RFQ-Sign_Language_Interpretation.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES

SOLICITATION – NTIA SIGN LANGUAGE INTERPRETER

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REQUEST FOR QUOTATION:

SIGN LANGUAE INTERPRETER

FOR

NTIA, OFFICE OF SPECTRUM MANAGEMENT

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Table of Contents

1.0 General Instructions

2.0 Communications and Questions

3.0 Quotation Organization

3.1 Section 1 Technical Proposal

3.2 Section 2 Past Performance Proposal

3.3 Section 3 Price Proposal

4.0 Evaluation Factors

5.0 Clauses Applicable to This Task Order

6.0 Attachments

a. Statement of Work (SOW)…………………………………………………………………………………………………….

b. DD254…………………………………………………………………………………………………………………………………..

c. Non-Disclosure Agreement(NDA)………………………………………………………………………………………….

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1.0 General Instructions to Offerors

This Request for Quotation (RFQ) pursuant to FAR Part 12 and 13 and will result in a Firm Fixed Price purchase order. This solicitation set aside for small businesses. Offers shall be submitted in electronic format to:

Agency Contact: Stesnie Ridley 202-482-2716 sridley@doc.gov

Quotations Due Date: 11:00AM Eastern Standard Time (EST) on 14 September 2018.

Quotes shall be valid for 30 calendar days.

Hard copies will not be accepted.

In response to this RFP, the Offeror shall prepare a detailed quotation for meeting all stated requirements and comply with the following limitations and characteristics:

• Do not include marketing materials

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Submission shall be provided in electronic format

• Arial size 11 font or Times New Roman 12 font shall be used with Arial size 9 font or Times New Roman 10 font permitted for tables and graphics.

• Offers shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, or in text searchable PDF format, as applicable.

• Quotations shall be limited to a total of ten pages (10) for the Technical Quotation and a total of six (6) pages for the Past Performance Proposal. There is no page limit for the Price Quotation. Quotations shall be subdivided into sections/electronic files as follows: Section 1 Technical Quotation, Section 2 Past Performance Proposal, and Section 3 Price Quotation.

The principal nature of the requirements described in this solicitation are consistent with services performed by industries in the 541930, Translation and Interpretation Services category. The services in this solicitation are best represented by PSC Code R608, Translation and Interpreting Services.

The type of services under this solicitation are commercial items.

The clearance level and the Facility Clearance Level required is Secret. Offerors must submit completed copy of the DD254 (Attachment 3) with the solicitation.

2.0 Communications and Questions

Communications shall be conducted electronically by e‐mail to the Agency Contact.

The due date for communications and questions concerning this RFQ is Wednesday, 12 September 2018 at 11:00 am ET. All questions must be emailed to SRidley@doc.gov with the subject line “Questions-RFQ 1331L518Q0001”. Questions received after the cut‐off time and date will generally not be considered.

No telephonic questions will be answered.

mailto:sridley@doc.gov mailto:SRidley@doc.gov

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Any information given to one Offeror concerning this requirement will be furnished at the same time to other prospective Offerors, if that information is necessary in submitting offers, or if lack of it would be prejudicial to the other prospective Offerors.

3.0 Quote Organization

Quotation materials shall be organized as follows: Section 1 Technical Quotation, Section 2 Past Performance Proposal, and Section 3 Price Quotation. All Sections are to be clearly separated from the other (i.e. separate electronic files, page break, blank page divider, etc.). Each Offeror shall provide all price information only in the Price Quotation. The Technical Quotation and Past Performance Proposal shall not contain any price information.

In order to be eligible for award the prime contractor must possess and provide verification of an active and current DoD based Secret Facility Clearance from the Defense Security Service. A clearance from a non-DoD based organization is not acceptable.

Submit two electronic files – first with the technical quotation and past performance proposal and the second with the price quotation.

3.1 Section 1 Technical Quotation

This volume addresses the technical aspects of the requirement. It shall indicate the firm’s capabilities and the means used to satisfy the requirements stated in the attached Statement of Work. Reference the PWS Section 3, for specifics of the Government’s requirements for this service. In the technical proposal the offeror shall address its understanding of, and approach towards, fulfilling the requirements of the Statement of Work to include the following:

(i) The prime contractor’s ability to provide verification that the company possesses an active and current DoD based Secret Facility Clearance from the Defense Security Service.

(ii) The contractor’s ability address qualifications, clearance level and number of cleared personnel that will be assigned to the project;

(iii) The contractor’s ability to provide information on how the project is to be organized, staffed, and managed that demonstrates the offeror's understanding and effective management of important events or tasks.

The Technical Proposal shall fully discuss how the contract requirements will be met and the means used to accomplish them. Merely repeating the contract requirements and stating that they will be accomplished, without discussing how the offeror will accomplish them or how resources will be utilized, is not acceptable.

3.2 Section 2 Past Performance Proposal

This volume addresses the offerors past performance as it relates to the requirement. The offeror shall submit data for past performance for relevant work completed or substantially performed within the past 36 months.

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The offeror shall provide documentation outlining relevant past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. Non-Government contracts may be used if Government contracts are not available. Offeror may provide performance information of predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant. The documentation shall be submitted in the following format:

• Contract Number, Award Date and Contract type,

• Cost/Price – original awarded AND final (or projected final, if contract is active),

• Delivery Schedule – original AND final (or projected final, if the contract is active),

• Name, telephone number, fax number and e-mail address for the following:

▪ Contracting Officer (CO)

▪ Government Technical Representative or COR/COTR

• Identify in specific detail for each contract listed, why or how that effort is considered relevant or similar to the effort required by this solicitation. In determining relevancy, consideration should be given to such things as product/service similarity, size and complexity, contract type, contract environment, division of company proposing, and subcontractor interaction,

• A narrative explanation on each contract listed describing the objectives achieved and any cost schedule delays encountered. For any contracts which did not/do not meet original requirements with regard to cost, schedule, or technical performance, a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence,

• A copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror or proposed subcontractor,

• Description of any Termination or Termination proceedings for contracts that required work similar to that required by this solicitation. Detail circumstances leading to Termination proceedings and final outcome.

Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested herein remains with the offeror. Proposals that do not contain the information requested by this section are at risk for rejection or a less than acceptable performance rating by the Government. In the case of an offeror without any relevant past performance history, past performance will be evaluated as “neutral.” A neutral rating is neither an advantage nor disadvantage to the Offeror. Offerors with no past performance may provide the equivalent information on company officials and/or personnel proposed for this action.

All past performance comments received will be considered and could affect the overall rating. The overall past performance evaluation is a subjective decision based overall of all data received. If the past performance information is negative and the contractor has not previously had an opportunity to provide a response to the government evaluation, the contractor will be given an opportunity to provide rebuttal.

3.3 Section 3 Price Proposal

The Offeror shall provide a price quotation that reflects their proposed solution to the Government’s

6 | P a g e requirements. The offeror shall include the completed Price Schedule Template (Attachment 3). The Offeror must identify the labor category(s) to be utilized for this effort, a description of the skills and experience per category, and the fixed hourly rate(s) proposed, and any other proposed associated costs, for calculating the proposed cost for this effort.

4.0 Evaluation Factors

The Government will issue a firm-fixed-price contract resulting from this RFP to the responsible offeror whose proposal results in the best value to the Government, considering both price and technical factors using the trade-off method of analysis.

In determining which proposal provides best value to the Government, an integrated evaluation and assessment of offers will be conducted. The evaluation will consist of three factors; Technical, Past Performance and Price. The Technical factor is more important than the Past Performance factor. When the two non-price factors (Technical and Past Performance) are combined, they are approximately equal to price. In the event of essential equality in the total non-price factor evaluation between one or more offerors price may become more important.

Based upon the results of the integrated assessment of the price and non-price factors, the Government may make an award to other than the lowest-priced offeror or the offeror with the highest technical score if the source selection official determines that to do so would result in the best value to the Government.

The following factors will be used to evaluate proposals.

(1) Technical Capability

The Offers will be evaluated based on the extent to which it demonstrates an understanding of and the capacity to fulfill the requirements of the SOW. The first Technical Capability subfactor below will be evaluated on a pass/fail basis, while the remaining subfactors will be evaluated on the extent to which they meet the requirement.

Subfactor 1 – Minimum Clearance Requirement

Pass: Offeror possesses and provides verification of an active and current DoD based Secret Facility Clearance from the Defense Security Service.

Fail: Offeror does not possess and/or provide verification of an active DoD based Secret Facility Clearance from the Defense Security Service.

Subfactor 2 – Assigned Personnel

The offeror’s ability to address qualifications, clearance level and number of cleared personnel assigned to the project.

Subfactor 3 – Project Management

The offeror’s ability to provide information on how the project is to be organized, staffed, and managed that demonstrates the offeror's understanding and effective management of important events or tasks.

(2) Past Performance

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The Government will evaluate the relevant merits of the offeror's past performance on the basis on its record with its current and former customers. The Government will review the following areas regarding past performance:

• Timeliness – Delivery or Performance

• Management - Responsiveness

• Quality of Services Provided

Past Performance will be determined to be relevant if the performance involves work performed within the past three (3) years that is the same or similar in nature, size, and complexity to the services being procured under this solicitation.

The Government reserves the right to assess the past performance of proposed subcontractors.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the 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.

If an offeror does not have a history of relevant past performance, or indications of unsatisfactory performance in general, the offeror will receive a neutral past performance rating. A neutral rating is an Acceptable rating.

(3) Price.

a) Proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements and market rates. Proposed prices must be entirely compatible with the technical proposal and consistent with the pricing requirements listed in this solicitation.

b) Options. The Government will evaluate price offer for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

5.0 Clauses Applicable to This Solicitation

Clauses Incorporated by Reference

52.204-7 System for Award Management (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017) 52.212-2 Evaluation – Commercial items 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) 52.217-6 Option for Increased Quantity (Mar 1989) 1352.239-72 Security Requirements for Information Technology (APR 2010)

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Clauses Incorporated in Full Text

U.S. DEPARTMENT OF COMMERCE (DOC) SPECIFIC CLAUSES

INVOICE REQUIREMENTS

(a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(1) Name and address of the contractor.

(2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice.

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

(i) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of

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Electronic Funds Transfer Information with Offer), 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.

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

(10) Any other information or documentation required by the contract (e.g., evidence of shipment).

(b) Provide signed original invoice and one copy or email one copy to:

NIST Accounts Payable Office

Bldg 101, Room A-836 MS 1621

100 Bureau Drive

Gaithersburg, MD 20899

Telephone: (301) 975-2261

Fax: (301) 975-8283

Email: invoice@nist.gov

(c) Inquiries regarding payment of invoices should be telephoned or emailed to NIST, (301) 975-2261, invoice@nist.gov; respectively.

(d) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the Order, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor, starting the 30-day period over.

Contractor will clearly mark the final invoice with the legend “FINAL INVOICE”.

1352.201-70 Contracting Officer's Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered mailto:invoice@nist.gov mailto:invoice@nist.gov

10 | P a g e to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

1352.201-72 Contracting Officer's Representative (COR) (2010)

(a) TBD is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

U.S. Department of Commerce

Attn:

1401 Constitution Avenue, N.W.

Washington, D.C. 20230

Phone Number:

E-mail:

(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 through 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)

1352.208-72 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, 11 | P a g e 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)

1352.209-72 Restrictions against disclosure (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the

Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of clause)

1352.209-73 Compliance with the laws (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

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:

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(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507–1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the

13 | P a g e 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 1352.237-71, Security Processing Requirements - Low Risk Contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the

Department's Office of Security before being eligible to work on the premises of any Department of

Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a

Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days – National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days – Special Agency Check (SAC)

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days – National Agency Check and Inquiries (NACI)

(2) Contracts less than 180 days – National Agency Check and Inquiries (NACI)

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

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(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer’s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The

Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release

Authorization to the servicing Security Officer, who will send the investigative packet to the

Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the

Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance

Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division

(FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the

Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item

I. In Block 13, the Sponsor should enter the employee’s Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security.

Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security

Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting

Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National

Agency Check and Inquiries (NACI) to be processed. The Contracting Officer’s Representative

(COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a

Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to

OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the

NAC.

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(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The

Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of clause)

1352.246-70 Place of acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

U.S. Department of Commerce

Attn:

1401 Constitution Avenue, N.W.

Washington, D.C. 20230

(End of clause)

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1352.270-70 Period of performance (APR 2010)

(a) The base period of performance of this contract is from 19 September 2018 through 18 September 2019. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start date End date

Option I 19 September 2019 18 September 2020

Option II 19 September 2020 18 September 2021

Option III 19 September 2021 18 September 2022

Option IV 19 September 2022 18 September 2023

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9.

(End of clause)

FAR 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

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52.204-22 Alternative Line Item Proposal (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.212-3 Offeror Representation and Certifications – Commercial Items (NOV 2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P506_61686 http://www.sam.gov/portal

18 | P a g e interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

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(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

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(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

https://www.acquisition.gov/

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(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.