional resources and those that can be filled by on-site interpreters. The interpreting coordinator manages the schedule for on-site interpreters. In general, the schedule is finalized within three full business days in advance, considering the requests known at that time and the interpreters that will be available. Contractor staff that performs scheduling are expected to work closely with the COR or his/her designee to ensure accuracy and that resources are used efficiently and effectively.

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2.1.5 Authority to Request Services: Only the COR or his/her designee is authorized to request services and/or approve expenditure of funds within the total value of the current obligation, unless otherwise stated in the order issued pursuant to this contract.

2.1.6 Escorts on USDA Forest Service Premises: When an escort is required for building access, the person requesting services is expected to address those needs. The Contractor is expected to notify the requestor in the confirmation notice if an escort is required. The Contractor is required to obtain primary and alternate contact information as part of the request and to confirm as necessary. The Contractor is also expected to arrive sufficiently early to clear security prior to the start time of the request.

2.1.7 Normal Service Hours: The Contractor shall provide Interpreting Services during normal business hours at standard rates, Monday through Friday (except Federal Holidays and Presidential designated Federal Holidays or days off) from 8:00 a.m. to 5:00 p.m. Mountain Standard Time (9 business hours) at the USDA Forest Service employee’s assigned workplace/meeting room or at other locations approved by the COR.

2.1.7.1 Times outside of these hours must be approved by the COR or his/her designee in advance.

2.1.7.2 “Full-Time Interpreting Services” are defined as interpreters scheduled for the day at the government’s facility and assigned to requests by the government on an ad hoc basis.

2.1.7.3 “Scheduled (additional) interpreting services” are defined as interpreting provided for individual requests for a period of time. More than one interpreter may be required for a single request.

2.1.8 Short Notice Scheduling: The Contractor may provide additional scheduled services on a per-request basis as authorized by the COR or his/her designee. Additional service requests may be submitted with short notice. If interpreters become available as a result of a last minute cancellation and are requested on another request, the Contractor may not charge a cancellation fee.

2.1.9 USDA Forest Service Requests: The COR or his/her designee shall contact the Contractor

POC to provide the request a minimum of three (3) business days prior to the date of the assignment. The Contractor, interpreter, captioner, and transcriber shall not initiate requests or modifications outside of the established processes. If an end-user requests additional services, they should be referred to the COR or designee for scheduling. USDA Forest Service shall not be liable for requests made by individuals without the actual authority to do so.

The request shall include the following information:

• Name of Agency

• Name of Requestor

• Name of Customer

• Services Preference, (Signing, etc)

• Date of Assignment

• Assignment Name/Description/Topic

• Location

• Building Address

• Room/Office Number

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• Start Time, End Time

• On-site USDA Forest Service POC

• On-site USDA Forest Service POC Phone/Email

• Agenda/Program/Documents/Acronyms

• Appropriate Attire

• Customer’s Escort for the Vendor Employee

2.1.9.1 Receipt and Acknowledgement of Requests: The Contractor shall notify the COR or his/her designee, the person requesting services, and other parties as identified in the email requesting services as follows:

2.1.9.1.1 The request for services has been received. This is an acknowledgement of the request and begins the process of identifying and scheduling resources. If any information is incomplete, the acknowledgement shall identify the missing information that will be required before the request can be confirmed. The acknowledgement is expected within one (1) business day of receipt (weekends and federal holidays are not considered business days).

2.1.9.1.2 The request for services has been confirmed. This is a commitment from the contractor to provide the requested resources at the date, time and location specified. A confirmation shall not be issued if required information (date, time, location) is missing. The confirmation shall be sent at least 3 business days prior to the day of the request and shall list the full name of the interpreter(s) assigned.

2.1.9.1.3 If the contractor is unable to confirm a request at least 3 business days prior to the day of the request, the contractor shall notify the Agency POC that the request cannot be filled. This notice should be sent to the interpreting coordinator with as much advance as the contractor can provide ahead of the day of the request.

2.1.9.1.4 In the case of late requests made with 3 or fewer business days’ notice to the contractor, the notice that the request is confirmed or unconfirmed shall be sent as early as possible, or by 4:00 p.m. the day of the request.

2.1.9.2 Contractor Right of Refusal for Last Minute Requests: If a request is received less than (3) three business days (27 business hours) prior to the time of the assignment, the contractor may turn-down the request if it is unable to provide a contractor employee meeting minimum qualifications. The contractor should attempt to fill the request if able or notify the COR or his/her designee as soon as possible, or within 48 hours prior to the assignment to attempt to fulfill the request in an alternative manner.

2.1.9.3 On-Call Services: The Agency may contract for on-call services. On-call services are not subject to the scheduling notification and refusal constraints outlined in this PWS.

2.1.9.4 Cancellation of Services: Sign language interpreting services may be cancelled two (2) business days from the time of the request (18 business hours) in advance of the scheduled interpreter assignment without penalty or charges for cancelled services.

2.1.9.5 Minimum Billing: A two (2) hour minimum may be billed per assignment for on-site services. See also Section D – Invoicing.

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2.1.10 Additional Interpreters: The Contractor shall provide additional interpreters to assist at training, conferences, or meetings. The Contractor shall obtain advance authorization from the COR or designee and arrange for additional interpreters to fulfill these requirements.

2.2 Fulfill Sign Language Interpreting Requests

2.2.1 The Contractor shall provide qualified sign language interpreters upon request and monitor quality of services provided.

2.2.2 Provision of Multiple Interpreters: Contractor shall provide sufficient interpreters to adequately perform the required services according to industry accepted best practices.

For Example: One (1) interpreter may be sufficient for most assignment(s) of one and a half (1.5) hours or less. Two interpreters may be required for a special circumstances based on an individual’s needs. Two (2) or more interpreters may be needed for, but are not limited to, the following:

2.2.2.1 Any assignment exceeding one and a half (1.5) continuous hours;

2.2.2.2 Any assignment where a Deaf/Hard of Hearing individual has a prominent role in the scheduled activity and/or there are multiple Deaf/Hard of Hearing or Deaf/Blind participants;

2.2.2.3 Any assignment where more than one (1) mode of communication is preferred by the Deaf/Hard of Hearing participants; e.g., interpreting, transliterating, oral interpreting and/or tactile interpreting;

2.2.2.4 Any assignment where the material or subject matter being presented or discussed is extremely technical, complex or difficult for a lay person to understand;

2.2.2.5 Any assignment involving a panel discussion or large group meetings of any length;

2.2.2.6 Any assignment, based on the nature of the subject matter or the Deaf/Hard of Hearing participants’ needs, which requires extensive sign language interpreting services.

NOTE: It is incumbent on the Agency POC/requestor to convey the information.

2.2.3 Qualifications and Expectations: Receptive and expressive skill are equally important. A variety of interpretive abilities may be needed including American Sign Language (ASL), Signed Exact English (SEE), Contract Sign (formerly known as PSE), close sign, sign supported speech, and tactile. The following skills and abilities are required (for receptive and expressive interpreting) of all Sign Language Interpreters under this order:

2.2.3.1 Ability to keep pace with normal conversation in conferences, meetings, seminars, training courses, interviews, and public speaking events;

2.2.3.2 Ability to voice interpret;

2.2.3.3 Ability to accurately indicate nuances, tone, intonation, inflection and the spirit of the speaker’s voice to enable the consumer to fully receive messages;

2.2.3.4 Skills to cover special events (e.g., anthem);

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2.2.3.5 Ability to interpret personal sessions of a sensitive nature;

2.2.3.6 Comprehensive knowledge of the use of the English vocabulary including the ability to read well and articulate clearly;

2.2.3.7 Interpreting assignments will include technical and non-technical content and may involve computers, finance, science, engineering, legislative matters, human resources, civil rights, meetings, training, and other job-related functions;

2.2.3.8 Ability to select, highlight and abstract with context when dealing with complicated concepts, idioms, etc.

2.2.4 The Contractor shall provide interpreters who possess the following qualifications:

2.2.4.1 All interpreters provided on this contract shall be licensed to interpret within the state of New Mexico. Contractors are expected to identify and conform to any applicable state requirements for sign language interpreters.

2.2.4.2 Interpreters must have substantive experience transliterating ASL.

2.2.4.3 Interpreters must be equally proficient in sign-to-voice and voice-to-sign transliteration.

2.2.4.4 The interpreters must also be aware of and sensitive to ethnic/cultural and linguistic concerns regarding the Deaf community and culture.

2.2.4.5 The interpreters must comply with the Code of Professional Conduct established by the Registry of Interpreters for the Deaf (RID).

3. PERFORMANCE MEASURES

3.1 Scheduling of Services

3.1.1 The contractor shall ensure at least 98% of all requests are accurately confirmed, based on information provided by the customer request.

3.1.2 The contractor shall ensure 98% of all requests are confirmed within one (1) business day (by 4:00 p.m. the following business day from the request, on Fridays due by 4:00 the following Monday)

3.1.3 The contractor shall ensure 98% of all requests received 3 days in advance shall be filled.

Periodically, the contractor shall be expected to provide on-call sign language interpreters to provide last minute, urgent requests.

3.2 Fulfillment of Requests

3.2.1 Sign language interpreters shall arrive at scheduled assignments at least fifteen (15) minutes prior to the beginning of the assignment and contact the onsite Agency POC to be escorted, at least 95% of the time.

3.2.2 If Agency POC, designee, or end-user, has not arrived within the prescribed timeframe, Sign language interpreters shall immediately contact the Contractor for guidance.

3.2.3 There shall be no more than two (2) instances during the performance of this contract where interpreters fail to arrive for an assignment.

3.3 Interpreting Skills

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3.3.1 Sign language interpreters shall demonstrate receptive voice translation and technical expression as they relate to the requirements of the deaf or hard of hearing employee, 98% of the time.

3.3.2 The contractor shall ensure customer preferences and expectations related to the selection of sign language interpreters are met, 95% of the time. This will be measured via client surveys.

3.3.3 There shall be no more than three (3) for each user where feedback received from customers indicates customer dissatisfaction pertaining to the preferred mode of communication and/or code of ethics.

3.4 Professionalism

3.4.1 The contractor shall ensure that 98% of all sign language interpreters demonstrate professionalism in, attitude, and behavior.

3.4.2 Business attire, if required, shall not be distracting to the eyes of the customers (e.g., jewelry, buttons, bright-colored tops and nail polish, and visual tattoos)

3.5 Professional Neutrality

3.5.1 Sign language interpreters shall not attempt to influence USDA Forest Service policy when performing services.

3.6 Confidentiality

3.6.1 Sign language interpreters shall not disclose any information obtained during assignments.

3.7 Preferred and Banned Interpreters

3.7.1 Dependent upon availability, the contractor will make every effort to secure preferred interpreters. Conversely, clients reserve the right to ban certain interpreters who do not perform at a level the clients deem satisfactory. Interpreters will only be banned for those clients that have requested the ban. The contractor will maintain the list of preferred and banned interpreters and ensure it is followed.

Section C – Contract Administration Data

Contracting Officer: Contract Specialist:

Deana Hicks JoAnne Meiers 201 14th Street, SW 4000 Masthead Street NE Washington, DC 20024 Albuquerque, NM 87109 deana.hicks@usda.gov joanne.meiers@usda.gov 703-605-4728 505-563-7242

COR (CFO Budget & Finance): COR (HRM):

Patricia Maas Jocelyn Duran 101B Sun Avenue NE 4000 Masthead Street NE Albuquerque, NM 87109 Albuquerque, NM 87109 505-563-7512 505-563-9531 mailto:deana.hicks@usda.gov mailto:joanne.meiers@usda.gov

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Section D – Invoicing and Payment

All invoices shall be provided to the Government via the Invoice Processing Platform (IPP) found at https://ipp.fms.treas.gov/. Invoices shall provide a clear understanding of the work performed in the previous billing period and shall contain enough documentation to justify the price billed for that period.

Upon award of a contract, contracts must enroll in IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices shall not be accepted. Contractors may bill a two (2) hour minimum per assignment for on-site services.

All payments will be made for invoices submitted and approved in IPP. The Government Purchase Card (GPC) is not authorized as a payment mechanism for any order issued under this contract.

Section E - Contract Clauses

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 Contract Specialist will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov.

52.203-3 Gratuities. (APR 1984) 52.204-7 System for Award Management. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.212-1 Instructions to Offerors-Commercial Items.

52.212-2 Evaluation-Commercial Items.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.217-5 Evaluation of Options (JUL 1990) 52.224-2 Privacy Act (APR 1984) 52.227-14 Rights in Data – General (DEC 2007) 52.236-7 Permits and Responsibilities (NOV 1991) 452.224-70 Confidentiality of Information (FEB 1988)

FULL-TEXT CLAUSES

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP

2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTE OR

EXECUTIVE ORDERS-COMMERICAL ITEMS (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, https://ipp.fms.treas.gov/ http://www.acquisition.gov/ https://www.acquisition.gov/content/52212-1-instructions-offerors-commercial-items https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items

13 | P a g e which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (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 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5)[Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (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 (Oct 2018) (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).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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☐ (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 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) ☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Nov 2016) of 52.219-9.

☐ (v) Alternate IV (Aug 2018) of 52.219-9

☐ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

☐ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

☐ (20) 52.219-16, Liquidated Damages-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 (Oct 2019) (15 U.S.C. 657f).

☒ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

☐ (23) 52.219-29, Notice of Set-Aside for, 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)).

☒ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☐ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

☒ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

☒ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

☐ (ii) Alternate I (July 2014) of 52.222-36.

☒ (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).

☒ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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.)

https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/52222-40-notification-employee-rights-under-national-labor-relations-act#i1056304 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52222-54-employment-eligibility-verification#i1056753 https://www.acquisition.gov/content/221803-contract-clause#i1095479

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☐ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (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).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (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.

☒ (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)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

☐ (47)(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.

☐ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (49) 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).

☐ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

☐ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-11-ozone-depleting-substances-and-high-global-warming-potential-hydrofluorocarbons#i1053180 https://www.acquisition.gov/content/52223-12-maintenance-service-repair-or-disposal-refrigeration-equipment-and-air-conditioners#i1053196 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232 https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232 https://www.acquisition.gov/content/52223-15-energy-efficiency-energy-consuming-products#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274 https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274 https://www.acquisition.gov/content/52223-18-encouraging-contractor-policies-ban-text-messaging-while-driving#i1053316 https://www.acquisition.gov/content/52223-20-aerosols#i52_223_20 https://www.acquisition.gov/content/52223-21-foams#id1668D08086F https://www.acquisition.gov/content/52224-3-privacy-training#i52_224_3 https://www.acquisition.gov/content/52224-3-privacy-training#i52_224_3 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372…