Solicitation_Amendment_1.pdf

July 3, 2018 - Amendment 1

To: Prospective Quoters

From: Acquisition Services Directorate (AQD), Interior Business Center (IBC), Department of the Interior (DOI)

Subject: AQD Request for Quotations (RFQ) 140D0418Q0344, Commodities and Futures

Trading Commission (CFTC) Futures and Options Market Data Operations

(MDO) Support Services

AQD will conduct this acquisition using Federal Acquisition Regulation (FAR) Subpart 13.5.

AQD anticipates awarding a single purchase order after receipt and evaluation of all quotes. This requirement is for the CFTC.

AQD is a Federal Franchise Fund Contracting Office that operates under the authority of the

Government Management Reform Act. AQD provides contracting support to all Federal

Agencies and the Department of Defense. AQD Procurement will handle the solicitation, award, contract administration, and invoice payments for this requirement.

It is the Government’s intent to award a single purchase order to the responsible Quoter whose quote, in conforming to the RFQ, provides the overall best value to the Government considering technical evaluation factors and price.

The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. This RFQ does not commit the Government to pay for the preparation and submission of a quote.

Quoters are required to submit a response in the form of a separate technical quote and a separate price quote. Quotes shall be provided to Government officials for the purposes of assuring that the prospective contractor has a complete understanding of the scope of this effort and has the capability to complete all required tasks of the Statement of Work (SOW) (Attachment 1). Any quote that is non-compliant with any requested submission requirements of this RFQ may immediately be removed from further consideration.

The NAICS code applicable to this requirement is 541990 - All Other Professional, Scientific, and Technical Services.

Quoters interested in this acquisition, may participate by submitting quotes in accordance with the following instructions.

RFQ INSTRUCTIONS:

● Quoters are required to submit two separate volumes – Volume I: Technical Quote and

Volume II: Price Quote for the purpose of assuring that the prospective contractor has a complete understanding of the scope of this effort and has the capability to complete all required tasks of the SOW, Attachment 1.

1. PERIOD OF PERFORMANCE:

The period of performance for this severable purchase order is a Base Period of one (1) year and four (4) twelve month Option Periods.

2. SPECIFIC REQUIREMENTS:

See the SOW, Attachment 1.

3. LEVEL OF EFFORT:

The Government’s estimated Level of Effort (LOE) under this task order is listed in the pricing spreadsheet. Quoters are required to submit pricing in Attachment 2 – Pricing Template as part of their price quote. The level of effort is binding and represents the anticipated full scope of the requirement. This information, along with any other estimate provided within this document or attachments shall not be adjusted; deviations will not be accepted.

4. QUESTIONS:

If you have questions regarding this requirement, please submit your inquiries immediate via email but no later than June 22, 2018, 2:00 pm Eastern Time (ET) to both points of contact listed below:

Margaret Fitting

Contracting Officer margaret_fitting@ibc.doi.gov

Cheri Reiser

Contract Specialist

Cheri_reiser@ibc.doi.gov

All email inquiries must have “Questions from [insert company name here] – RFQ

140D0418Q0344” included in the subject line.

Questions submitted by a method other than email will not be accepted or answered.

The Government will review all questions and comments; however, the Government will only publish answers when it is determined the answer will have a material effect on the

Quoters’ understanding of the RFQ and/or approach to developing their quotes.

If you do not have questions, but are interested in submitting a quote, as a courtesy, please email the Contracting Officer and Contract Specialist listed above.

5. ANTICIPATED CONTRACT TYPE:

The Government anticipates awarding a labor hour contract.

6. RFQ RESPONSE DUE DATE:

Responses to this RFQ are due on July 20, 2018 no later than 2:00 PM Eastern Time.

NOTE: It is the Quoter’s responsibility to read the RFQ and all related documents carefully.

Additionally, it is the Quoter’s responsibility to ensure/verify the Government receives its submission on or before the date/time specified. The Government reserves the right to not accept any late quotes for any reason.

DO NOT WAIT UNTIL THE DEADLINE TO SUBMIT YOUR QUOTATION.

7. SUBMISSION REQUIREMENTS:

All quote submissions shall be submitted directly to both points of contact listed below:

Cheri Reiser

Contract Specialist

Cheri_reiser@ibc.doi.gov

All email inquiries must have “[insert company name here] – RFQ 140D0418Q0344” included in the subject line. Additionally, if you are sending more than one email (recommended) you must included “Email 1 of X” in all your emails.

Quoters shall send an email separate from the email(s) with their quote to confirm receipt of their entire quote. The confirmation request email shall state how many emails were sent (if more than one) and how many attachments were included.

Format for Submission:

A. Format for Submission:

Volume #

& Contents

/ Section #

VOLUME 1 - TECHNICAL VOLUME 2 – PRICE

Section 1 General Price Assumptions

Section 2 Technical Assumptions Price

Complete Attachment 2

Section 3

Technical

Technical Approach

Personnel Qualifications

Resumes and Letters of

Commitment

Section 4 Past Performance mailto:Cheri_reiser@ibc.doi.gov

Page Limitation:

Volume I – The Technical submission is limited to 20 pages. For the resumes, individual resumes are limited to two (2) pages per person. Resume pages in excess of two (2) pages will not be evaluated. The Cover, Section 1 (General), Section 2 (Technical

Assumptions), and the Letters of Commitment are not included in this page limitation.

Information submitted in excess of the stipulated page requirement, either in the form of excess pages, addenda, or appendices, will be stricken from the quote and not considered for evaluation.

Volume II – The Price submission has no page limitation. Additionally, an Excel-based worksheet shall be completed. See Attachment 2.

Format (In Print Form):

● Single-spaced lines, including text in figures and glossaries

● 1 inch margins for the body of the document

● ½ inch margins for headers and footers

● Standard, consecutive page numbering; in “page x of y pages” format.

Font:

● 12-point or larger (New Times Roman) text for the proposal and all attachments

● 10-point or larger (New Times Roman) text for all tables and figures in the body of the proposal

8. REQUIRED COMPONENTS OF EACH VOLUME AND SECTION

VOLUME I - TECHNICAL

Section 1 – General

This section shall include a cover sheet. This cover sheet shall include the information listed below in letters A - O:

A. Name of Company

B. Address

C. City, state, zip code

D. Data Universal Numbering System (DUNS) Number

E. Taxpayer Identification Number (TIN)

F. Point of contact (primary and alternate)

G. Telephone number

H. Email address

I. Solicitation/quote number

J. Date of quote

K. Name of any subcontractors and their small business status, if applicable

L. Prompt payment terms

M. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation

N. Names and contact information of persons authorized to negotiate on the company’s behalf

O. A statement that the quote expires no sooner than 60 days after submission.

Section 1 shall also include evidence of the Quoter’s current System of Award Management

(SAM) database registration (http://www.sam.gov). A screen shot of the Quoter’s SAM page is acceptable evidence. All Quoters must be registered in SAM to receive Government contracts. If a Quoter’s SAM account will expire before the award date, it is the Quoter’s responsibility to ensure that its account is active at time of award.

Introductory language which describes the nature of the Quoter, its history, its achievements, or its area of specialization may be included in this section.

Section 2 – Technical Assumptions Assumptions - Quoters shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the SOW as written. If technical assumptions are not noted in this Volume and this section of the quote, it will be assumed that the Quoter’s quote reflects no technical assumptions for award and the

Quoter agrees to comply with all of the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section shall be null and void.

Any exceptions taken to the terms and conditions of the RFQ shall be stated in this Section. The

Quoter is advised that any exception taken to the terms and conditions of the RFQ may adversely impact its evaluation rating. Any assumptions that are considered unacceptable by the

Government and cannot be resolved might result in the Quoter being removed from further consideration.

Section 3 – Technical Approach

The following areas in the Quoter’s technical quote must be addressed to sufficiently demonstrate the Quoter’s ability, unique capabilities, and demonstrated experience to successful support this requirement.

(a) Technical Approach

(b) Personnel Qualifications and Resumes

Section 3(a) –Technical Approach

In the Technical Approach narrative section, the Quoter shall include the following:

1) Discussion and demonstration of proposed methods and techniques for completing each task identified in the SOW (Attachment 1).

2) Discussion which supports how each task will be completed for full performance and acceptability of work from the Quoter’s viewpoint.

http://www.sam.gov/

3) Demonstration of the Quoter’s understanding of logistics, schedule, and other miscellaneous issues of which the Government should be aware.

Section 3(b) – Personnel Qualifications and Resumes

In the Personnel Qualifications narrative section, the Quoter shall indicate for each of the quoted Key Personnel the currency, quality, and depth of experience and capabilities working on similar projects. Similar projects must convey similarity in topic, dollar value, workload, duration, and complexity. Quoters must indicate the availability of the key personnel who will be assigned to this task order. Key Personnel are those individuals who are major contributors to this project, regardless of their full-time or part-time status. The Government has identified the following positions as Key Personnel:

Senior Futures and Options Data Operations Specialist

Futures and Options Data Operations Specialist

Note: The optional surge resources are considered key personnel; however, resumes or

Letters of Commitment for the optional surge positions are not required. If the surge option is exercised, CFTC will review (and accept or decline) submitted resumes for the surge position.

The quoted Key Personnel shall meet or exceed the education and experience identified for each labor category in the Supporting Information Section 22 and Section 23 of the

SOW (Attachment 1).

Resumes and Letters of Commitment The Quoter must indicate for each of the proposed key personnel the currency, quality, and depth of experience and capabilities from working on similar projects. Similar projects must convey similarity in topic, dollar value, workload, duration, and complexity. The Quoter must demonstrate that its organization and key personnel can successfully complete this project.

Resumes of key personnel must meet the position requirements and will also be used to evaluate the following areas with respect to the quoted key personnel:

a) Performance of similar work on at least two projects

b) Evidenced reference to relevant product and service accomplishments.

Resume descriptions shall address such items as the individual’s background, education, work experience, and accomplishments. Resumes must show the knowledge that key personnel have gained through completed and ongoing efforts that are similar in nature to this effort.

The Government reserves the right to consider knowledge available within the

Government regarding the experience and qualification of any of the proposed key personnel.

Quoters shall provide a resume of each key personnel. Resumes (not to exceed 2 pages) shall include the following:

Name of key personnel

Key personnel’s position, function, or role

Education [including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours if available]

Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held)

Certification that the information contained in the resume is correct and accurate

Quoters must also certify that Key Personnel provided in the quote will be available at time of award and for a period no less than one year. Letters of commitment are required of all Key Personnel who are not currently employed by the Quoter. The letter of commitment must be directed to supporting this program including the length of an individual’s commitment and must be signed by the individual and a corporate authorized official. The Government reserves the right to terminate any resulting award at no cost if

Key Personnel are not available.

Section 4 – Past Performance

In the Past Performance section, the Quoter shall describe relevant past performance directly related to contracts it has held within the last three (3) years (or in progress) that are similar in size, scope and complexity to the work described within the SOW including history of staying on schedule and within budget; producing high quality deliverables. Each example summary is limited to 2 pages.

The past performance example should reflect the total corporate experience of the Quoter to include the experience of the Quoter’s subcontracting partners. Past performance examples are limited to no more than two (2) for the Prime contractor and one (1) for each subcontractors.

Subcontractor examples must be directly related (similar in size, complexity, and scope) to work which the subcontractor is expected to perform.

The Quoter’s past performance statement shall include a description of how the Quoter’s past performance demonstrates the capability and capacity to deliver this requirement. The Quoter is required to identify any performance problems/issues/challenges that arose throughout the contract and clearly describe management actions that were implemented to overcome problems.

Additionally, the Quoter shall describe the effects of those actions in terms of improvements achieved or problems solved.

Quoters shall include the following information for each past performance example:

Contract/task order title and number

Type of contract [e.g., Cost Plus Award Fee (CPAF), Firm-Fixed Price (FFP), Time &

Materials (T&M), etc.]

Planned period of performance (i.e., full contract period of performance at time of award)

Actual period of performance, if different from the planned period of performance

Original value

Final (or current, if still active) value

Identification of whether the contract is an example for the Prime or Subcontractor

Contracting Agency

Contracting Officer name and contact information

Customer or End User Agency (if different from Contracting Agency)

Contracting Officer’s Representative (COR), Task Monitor, or Program Manager name and contact information

Description of the project

Discussion of size, scope, and complexity

Description of how the project is relevant to the scope of work and how lessons learned will be applied.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success for the required effort.

Please ensure that the telephone numbers listed are correct and active for all points of contact listed prior to submission.

VOLUME II– PRICE

Section 1 – Price Assumptions

Quoters shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the SOW as written. If not noted in this volume of the quote, it will be assumed that the Quoter’s quote reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Quoter’s quote. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void.

Section 2 - Price Quote The price quote shall be a separate volume from the technical quote. There is no page limit on the price quote.

1. To assist Quoters in providing conforming price quotes and to promote standardization across submissions, the Government has provided a Pricing Template (Attachment 2) that shall be used. The price quote shall include totals and subtotals for all columns and rows of data to include labor hours and include the Base and Option Years.

Quoters shall leave the Price Quote Spreadsheet as an Excel spreadsheet when submitting their price quote. Failure to use the Excel spreadsheet as provided will be viewed as unacceptable and the Quoter will be removed from consideration for award.

2. The Government requests discounts. If a discount is provided, Quoters shall indicate the non-discounted rates, the quoted percentage of discount, and the discounted rate on the pricing sheet. This information (i.e., the non-discounted rates and the quoted percentage of discount) will be used to determine price fair and reasonableness only. Additionally, Quoters shall consider voluntarily waiving labor rate escalation within their price submission for this project.

3. Quoters shall submit their quotes on T&M basis based on the attached pricing spreadsheet

(Attachment 2). A cumulative summary price shall be submitted, to be inclusive of the base period and all option periods.

5. The Government’s price requirements are listed in Attachment 2, Pricing Template. Any changes to the estimated labor categories and hours will not be accepted.

Subcontracting

Subcontracting must comply with FAR 52.219-14 – Limitations on Subcontracting, and the

AQD Limitation on Subcontracting Local Clause. (AQD Limitation on Subcontracting Local

Clause can be found later in this RFQ.)

9. BASIS FOR AWARD

It is the Government’s intent to award a contract using the procedures in FAR 13.5 to the responsible Quoter whose quote, in conforming to the RFQ, provides the overall best value to the

Government considering technical evaluation factors and price. The evaluation will be based on the demonstrated capabilities of the prospective Contractors in relation to the needs of the project as set forth in the RFQ. The merits of each quote will be evaluated carefully. Each quote must document the feasibility of successful implementation of the requirements of the RFQ. A comparative analysis style of evaluation is anticipated.

The Government may reject any quote that is evaluated to be significantly non-compliant with the solicitation requirements, unreasonably high, or reflects a failure to comprehend the complexity and risks of the work to be performed. The Government reserves the right to stop evaluating a quote if any part of the Quoter’s submission is considered to be unacceptable.

Should the Quoter’s submission be found to have an unacceptable technical submission in any area, the submission may be considered to be unacceptable to meet the Government’s objectives as a whole. If the evaluation is stopped, the Quoter will no longer be considered for award.

The Government reserves the right to validate the accuracy of statements being made in the quotes.

Best Value: Non-price factors are significantly more important than price. As the technical merit of the quotes become more equal, price will become a more important factor in selecting the best value. The Government reserves the right to make an award to other than the lowest priced

Quoter if another superior technical submission, or a submission indicating a reduced performance risk, warrants paying a premium.

Each Quoter should recognize that its initial price and technical quote may be used as the sole and final basis for award and should quote accordingly. Additionally, the Government reserves the right to award no contract at all, depending on the quality of the quotes, the availability of funding, and the continued existence of the requirement.

The Technical Evaluation Committee reserves the right to revise its technical consensus decision of a quote based on information within the Price Volume when the Technical Evaluation

Committee feels that content within the Price Volume will have an impact on technical evaluation factors or sub-factors.

10. EVALUATION FACTORS:

Hierarchical Representation of Evaluation Factor Importance

1st Order of Importance: FACTOR A: Technical Approach

2nd Order of Importance: FACTOR B: Personnel Qualifications and Resumes

3rd Order of Importance: FACTOR C: Past Performance

4th Order of Importance: FACTOR D: Price

The Government reserves the right to cease evaluation of a quote if any part of the submission is considered to be unacceptable. Should the submission be found to have an unacceptable technical submission in any area, the submission may be considered to be unacceptable to meet the Government’s objectives as a whole. If the evaluation is stopped, the firm will no longer be considered for award.

Each Quoter’s submission is evaluated in accordance with the below evaluation criteria. For each of the factors above, the Government will assess the probability that the Quoter will be able to perform as described. Where there is uncertainty resulting from such things as a mismatch between the technical approach described and the experience of the Key personnel as proposed, then the Government may discount the initial assessment for a particular area to reflect that uncertainty.

Factor A. Technical Approach

Evaluation of the Quoter’s technical approach will be based on the following:

Demonstrates an understanding of the objectives of the SOW and planned execution of the project. This refers to the manner in which the Quoter proposes to plan, manage, control, and provide the services and deliverables outlined in the SOW.

Factor B. Personnel Qualifications and Resumes

Evaluation of the Quoter’s personnel qualifications will be based on the following:

The currency, quality, and depth of experience of the quoted Key Personnel with respect to similar projects and tasks specified in the SOW, which includes the degree of qualifications as outlined in the SOW. Similar projects must convey similarity in topic, workload, duration, and complexity.

Factor C. Past Performance

Evaluation of the Quoter’s past performance will be based on the following:

The organization’s history of successful completion of projects / efforts of similar size, scope, and complexity specified within the SOW; history of staying on schedule and within budget;

producing high quality deliverables; and past performance working with the U.S. Government on similar efforts.

In the case of a Quoter without a record of relevant past performance or for whom information on past performance is not available, the Quoter will not be evaluated favorably or unfavorably for this evaluation factor (i.e., there will be a neutral evaluation).

Factor D. Price

The price quote will be evaluated based on the level and the mix of labor proposed to perform the requirement in relationship to the Quoter’s quoted solution and for price reasonableness. The

Government may reject any price quote that is evaluated to be significantly not compliant with the solicitation requirements, or reflects a failure to comprehend the complexity and risks of the work to be performed. Any price quote that does not provide a reasonable price may be deemed unacceptable and removed from further consideration. The price quote will be evaluated inclusive of optional periods of performance.

The government reserves the right, but is not required, to conduct a price realism analysis to determine whether the proposed labor rates are realistic for the work to be performed and to allow for recruitment and maintenance of a skilled workforce. If the government decides to conduct a price realism analysis, additional information from the Quoter(s) may be necessary.

11. SOLICITATION PROVISIONS:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The Quoter is cautioned that the listed provision may include blocks that must be completed by the Quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil/

(End of provision)

FAR Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

Sept 2007

52.216-31 Time and Materials / Labor Hour Proposal Requirements -

Commercial Item Acquisition

Feb 2007

FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02) (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision 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.

(c) Representation. By submission of its offer, the Quoter represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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.

(End of provision)

FAR 52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a labor hour task order resulting from this solicitation.

FAR 52.252-5 -- Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any 48 CFR, Chapter 1 provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

DEPARTMENT OF INTERIOR ACQUISITION REGULATION (DIAR) PROVISIONS

INCORPORATED BY REFERENCE

DIAR

Provision

Title Date

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior

Apr 1984

DIAR 1452.233-2 Service of Protest Department of the Interior (Jul 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Acquisition Services Directorate

703-964-8454

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual

Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

DIAR 1452.224-1 Privacy Act Notification.

(a) As prescribed in 1424.104, the clause at FAR 52.224-1, Privacy Act Notification, shall be modified before insertion into solicitations and contracts by -

(1) Changing the title of the clause to read “Privacy Act Notification (JUL 1996) (Deviation)”;

and

(2) Adding the following sentence to the end of the clause:

“Applicable Department of the Interior regulations concerning the Privacy Act are set forth in 43

CFR 2, subpart D. The CFR is available for public inspection at the Departmental Library, Main

Interior Bldg., 1849 C St. NW, Washington DC, at each of the regional offices of bureaus of the

Department and at many public libraries.”

(b) As prescribed in FAR 52.103(a) and 52.107(f), the clause at FAR 52.252-6, Authorized

Deviation in Clauses, shall be inserted into solicitations and contracts containing the clause in paragraph (a) of this section.

Custom Provision - AQD Evaluation of Options Provision

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic award. This solicitation notified Quoters that the award will include the Government's unilateral option to extend performance for an additional period up to six months under FAR 52.217-8, during which the pricing and terms of the period in which the option was exercised would apply. The Government cannot predict if or when the option may be exercised. Because any exercise of the Government's option extends the pricing and terms of the period in which the option was exercised, the Government expressly and affirmatively evaluates pricing for the option to extend under 52.217-8 co-extensive with the Government's price evaluation for each of the base and option periods of this award. Because pricing for each period subject to possible extension under the 52.217-8 has been evaluated, pricing for any possible future use of that option to extend has, likewise, been evaluated and would apply in strict accordance with this evaluation in the event of the Government’s exercise of the option to extend services.

(End of Provision) https://www.law.cornell.edu/cfr/text/48/52.224-1 https://www.law.cornell.edu/cfr/text/43/2 https://www.law.cornell.edu/cfr/text/43/2 https://www.law.cornell.edu/cfr/text/48/52.103#a https://www.law.cornell.edu/cfr/text/48/52.252-6

12. CLAUSES:

FAR CLAUSES INCORPORATED BY REFERENCE

FAR 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 address:

http://farsite.hill.af.mil/

FAR Clause Title Date

52.202-1 Definitions Nov 2013

52.203-3 Gratuities Apr 1984

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower rights

Apr 2014

52.204-2 Security Requirements Aug 1996

52.204-4 Printed or Copied Double-sided on Postconsumer Fiber

Content

May 2011

52.204-7 System for Award Management Oct 2016

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-13 System for Award Management Maintenance Oct 2016

52.204-14 Service Contract Reporting Requirements Oct 2016

52.212-1 Instructions to Offerors -- Commercial Items Jan 2017

52.212-2 Evaluation -- Commercial Items Oct 2014

52.212-3 Offeror Representations and Certifications -- Commercial

Items

Jan 2017

52.212-4 Contract Terms and Conditions – Commercial Items Jan 2017

52.212-4 Contract Terms and Conditions – Commercial Items with Alt I Jan 2017

52.232-1 Payments Apr 1984

52.232-8 Discounts for Prompt Payment Feb 2002

52.232-11 Extras Apr 1984

52.232-18 Availability of Funds Apr 1984

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Dec 2013

52.233-3 Protest After Award Aug 1996

52.242-13 Bankruptcy Jul 1995

52.245-1 Government Property with Alt I Apr 2012

52.245-9 Use and Charges Apr 2012

52.252-6 Authorized Deviations in Clauses April 1984

(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 fraud, waste, 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 prohibition 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.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (Feb 2018)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 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.]

X (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).

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

3509)).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (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).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

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__ (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).

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

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

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

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

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126).

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

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

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

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

793).

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

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

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

X (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.)

X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

X (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

X (48) 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).

X (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Jul 2013) (31 U.S.C. 3332).

X (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

X (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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(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).

(ii) 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.

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

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

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

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

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

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

(xi) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O 13627).

(xii) 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).

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