12fPC419Q0006a_Plan.pdf

Solicitation for Strategy Planning Pacific Islands Area

12FPC419Q0006a

Page 1 of 12 12FC419Q0006a Strategy Plan PIA Hawaii

This is a combined synopsis/solicitation for commercial items 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. This acquisition for commercial items will be conducted using simplified procedures under FAR Part 13 and 13.5.

Contracting Office Address Department of Agriculture, Natural Resources Conservation Service, Howard Stover, Contracting Officer375 Jackson Street, Suite 600, St. Paul, MN 55101-1854

Responses are due by 17:00 Central Time, 20 August 2019 at USDA-NRCS (Attn: Howard Stover), 375 Jackson Street, Suite 600, St Paul, MN 55101. Quotes may be submitted via hard copy or email.

Contact Howard Stover, Contracting Officer, via telephone at (651) 602-7934 or by e-mail Howard.Stover@wdc.usda.gov for information regarding this solicitation. No questions concerning this solicitation will be responded to after 15:00 pm 14 August 2019

Description

1. Background The US Department of Agriculture’s Natural Resources Conservation Services (NRCS) supports conservation throughout the Pacific Islands Area (PIA). This area includes Hawaii and the Pacific islands, including Guam, American Samoa, CNMI and Micronesia. NRCS PIA has one state office and twelve service centers, with a total of approximately 56 employees that administer several technical and financial assistance programs through a variety of producer contracts and partner agreements.

The NRCS is an agency committed to “helping people help the land”. The NRCS PIA is committed to delivering conservation solutions for the island's ranches, farms and forests. The vision is healthy soils and forests, clean and abundant water and thriving agricultural communities.

NRCS’s PIA Office faces several challenges, including a broad scope of responsibilities and programs, a large and diverse geographic area, the reliance on partnerships to achieve its mission, and complex funding priorities. NRCS PIA Office would like to hire a consultant to help with its strategic planning effort.

The NRCS PIA strategic plan needs to align with the overall mission and vision. It needs to have clear goals, actions to achieve these goals, and resources to implement these actions.

The NRCS PIA strategic plan needs to include strategic objectives and tactics for the following four (4) goals, with SMART (specific, measurable, achievable, relevant, and time-bound) metrics for accountability:

a. Creating Successful Customer Relationships

b. Streamlining Conservation Delivery System

c. Developing a Trained and Engaged Workforce

d. Collaborating and Innovating with Partners.

Expected results include:

1. Greater transparency and an established process for engagement with staff, partners and customers to ensure input is integrated.

2. More satisfied, motivated, effective and efficient staff, partners and customers.

3. Investing strategically to solve natural resource problems by identifying Priority Areas and Conservation Concerns for PIA.

4. Focused and efficient delivery of technical and financial assistance, enabling the NRCS PIA and partners to achieve and measure desired outcomes.

2. Objectives NRCS was established in 1935 and has undergone extensive evolution in staffing and scope of mission since that time. Years ago, NRCS operated under strategic plans that started in 1997 and 2002. NRCS is now

Page 2 of 12 12FC419Q0006a seeking to create a new strategic plan. The organization’s successes have not yet been fully documented nor has the full magnitude of the organizational problems been fully understood. These factors, along with changes in the operating landscape and initiatives of the Administration, require a thorough assessment.

Additionally, any new strategic direction must be well-integrated with partner needs and reflect the unique geographic and cultural settings of operations.

3. Scope/Deliverables The NRCS is seeking a contractor to provide technical and administrative support in planning, developing and implementing a Pacific Island Area strategic plan. The contractor will work as a team member with NRCS PIA’s Leadership Team and employees to complete the finished product. The contractor shall:

• Provide support in the planning process of the project, which will include a work break down structure or other means of communicating how the project will be completed.

• Review of legacy NRCS PIA strategic plan content, NRCS PIA of the future documents, NRCS PIA activities and programs. Use a template from NRCS PIA and/or example provided by NRCS PIA as the framework for developing the strategic plan.

• Help plan an All-Hands NRCS PIA pre-meeting to provide strategic planning context and purpose to prepare PIA session participants.

• Design and distribute a survey to attendees and conduct pre-interviews, using an interview guide.

The interview guide should be based on the template and/or example provided by NRCS. The contractor should use survey and interview results to help inform session planning and drafting of the strategic plan.

• Help plan and facilitate at least one two-day strategic planning session with NRCS PIA, focused on identifying strategic goals, objectives and tactics that will impact NRCS performance and organizational outcomes.

• Assist the NRCS PIA in establishing general, outcome-oriented, 3-5 year goals for the major functions and operations of the agency. The goals, objectives and tactics will need to address the direction(s) the organization intends to take, the implications, and how to achieve the desired results.

• Integrate individual and group NRCS PIA input into a draft strategic plan, so it is ready to share with partners for discussion and feedback. If input is not integrated, respond appropriately so everyone feels they are heard.

• Add/modify the interview guide to ensure partner perspective questions are asked (e.g. Is NRCS PIA messaging clear and consistent? Are NRCS PIA activities and programs well understood and managed? Ask partners to answer numerically and open ended, with room for examples).

• After the interview guide is updated for partners, conduct pre-interviews with key partners in person (preferable) or over the phone. A key partners list will be provided by NRCS. The contractor should use interview results to help inform session planning and drafting of the strategic plan.

• Help plan and facilitate at least one half-day strategic planning session with NRCS PIA partners and invite everyone who was interviewed. The session should on identifying strategic goals, objectives and tactics that will impact NRCS performance and organizational outcomes.

• Integrate input from partners into the draft strategic plan and/or respond appropriately.

• Ensure that strategic objectives formulated by the team (including the contractor and partners) are linked to a set of performance goals and annual performance metrics established to help the agency monitor and analyze progress toward desired outcomes.

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• Ensure tasks that are mandated by Administrative Order, Congress or local laws are assessed and incorporated in the strategic plan.

• Ensure the strategic plan, including improvements to the conservation delivery system, align with regional and state goals and objectives and compatible with overarching NRCS goals.

• Ensure the strategic planning process is transparent internally and externally, to the greatest extent possible. After incorporating NRCS PIA staff input and partner input, meet with the NRCS PIA Director and Leadership Team to discuss, refine and finalize the strategic plan.

4. Period of Performance

The period of performance 1 September 2019 to 31 December 2019.

5. Responsibilities of Government Locations of interviews to be conducted as part of this requirement will be provided by NRCS; most are expected to take place in Honolulu, HI. The NRCS will accommodate scheduling of interviews with employees and partners. NRCS is responsible for providing necessary information, activity and program information, data and documentation to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically outlined in the scope of work. The government will not supply the contractor with IT support or access to government IT equipment. The contractor will be able to use the public WiFi at the NRCS PIA office.

6. Non-Disclosure Work performance required by this PWS will involve access to potentially sensitive information about governmental and landowner issues. The Contractor and all Contractor employees must comply with the terms of AGAR 452.224-70, Confidentiality of Information; AGAR 452.237-75, Restrictions Against Disclosure; as well as provisions of the Privacy Act of 1974, 5 U.S.C. 552a. Additionally, the Contractor's employees must sign a NRCS Conservation Cooperator Certification form and comply with privacy of personal information relating to natural resources conservation programs in accordance with Section 1619 of the Food, Conservation, and Energy Act of 2008 which provides that USDA, or any “contractor or cooperator” of USDA, “shall not disclose—

(A) information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in the programs of the Department; or (B) geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (A) is provided.” USDA may disclose protected information to a USDA cooperator when such cooperator is “providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices” if USDA determines that the protected information will not be subsequently disclosed, except in accordance with the exceptions contained in Section 1619.

Original Point of Contact:

Howard Stover, Contracting Officer, Phone: 651-602-7934, Email: Howard.Stover@wdc.usda.gov

(ii) This solicitation number 12FPC419Q0006 is issued as a Request for Quotations (RFQ), and the acquisition procedures at FAR Parts 12 and 13 are being utilized. The Government reserves the right to make award without negotiations. We will award one base year and four option years.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72, dated January 1, 2014.

(iv) This is a 100% SMALL BUSINESS SET ASIDE and the applicable NAICS code is 925120 --Administration of Urban Planning and Community and Rural Development. The size standard for this NAICS code is $14 million.

Only quotes from small businesses will be considered. A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs. Size standards are the average annual receipts of a

Page 4 of 12 12FC419Q0006a firm. How to calculate average annual receipts of a firm can be found in 13 CFR § 121.104. For more information on these size standards, please visit http://www.sba.gov/size. The size standards are listed at http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf

(vi) Description of Requirements: FISCAL YEAR 2017 NATURAL RESOURCES CONSERVATION SERVICE

STATEMENT OF WORK FOR NATIONAL RESOURCES INVENTORY GRAZING LAND ON-SITE DATA

COLLECTION (hereinafter “SOW”) for details. The Statement of Work is attached.

(vii) Date(s) and Place(s) of Delivery and Acceptance. Delivery and acceptance shall be as set forth in the SOW.

Invoices will be approved by the Contracting Officer.

(viii) The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. The following addenda also apply. Offerors must read and follow these additional instructions to receive consideration.

1. System for Award Management (SAM) Registration In order to comply with the Debt Collection Improvement Act of 1996, all Contractors must be registered in the System for Award Management, or SAM (formerly Central Contractor Registration (CCR)) and Online Representations and Certifications Application (ORCA)) prior to award of a Federal Contract. However, due to the need to promptly award a contract after receipt of proposals, registration in SAM, to include completion of the Representations and Certifications, and having a status of “Active” is required BEFORE submitting an offer. For information regarding registration visit www.sam.gov. Successful offerors and their employees will also be required to provide a completed/signed NRCS Conservation Cooperator Certification as described in the PWS after award is made.

2. Technical Proposal and Past Performance Information Offerors should submit resumes, curricula vitae, and/or a written narrative that thoroughly addresses both non-pricing factors: Technical capabilities and Past Performance. The narrative should be supported by evidence that gives credibility to the statements made by the offeror and in turn gives the Government enough information to understand and gain confidence in what the offeror is stating. There is no limit on the length of the narrative, but it should be of a reasonable length and well supported.

3. Price Proposal Submit unit and extended pricing for each Contract Line Item Number (CLIN) listed in (v) above. Pricing must be provided for every CLIN.

4. Certification at FAR 52.209-7 Information Regarding Responsibility Matters and the Certification at AGAR 452.209–70 (Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction.)The offeror must complete the two certifications by reading and checking the appropriate box(s).

5. Copies of Proposal One copy of the proposal technical/past performance and price proposal are required to be submitted.

Technical Capabilities and Past Performance are significantly higher than price in terms of the evaluation process. Also include the certifications referenced in paragraph 4 above. Offers can be submitted by mail or email.

http://www.sam.gov/

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CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates the following 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): www.acquisition.gov.

FAR CLAUSE DESCRIPTION DATE

52.202-1 Definitions. JUL 2004

52.203-3 Gratuities. APR 1984

52.203-5 Covenant Against Contingent Fees. APR 1984

52.203-7 Anti-Kickback Procedures. JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. JAN 1997

52.229-10 State of New Mexico Gross Receipts and Compensating Tax. APR 2003

52.232-34 Payment by Electronic Funds Transfer—Other than Central Contractor Registration. MAY 1999

52.233-3 Protest after Award. AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004

52.236-2 Differing Site Conditions. APR 1984

52.236-9 rotection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. APR 1984

52.242-14 Suspension of Work. APR 1984

52.243-1 Changes—Fixed Price. AUG 1987

52.249-8 Default (Fixed-Price Supply and Service). APR 1984

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

Page 7 of 12 12FC419Q0006a foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(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 FAR 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 CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR 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.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR 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.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.212-5 Contract Terms and Cond. Required to Implement Executive Orders – Commercial Items (JUL 2010)

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

(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:

https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/far/current/html/Subpart%2032_8.html#wp1029202 http://www.ccr.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344

Page 11 of 12 12FC419Q0006a

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

251 note)).

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

_X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_X_ (6) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (7) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (8) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (9) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (10) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (11) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (12) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (13) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.)

_X_ (14) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (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:

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

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

(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.

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Page 12 of 12 12FC419Q0006a

(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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(E) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

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

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

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

(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) https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 https://www.acquisition.gov/far/current/html/52_222.html#wp1147711 https://www.acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_222.html#wp1148176 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/lawrevisioncounsel.shtml https://www.acquisition.gov/far/current/html/52_222.html#wp1155380 http://uscode.house.gov/lawrevisioncounsel.shtml