A23_Combined_Synopsis_and_Solicitation.pdf

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 1

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN

SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION IS BEING

ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE AUTHORITY

OF FAR 13 FOR COMMERCIAL ITEMS.

This solicitation is a Request for Quotation. The solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02, effective June 5, 2019.

INQUIRIES

Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist within three days (3) of the posting. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

The Government does not intend to respond to questions or inquiries submitted after the cutoff date identified above. The Government will collect all questions and inquiries, incorporate responses and distribute to all Offerors through an amendment to this solicitation via FedBizOpps (FBO).

If further questions arise following the outcome of answers provided to initial questions, the CO has sole discretion to determine if a new question closing date will be allowed. If a new question closing date is approved notification will be sent to all Offerors via amendment to the FBO notice.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621340 a small business size standard of $7.5 million dollars.

This requirement is being procured using full and open competition.

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 2

REQUIREMENTS:

Offeror shall provide a Time & Material Price quotation for the following line items:

CONTRACT

LINE ITEM

NUMBER

(CLIN)

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0001 Exercise Physiologist Services

Contract Period: Base POP Begin: 09-30-2019 POP End: 09-29-2020

1.00 YR

THE FOLLOWING ARE OPTION LINE ITEMS. PRICES QUOTED SHALL BE EFFECTIVE THROUGHOUT THE ENTIRE PERIOD OF PERFORMANCE. AWARD OF OPTION LINE ITEMS IS AT THE SOLE DISCRETION OF THE

GOVERNMENT IN ACCORDANCE WITH FAR 52.217-7.

The Government may exercise option line items, at its discretion, at time of award, or any time prior to the expiration date of the period of performance of the base period (CLINs 0001 and 0002). Options shall be exercised by the issuance of a modification (Standard Form 30).

1001 Exercise Physiologist Services

Contract Period: Option 1 POP Begin: 09-30-2020 POP End: 09-29-2021

1.00 YR

2001 Exercise Physiologist Services

Contract Period: Option 2 POP Begin: 09-30-2021 POP End: 09-29-2022

1.00 YR

GRAND TOTAL

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 3

LIST OF ATTACHMENTS:

The following are hereby provided as attachments. The purpose of these attachments is for reference and to provide task requirements and terms to the Contractor for quotation purposes.

Attachment #1: Statement of Work Attachment #2: D.1 DOJ Whistleblower Attachment #3: D.2 Individual and Corporate NDA Attachment #4: Price/Cost Schedule

PAYMENT SCHEDULE:

The Contractor shall be paid monthly in arears, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice.

NOTE: Alternate payment schedules shall be submitted with Offeror’s response to the RFQ for consideration. An Offeror’s quotation will not be rejected if an alternate payment schedule is not proposed.

INSTRUCTIONS TO OFFERORS:

Quotations are due by 5:00 PM (ET) on August 23, 2019. The CO reserves the right to revise any quotation due dates as required. The Offeror's quotation shall be submitted in electronic format compatible with MS Office or Adobe PDF to debashis.nag@ojp.usdoj.gov. Quotations received after the prescribed date and time will be considered late and will not evaluated.

Quotations shall conform to the instructions identified herein, and the evaluation factor submittal requirements.

Furthermore, quotations shall consist of one attachment per part. Significant deviation may result in the possible exclusion of such quotation from further consideration or may be reflected in the overall evaluation of the quotation.

Failure to comply with the terms and conditions of this RFQ may result in the Offeror's quotation being removed from consideration for award. The quotation must include page numbers and be clearly and concisely written.

Submission of quotations in response to this RFQ assumes the Offeror agrees to all terms and conditions unless specifically excepted in the Offeror's quotation.

General:

The quotation shall be submitted in electronic format, via email to debashis.nag@ojp.usdoj.gov.

To aid in evaluation, the quotation shall be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and be assembled according to the provisions in this section. All pages of each part shall be appropriately numbered and identified with the name of the Offeror, the date, and the solicitation number “15PCRD19R00000003 – OCR Exercise Physiologist Services”.

The quotation shall be typed, with one inch margins, using a fixed font, 12 pitch type (or equivalent), unreduced in size, on 8-1/2" by 11" paper, not exceeding 10 pages, single sided, exclusive of Volume I, representations and certifications, and other administrative documentation such as a one-page cover page and table of contents or list of tables/figures. Actual tables/graphics/figures are NOT included in the page limit. Any pages in excess of 10 will be disregarded and will not be included in the quotation evaluation.

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 4

It is the responsibility of the Offeror to confirm and maintain receipt of quotation delivery date and time and ensure delivery is on time.

Overall Arrangement of Quotation:

Volume 1: Business Quotation:

(A) Volume I must include required representations, certifications, and acknowledgments of amendments;

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

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of Offeror qualifications and quotations submitted to Federal agencies.

If an Offeror's submissions contain information that they believe should be withheld from such requestors under FOIA on the grounds that they contain "trade secrets and commercial or financial information" [5 USC§552(b)(4)], the Offeror shall mark its submissions in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) ___”.

Each individual item considered privileged or confidential under FOIA should be marked with the following notice: "The data or information is considered confidential or privileged, and is not subject to mandatory disclosure under the Freedom of Information Act".

(B) Format and Content. Volume I shall include the following:

i. The solicitation number Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services

ii. The name, address, e-mail addresses and telephone numbers of the Offeror;

iii. Names, titles, and telephone numbers of persons authorized to negotiate on the Offeror's behalf with the Government in connection with this solicitation;

iv. Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office;

v. Any other business or administrative information that the Offeror wishes to include in its quotation.

vi. Use of the Offeror’s standard quotation template is acceptable, and may be used as the cover sheet (or first page) of Volume I. Include one (1) signed copy of the form in Volume I. The person signing this document must have the authority to commit the Offeror to all of the provisions of the quotation.

vii. The Dun and Bradstreet Number for the Offeror’s active registration at the System for Award Management, (www.SAM.Gov) website. Offerors must have an active registration at www.SAM.gov to be considered for award.

If the Offeror’s representations and certifications do not reflect the NAICS code governing this solicitation, Offerors must submit documentation of their business size under the NAICS code governing this solicitation.

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 5

viii. Acceptance Period - The acceptance period entered on the Quotation Form By the Offeror shall not be less than 120 days

Volume II: Technical Quotation:

General:

(A) Volume II must consist of the Offeror’s response to the technical aspects of the acquisition. It shall indicate your organization's capabilities and the means that the Offeror intends to use to satisfy the requirements of the Statement of Work (SOW), of this solicitation.

It will be evaluated in accordance with the criteria contained below, identified as Evaluation Criteria, of the solicitation and it shall be specific and complete in every detail. The quotation must be practical and be prepared simply and economically, providing straightforward, concise delineation of what it is you will do to satisfy the requirements of the Statement of Work.

The quotation shall not merely offer to perform the work in accordance with the Statement of Work but shall outline the approach proposed as specifically as practicable. A quotation that includes a mere repetition of the SOW, may not be considered further for award.

In order that Volume II may be evaluated strictly on the merit of the material submitted, no cost/price information is to be included in Volume II.

(B) Format. Volume II shall include:

i. Table of Contents;

ii. List of Tables and Figures;

iii. Technical Discussion. The technical discussion section should be the major portion of Volume II.

Factor A – Technical Capability and Experience:

The Contractor shall:

a. Demonstrate and describe its ability to perform all requirements in accordance with the attached Statement of Work.

Factor B – Key Personnel:

a. Offerors shall submit the resume and qualifications that demonstrate the requirements, experience, knowledge and education of the proposed Key Personnel as required in the SOW, specifically:

-Demonstrate possession of a doctorate in exercise physiology or a related field.

-Have at least three years’ experience preparing expert reports, affidavits, or declarations that show evidence of mastery of the tasks listed in the Statement of Work, including pertinent aspects of Title VII’s disparate impact standards.

-Must be familiar with the legal standards that apply to disparate impact claims under Title VII and have experience serving as a retained expert in litigation matters that required him/her to prepare reports, declarations, or affidavits and to defend their analyses and opinions during discovery and at trial or in

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 6 administrative hearings. The ECP must have prepared a minimum of three declarations, affidavits, or reports in litigation or administrative matters.

-Provide examples of instances when a court or an administrative agency allowed the expert consultant to serve as an expert and (a) list the area of expertise the court or agency concluded the expert consultant was qualified to address and (b) provide examples of the court or agency’s written decisions evaluating the expert consultant’s knowledge, skills, experience, and training that qualified him/her as an expert witness.

The Offeror shall provide, at least, a resume for their proposed key personnel that includes their name, current employer, relevant education, relevant capabilities and experience, and professional licenses.

Volume III: Price Quotation:

While the Contracting Officer anticipates that pricing for this acquisition will be based on adequate price competition and therefore does not require submission of other than certified cost or pricing data, pricing shall reflect a clear understanding of work to be performed, taking into account differences in skills, the complexity of various disciplines, and professional job difficulty.

Quoters shall submit their pricing in accordance with the attached Pricing Worksheet.

Quoted hourly rates shall be fully-burdened rates.

The burden of proof for credibility of quoted prices rests with the Quoter.

The Service Contract Act does not cover bona fide executive, administrative, or professional employees Price quotations shall remain valid for a period of 120 days from the date quotations are due. Prices quoted for optional line items shall remain valid for a period of 6 months from the date of award.

Basis for Award: Evaluation Factors:

The Government will evaluate an offer ONLY if the offer receives a “pass” for the following minimum criteria;

however, a “pass” for the minimum criteria does not guarantee award. The minimum criteria is listed as follows:

(a) The Quoter submits all required information specified in the RFQ by the closing date/time; and

(b) The Quoter’s submission is in accordance with the terms and conditions of the Quoter’s GSA Schedule contract.

NOTE: Quotes containing exceptions, qualifications, conditions, assumptions or any other deviations from the solicitation may be considered non-responsive, and may be rejected by the Government and not considered for award.

The Government intends to award one Time and Material Type Purchase order for the services specified in the SOW. The Government anticipates awarding a purchase order with a base period of twelve months, and the inclusion of two (2) 12-month option periods.

The basis for purchase order award will be best value using a tradeoff selection process between price and non-price factors. This process will be based on consideration of the following evaluation factors:

(1) Factor A – Technical Capability

(2) Factor B – Key Personnel

(3) Factor C – Price

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 7

All non-price evaluation factors shall be given equal weight, and when combined, non-price factors shall be more important than price.

The selection will involve a comparison of the strengths, weaknesses, deficiencies, risk and price offered in each quote and judgment as to which provides the best combination. Quotes will be assessed for how well the Offeror demonstrates their ability to successfully execute the solicitation requirements.

As a result of the tradeoff process, award will be made to an Offeror other than the lowest price or to an Offeror with less than the highest rated non-price quote, if that higher priced or lower technically rated Offeror provides the best value to the Government.

The Government reserves the right not to make an award as a result of this competition if it is in the opinion of the Government that none of the submissions will provide acceptable performance at a price that is considered fair and reasonable and/or economically feasible.

Quoters are cautioned to submit sufficient information. Quoters may be asked to clarify certain aspects of their quote. The Contracting Officer reserves the right to award a purchase order without the opportunity for quote revision.

Award will be made to the offeror whose quotation conforms to the solicitation requirements; who are determined to be responsible in accordance with the FAR by possessing the financial and other capabilities to fulfill the requirements of the contract; and provides the overall best value to the Government, cost/price and other factors considered.

Factor A – Technical Capability and Experience:

The Government will evaluate:

a. The extent to which the contractor successfully demonstrated their ability to perform all requirements in accordance with the attached Statement of Work.

Factor B – Key Personnel:

The Government will evaluate the quotation on the following:

a. The resume of the Offeror's proposed key personnel, Exercise Physiologist, to determine the extent in which the qualifications, education and experience are met as required in the SOW

b. The extent to which the offeror demonstrated successful preparation of expert reports, affidavits, and declarations, and whether an opposing party challenged his or her qualifications to serve as an expert and whether, in response to that challenge, the administrative agency or court permitted the Offeror to serve as an expert.

c. The extent to which the offeror demonstrated familiarity with the legal standards that apply to disparate impact claims under Title VII and have experience serving as a retained expert in litigation matters that required him/her to prepare reports, declarations, or affidavits and to defend their analyses and opinions during discovery and at trial or in administrative hearings. The extent to which the offeror demonstrated successful preparation of a minimum of three declarations, affidavits, or reports in litigation or administrative matters.

d. The extent to which the Offerors’ reports, affidavits, or declarations reflects the requisite

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 8 knowledge, skill, experience, training, or education to serve as an expert in the subject-matter areas covered by this statement of work. As part of this evaluation, the OCR will consider whether the Offeror is detailing its provision of technical assistance in order to help organizations reform their risk assessment tool that demonstrates relevant and similar experience, requisite knowledge, and skills providing technical assistance as required in the tasks of the SOW.

Part C: Price:

(a) The Government will evaluate prices to determine whether they are fair and reasonable, and have complied with the pricing instructions in this solicitation

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html

Provisions

52.204‐7 SYSTEM FOR AWARD MANAGEMENT

52.212‐1 INSTRUCTIONS TO CONTRACTORS ‐ COMMERCIAL ITEMS

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

52.204‐16 COMMERCIAL & GOVERNMENT ENTITY CODE REPORTING

52.204‐17 OWNERSHIP OR CONTROL OF CONTRACTOR

52.204‐18 COMMERCIAL & GOVERNMENT ENTITY CODE MAINTENANCE

52.217‐5 EVALUATIONS OF OPTIONS

2017)

(a) Definition. As used in this provision-- “Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 9

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, 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.

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

(d) Representation. By submission of its offer, the Contractor represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

Clauses

52.204‐13 – SYSTEM FOR AWARD MANAGEMENT

52.212‐4 – CONTRACT TERMS AND CONDITIONS‐COMMERCIAL ITEMS

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

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

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 10

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__XX_ (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).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business 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. 657f).

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__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 (Sep 2016) (E.O. 11246).

___ (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).

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

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___ (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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).

___ (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 Television (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. 13696).

___ (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).

XX_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

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___ (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).

___ (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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (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).

___ (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) (E.O. 13658).

___ (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 (Sep 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

Solicitation 15PCRD19R00000003 – OCR Exercise Physiologist Services – Page 13 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) 52.203-19, 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, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

(x) 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.

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

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

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

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217‐8 OPTION TO EXTEND SERVICES

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 15 days

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52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 3 years.

The following are applicable OJP provisions and clauses apply to this acquisition and are hereby incorporated in full below.

OJP 2852.203‐1 DOJ OIG WHISTLEBLOWER INFORMATION DOCUMENT (AUG 2016)

The DOJ Office of the Inspector General (OIG), in accordance with the Pilot Program for Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information, codified at 41 U.S.C. §4712 by Section 828 of the National Defense Authorization Act (Pub. L. 112-239), has developed a “Whistleblower Information” document that is provided as an attachment to this award. This “Whistleblower Information” document shall be distributed to all contractor and subcontractor employees and a written confirmation submitted to the Contracting Officer no later than ten (10) business days after contract award. The contractor shall provide the “Whistleblower Information” document to all new contractor and subcontractor employees over the life of the contract.

(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) Convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) That has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer–

(1) The offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) The offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

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(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation –

(1) Convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) That has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –

(1) The offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) The offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors 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. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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OJP 2852.232‐72 INVOICES/PAYMENTS (OCT 2016)

(a) The Contractor is authorized to submit monthly invoices for partial reimbursement payments for services furnished. Invoices or public vouchers shall be identified by contract number and shall be submitted via Electronic Mail (Email) to: ojp.vendorinvoices@ojp.usdoj.gov. The Email subject line shall include: (1) Company Name, (2) OJP Contract Number, (3) Invoice Number and (4) Invoice Date. The Contracting Officer's Representative (COR) identified in Section C shall be carbon copied on each invoice submission.

(b) To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice:

(1) The date delivery occurred or the period over which services were provided;

(2) The Contractor's Taxpayer Identification number (usually its Social Security Number if the Contractor is an individual or its Employer Identification Number if the contractor is a company);

(3) An itemized breakdown of costs incurred, including a listing of direct labor hours worked and labor rates, consultants or subcontractors utilized, and other direct costs; and

(4) The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memorandum M-11-32, ‘Accelerating Payments to Small Businesses for Goods and Services,’ dated Sep 14, 2011.

OJP 2852.239‐70 SECTION 508 COMPLIANCE (MAR 2001)

All electronic and information technology (EIT) procured through this statement of work and any resulting contract, task order, delivery order, or purchase order, must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.accessboard.gov/sec508/508standards.htm - Part 1194.

The contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location).

Closed captioning requirements of the ADA Act require all productions and public service announcements produced by your company on behalf of OJP must provide equal access to persons with disabilities. The Act stipulates that any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of the Federal Government shall include closed captioning of the verbal content of the message.

OJP 2852.242‐72 PERIOD OF PERFORMANCE OPTION CONTRACTS (MAR 2001)

All work called for under this contract, including submission of all reports, shall commence on the effective date of this contract and shall continue for a single Base Period and 4 option periods, if extended under the clause entitled “Option to Extend the Term of Contract.” The anticipated period of performance for the base period is TBD through TBD.

OJP 2852.242‐74 REPORTS (APR 2012)

In addition to providing all services required by this order, the Contractor shall prepare and submit the following reports:

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(a) Monthly Technical Progress Reports. A monthly technical progress report shall be…