RFP_1331L519RFP13OS0019_Expert_Advisor_for_Ukraine.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES 1331L519RP13OS0019

PURCHASE ORDER SOLICITATION – UKRAINE AGRICULTURE NEGOTIATIONS AND DISPUTES INVOLVING SANITARY AND

PHYTOSANITARY ISSUES (WTO) INTERMITTENT ADVISOR (EXPERT ADVISOR)

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REQUEST FOR PROPOSAL (RFP):

1331L519RFP13OS0019

UKRAINE AGRICULTURE NEGOTIATIONS AND DISPUTES

INVOLVING SANITARY AND PHYTOSANITARY ISSUES (WTO)

INTERMITTENT ADVISOR (EXPERT ADVISOR)

REQUESTING OFFICE:

U.S. DEPARTMENT OF COMMERCE

COMMERCIAL LAW DEVELOPMENT PROGRAM (CLDP)

OFFICE OF THE GENERAL COUNCIL

PHYTOSANITARY ISSUES (WTO) INTERMITTENT ADVISOR (EXPERT ADVISOR)

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Table of Contents

1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial

1.2 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017)

1.3 1352.239-71 Electronic and information technology (APR 2010)

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

2.2 1352.233-70 Agency protests (APR 2010)

2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010) .. .

3.0 Quote Organization

3.1 Section 1 Technical Quote

3.2 Section 2 Past Performance Information

3.3 Section 3 Price Quote

3.4 Section 4 Supply Chain Risk Assessment Information

4.0 Evaluation Factors

4.1 52.217-5 Evaluation of options (JUL 1990)

4.2 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010)

(1) Technical

(2) Past Performance

(3) Price

4.3 DOC PM 2015-08: SUPPLY CHAIN RISK ASSESSMENT REQUIREMENTS (SEP2015)

5.0 Purchase Order Clauses

5.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JAN 2018)

5.4 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

5.2 52.217-8 Option to Extend Services NOV 1999

5.3 52.217-9 Option to Extend the Term of the Contract MAR 2000

5.5 52.252-2 Clauses Incorporated by Reference (FEB 1998)

5.6 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010) ..... t

5.7 1352.209-74 Organizational conflict of interest (APR 2010)

5.8 1352.270-70 Period of performance (APR 2010)

6.0 Attachments

PHYTOSANITARY ISSUES (WTO) INTERMITTENT ADVISOR (EXPERT ADVISOR)

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1.0 Instructions and Notices for Offerors

1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial

This is a Request for Proposal (RFP) for a commercial item using FAR Part 13, Simplified Acquisition Procedures. The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as supplemented with addenda below.

This RFP is 100% unrestricted. The associated North American Industry Classification System (NAICS) code is 541199, All Other Legal Services and FSC R706, Support-Management Logistics Support. The RFQ will result in award of a Firm-Fixed-Price type contract, which provides for a price that is not subject to any adjustment on the basis of the Contractor's cost experience in performing the contract.

USDOC/CLDP intends to contract with an expert who will travel to Kiev, Ukraine, and to Geneva, Switzerland, on an intermittent basis, to provide advice in the domains mentioned in the paragraph above, to Ukraine's Ministry of Economic Development and Trade (MEDT) and to Ukraine’s mission to the WTO. The work of this expert will be closely coordinated with the U.S. embassy in Ukraine. This expert will report to a CLDP Senior Counsel based in Washington, D.C.

Note: Given the necessity, under the intended contract, of frequent travel to Kiev and to Geneva, often with little advance notice, a residence in Europe would be advantageous for offerors both for cost and for responsiveness reasons. Therefore, between offerors meeting all qualification requirements, preference will be given to the offeror residing in Europe if only of the offerors does there so reside.

Proposals shall be submitted by email in electronic format to:

Agency Contacts: George Irizarry girizarry@doc.gov

Contracting Officer: Stesnie Ridley SRidley@doc.gov>

Proposal Due Date: 4:00 PM Eastern Standard Time (EST) on September 12, 2019.

Quotes shall be valid for 120 calendar days.

Hard copies will not be accepted.

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

• 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.

https://www.acquisition.gov/far/html/52_212_213.html#wp1179124 mailto:girizarry@doc.gov

PHYTOSANITARY ISSUES (WTO) INTERMITTENT ADVISOR (EXPERT ADVISOR)

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

• Proposals shall be subdivided into sections as follows: Section 1 Technical Quote, Section 2 Past Performance Information, and Section 3 Price Quote.

o Combined, sections 1 and 2 of the proposal shall be limited to a total of twenty -seven pages (27). A cover letter/page, table of contents, blank page section dividers, and resumes for Key Personnel are excluded from this total page count.

o Section 3 of the quote has no page limits.

• Separate electronic files shall be submitted for the quote sections as follows:

o One file consisting of both Section 1, Technical Quote and Section 2, Past Performance Information;

o One file consisting of Section 3, Price Quote

The government requires all contractors doing business with the government to be registered with the System for Award Management (SAM). For additional information and to register in SAM, a free service, please access the following website: www.sam.gov 1-866-606-8220. In order to register with SAM and to be eligible to receive an award, all offerors must have a Dun & Bradstreet number, which may be acquired free of charge by contacting Dun & Bradstreet on line at http://fedgov.dnb.com/webform or by phone at 1-866-705-5711. All offerors must have submitted their Representations and Certifications using the on-line Business Partner Network (BPN) at https://www.sam.gov . The BPN is the single source for vendor data for the federal government. Award will not be made to any contractor that is not registered in SAM.

1.2 1352.239-71 Electronic and Information Technology (APR 2010)

Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov.

(End of clause)

2.0 Communications and Questions

2.1 Solicitation Communications and Questions

Communications shall be conducted electronically by e-mail to Contract Specialist with a copy to the Contracting Officer identified in section 1 above.

The due date for communications and questions concerning this RFP is September 05, 2019 , 12:00 PM Eastern Standard Time (EST). Questions received after the cut-off date will generally not be considered.

http://www.section508.gov/

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

3.0 Quote Organization

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

To be acceptable, the proposal must meet all of the constraints set forth in the Performance Work Statement (PWS).

Contractor shall submit a Resume (s) of the Expert Advisor within its Technical Proposal.

The Offeror’s submittals shall consist of three (3) volumes in response to this RFP.

To assist in the expeditious and comprehensive evaluation of the proposals, the Offeror’s response for each volume shall be prepared in accordance with the guidelines, format and page limits listed.

Each Offeror must include the following for each volume:

(i) COVER PAGE - The name of the proposing organization, author(s) of the technical proposal, the RFQ number, and the title of the RFQ should appear on the cover.

(ii) TABLE OF CONTENTS - Provide sufficient detail so that all important elements of the proposal can be readily located The Offeror’s submittal shall consist of three (3) Volumes and include the following in each Volume:

3.1 Section 1 Technical Proposal

(i) General. (A) Volume I, Technical Proposal shall consist of the offeror's proposal delineating its capabilities and how it intends to perform contract requirements. The Technical proposal will be evaluated in accord with the evaluation criteria.

(B) In order that the technical proposal may be evaluated strictly on the merit of the material submitted, no contractual price information is to be included in Volume II. However, the type and quantity of labor and materials is to be included in the Technical Proposal, without any associated cost information.

(C) The technical proposal must be typed, double-spaced, with one- inch margins, using elite font, 12 pitch type (or equivalent) and printed, unreduced in size, on 8-1/2" by 11" paper, single-sided, exclusive of resumes and related corporate experience documentation.

(ii) Format and Content. Volume II, Technical Proposal, shall include the following contents:

(A) Table of Contents

(B) List of Tables and Figures

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(C) Summary of Technical Proposal

(D) Technical Proposal

(E) Exceptions and Deviations. These major headings may be subdivided or supplemented by the offeror as appropriate.

(D Summary. This section shall provide a summary that addresses each of the technical evaluation factors.

(I) Technical Proposal. The offeror shall clearly address each of the technical evaluation criteria, and, at a minimum, cover each subfactor.

(J) Exceptions and Deviations. This section shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government's requirements may indicate an unwillingness or inability to perform the contract, and the proposal may be evaluated as such.

This Volume I address 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 Performance Work Statement.

Reference the PWS Section 3, Requirement 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.

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, is not acceptable.

Technical Proposal Arrangement.

The Technical Proposal Volume I shall be individually titled and numbered on the exterior of the top covers with: "Volume Number, Volume Title, name and business address of the Contractor, solicitation number, and Copy Number".

The Technical Proposal shall include the following information in the exact order shown. Do not discuss any pricing matters in this volume. Do not combine or repeat the data in which subject items are set forth in these instructions, when preparing your proposal. See Paragraph 4.0 “Evaluation of Factors” for the evaluation factors and their importance relative to price.

The descriptions below detail general submission requirements, and therefore Offerors should also be sure their submissions completely address information called for the evaluation factors.

The Offeror is responsible for ensuring that names, telephone numbers, e-mail addresses and addresses.

(a) General Instructions. Proposals are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the proposal shall be clearly and concisely written, neatly presented, indexed (cross-indexed as appropriate), and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date of the offer, and the solicitation number. Each volume shall be clearly marked by volume number and title.

(b) Overall Arrangement of Proposal. (1) VOLUME I - BUSINESS PROPOSAL

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(i) Volume I, Business Proposal, consists of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, and acknowledgments, if applicable; justifications for noncompetitive proposed subcontracts;

identification of technical data to be withheld; and any other required administrative information.

(ii) Format and Content. Volume I, Business Proposal, shall include the following documents (in the order listed):

(A) Proposal Form:

(D Use of the Form -The Proposal Form (Standard Form 1449), is to be executed fully and used as the cover sheet (or first page) of Volume I. Include three (3) original signed copies of the form in the original Volume I.

(l) Acceptance Period - The acceptance period entered on the Proposal Form by the offeror shall not be less than that prescribed in the solicitation, which shall apply if no other period is offered.

CD Signature Authority - The person signing the Proposal Form must have the authority to commit the offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the Solicitation, to make an award without discussion if it so elects.

(B) Other documentation identified in Section (A) above. The offeror shall submit one original of Volume I, marked as such.

3.2 Section 2 Past Performance Information

This Volume II 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 66 months.

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

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• 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 growth or 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 taken into account and could affect the overall rating.

The overall past performance evaluation is a subjective decision based on the whole 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

This Volume III Price Proposal consists of the pricing and business terms associated with the offer to enter into a contract to perform the desired work. It includes a completed pricing table using the format provided below. It also includes a completed Representations and Certifications package containing offeror representations and certifications under 52.212-3, Offeror Representations and Certifications– Commercial Items (see Attachment 2) and 1352.239-71, Electronic and information technology (see section 1.2). Additionally, it includes all solicitation amendments acknowledged in accordance with the solicitation and any other required administrative information. The offeror shall submit sufficiently detailed information in the price proposal to permit the Contracting Officer and authorized representatives to evaluate the offer for fairness and reasonability.

Offeror shall ONLY provide “Unit Pricing” for CLIN 0001, CLIN 1001, CLIN 2001, CLIN 3001, CLIN 4001, and CLIN 5005. Pricing for CLIN 0002, CLIN 1002, CLIN 2001, CLIN 3001, CLIN 4001, and CLIN 5002 shall be provided by the Government at time of contract award.

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CLIN DESCRIPTION QUANTITY

UNIT

OF

ISSUE UNIT COST

TOTAT

AMOUNT

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 1040 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$55,775.5

NTE

$55,775.50

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 1040 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$55,775.5

$55,775.5

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 1040 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$66,200.16

NTE

$66,200.16

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 1040 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$68,186.16

NTE

$68,186.16

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 1040 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$70,231.75

NTE

$70,231.75

Ukraine WTO Intermittent Advisor supporting CLDP – US Embassy in Ukraine 570 HR $ $

ODC Expense (Reimbursable expenses (Travel, etc.,)) 1 LOT

NTE

$35,115.87

$35,115.87

The basis of award for a contract shall be based on the receipt of a complete and accurate technical proposal and complete and accurate cost proposal from the Offeror.

Contractor offer submittal shall consist of three (3) Volumes, Technical Proposal Volume I, , Past Performance Volume II, and Price Proposal Volume III containing the original.

4.0 Evaluation Factors

4.1 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures (APR 2010)

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the Best Value to the Government, considering both price and non-price factors using the trade-off method of analysis.

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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 Government is more concerned with obtaining superior technical performance or reduced risk than in making an award at the lowest overall cost to the Government. Communications may be conducted with the offeror in line for award to ensure that the services package offered meet requirements to include provision of supplemental information from the offeror if necessary to validate technical claims.

The following factors will be used to evaluate quotes.

(1) Technical

The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated. The quote will be evaluated based on the extent to which it demonstrates an understanding of and the capacity to fulfill the requirements including the following elements as applicable:

Only applications from applicants meeting all of qualifications above will be considered for this contract.

The applications will be evaluated based on the following criteria. An applicant’s technical capacity will be determined equally by:

Factor 1– PROGRAM IMPLEMENTATION: The applicant’s experience and success in providing timely written advice to Ukrainian ministry level government officials relevant to, or in preparation of questions related to WTO agreement submissions, meetings, or programs; applicant’s demonstrated ability to work with multiple Ukraine government agencies to prepare government officials to participate in WTO/International trade policy meetings and the preparation of post meeting reports

Factor 2 – TECHNICAL EXPERIENCE: The applicant’s demonstrated success in the design and execution of legal and economic development technical assistance programs working Ukraine ministry level officials as well as US government technical assistance provider and US Embassy; applicants demonstrated knowledge of WTO/International agreements and meeting mechanisms.

Offeror’s technical proposal shall describe how it will perform and provide the deliverables required

Offeror’s technical proposal shall also demonstrate that it understands the limitation of the work delineated in Performance Work Statement (PWS)

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(2) Past Performance

The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

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

Proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are realistic, 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.

The Government may use the results of cost/price realism analysis to adjust the offeror’s proposal to a most probable cost to the Government. The analysis may include information from a government auditing agency, Government technical personnel, and other sources.

The Department of Commerce (DOC) intends to award a contract resulting from this solicitation to the responsive applicant whose proposal represents the best value after evaluation in accordance with the factors set forth in this solicitation. Best value is defined as the offer that results in the most advantageous solution for the DOC, in consideration of the evaluation factors listed above

Proposals will be reviewed for page limitations. Pages exceeding the page limitation will be eliminated from evaluation.

A proposal receiving an “Unsatisfactory” or “Fail” rating in one or more factors may be removed from further consideration for award or continued evaluation.

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

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(End of clause)

4.2 DOC PM 2015-08: SUPPLY CHAIN RISK ASSESSMENT REQUIREMENTS (SEP2015)

The government plans to conduct the Supply Chain Risk Assessment on the offeror in line for award only. Accordingly, after the technical and price evaluation of all offerors is complete and a best value source identified, the government plans to perform a supply chain risk assessment of only the offeror in line for award. Exchanges with the offeror in line for award may take place to facilitate timely completion of the risk assessment. If the assessment results in a negative finding or cannot be completed within a reasonable time to support award in April 2018 the government may elect to conduct the supply chain risk assessment on the next offeror in line for award.

a. Notice of Supply Chain Risk Assessment (Sept 2015) The Department of Commerce will review the supply chain risk and conduct a risk assessment for this acquisition. Offerors and/or awardees shall provide any information the Department deems necessary to facilitate its Supply Chain Risk Assessment (SCRA) including, but not limited to, the data requested by the Supply Chain Risk Assessment Information (Sept 2015) section (see 3.4, Section 4 Supply Chain Risk Assessment Information) included in this solicitation. By submission of its proposal, the offeror acknowledges the Department may reject any offer without recourse or explanation if the Department determines the proposal presents an unacceptable risk.

(end)

b. Non Destructive and Destructive Testing (Sept 2015) The Department of Commerce may engage in non-destructive and/or destructive testing of any information system, equipment and software to determine whether it will negatively affect the security or performance of a Department of Commerce information system.

c. Evaluation of Supply Chain Risk Assessment Information (Sept 2015) The Department will evaluate the information provided to assess the supply chain risk associated with the offeror's proposal and to determine if the award is in the national interest of the United States.

d. Novation Agreement for Acquiring Certain Information Technology (Sept 2015)

(1) "Novation agreement" means a legal instrument-(a) Executed by the--(i) Contractor (transferor); (ii) Successor in interest (transferee); and (iii) Government; and (b) By which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets. (FAR 2.101 - Definitions).

(2) The Department may in its interest recognize a successor in interest. The offeror and or subsequent awardee(s) agree as a condition of this contract, that any novation considered and recognized by the Department shall be subject to SCRA requirements, including "Notice of Supply Chain Risk Assessment (Sept 2015)," "Non Destructive and Destructive Testing (Sept 2015)," "Supply Chain Risk Assessment Information (Sept 2015)," and "Evaluation of Supply Chain Risk Assessment Information (Sept 2015)."

(End)

5.0 Clauses Applicable To This Solicitation

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5.1 52.217-5 Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

5.2 52.217-8 Option to Extend Services NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiration.

(End of clause)

5.3 52.217-9 Option to Extend the Term of the Contract MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

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5.4 1352.239-71 Electronic and Information Technology (APR 2010)

Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov.

(End of clause)

5.5 1352.233-70 Agency protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

U.S. Department of Commerce, Office of the Secretary Enterprise Services-Acquisition, Room A237, ATTN: Christopher Wallis 14th and Constitution Avenue, NW, Washington, D.C. 20230 Email: cwallis@doc.gov

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

U.S. Department of Commerce, Office of the Secretary Enterprise Services-Acquisition, Room A257, ATTN: Anthony S. Kram 14th Street and Constitution Avenue, NW, Washington, D.C. 20230 Email: AKram@doc.gov

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.

(End of clause)

5.6 1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.

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5.7 Purchase Order Clauses

5.7.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browsefar and http://farsite.hill.af.mil/vmcara.htm

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014 52.212-1 Instructions to Offers – Commercial Items JAN 2017 Certifications 52.212-4 Contract Terms and Conditions–Commercial Items JAN 2017 FULL TEXT 52.219-28 Post-Award Small Business Program Representations JUL 2013 52.223-6 Drug-Free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.227-14 Rights in Data–General, Alt III (DEC 2007) JUN 1987 52.227-16 Additional Data Requirements DEC 2007 52.227-19 Commercial Computer Software License DEC 2007 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-3 Continuity of Services JAN 1991 52.239-1 Privacy or Security Safeguards APR 1996 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Items NOV 2017 52.246-1 Contractor Inspection Requirements APR 1984 52.246-20 Warranty of Services May 2001 52.246-25 Limitation of Liability – Services FEB 1997 52.247-34 F.o.b. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 1352.201-70 Contracting Officer’s Authority APR 2010 1352.209-72 Restrictions Against Disclosure APR 2010 1352.209-73 Compliance with the Laws APR 2010 1352.237-71 Security processing requirements–low risk contracts APR 2010 1352.239-70 Software License Addendum APR 2010 1352.239-72 Security Requirements for Information Technology APR 2010 1352.242-70 Post award Conference APR 2010

(End of clause)

5.7.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JAN 2018) https://www.acquisition.gov/browsefar http://farsite.hill.af.mil/vmcara.htm

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(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) 52.203-19, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

XX (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 2016) (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).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

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__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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 (Nov 2011) (15 U.S.C. 657 f).

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__ (22) 52.219-28, Post Award Small Business Program Re-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)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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__ (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.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

XX (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (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 2016) (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).

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__ (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) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the Disputes Clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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(ii) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35,…