Combined_Synopsis_Amendment_1_Tracked_Changes.rtf

REQUEST FOR PROPOSAL #17-100-SOL-00009

Amendment 1

Department of Health and Human Services Office of the Assistant Secretary for Preparedness and Response Washington, D.C.

Training, Exercise & Lessons Learned (TELL) Services

SECTION A SCHEDULE:

This is a Request for Proposal (RFP) issued by the Health and Human Services, Office of the Assistant Secretary for Preparedness and Response (ASPR), Office of Acquisitions Management Contracts & Grants, Washington, D.C., for Training, Exercise, & Lessons Learned (TELL) Services.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88, 81 FR 30427, 5/16/2016, effective 5/16/2016.

The NAICS code for this effort is 611430 “Professional and Management Development Training”, $11M size standard in millions of dollars. This requirement is solicited as a partial Small Business Set a-side. Task #2 of the Statement of Work (SOW) set a-side for small business.

Proposals submitted in response to the RFP are due no later than 08:00 AM16:00 PM Eastern Standard Time, February 2327, 2017. Quote submissions shall be made electronically via email to the Contract Specialist at Cheryl.perdue@hhs.gov and the Contracting Officer at Carol.allen@hhs.gov. The files should be created in any Microsoft Office product or provided in PDF format. Questions are due no later than 13:00 PM Eastern Standard Time, February 16, 2017. Questions received later than 13:00 PM on February 16, 2017 may not be answered. Offerors must be registered in SAM at the time the solicitation is posted.

Proposal submissions must contain all three (6) sections (section I, II, III, IV, V, and VI) required under this RFP. Government will not evaluate incomplete proposal submissions. Each section in the proposal submission should be submitted in a separate file.

SECTION B SERVICES/GENERAL REQUIREMENTS:

HHS has a services requirement for Training, Exercise & Lessons Learned service IDIQ contract. It is anticipated that one or more basic award IDIQ Firm Fixed Price (FFP), contracts will be awarded with FFP, Time and Materials (T&M) or/and Labor Hour (HR) Task Orders. A task order will be placed when requirements are needed. This IDIQ does not obligate funds. The Government is obligated only to the extent of authorized orders actually made against the IDIQ.

Maximum/Minimum IDIQ Limitation: The basic IDIQ maximum dollar amount will be $6.9M and the minimum dollar amount will be $2,000.00 for the base and four (4) option periods.

CLIN Structure: The CLIN structure for the basic IDIQ will Firm Fixed Price (FFP) as follows (Task orders will be FFP, Time & Materials, and/or Labor Hours):

The Statement of Work (SOW) is included at Attachment 1.

SECTION E INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be made at destination by the Government.

SECTION F DELIVERIES OR PERFORMANCE

The period of performance will be a twelve (12) month base from the effective date of the IDIQ with four (4) one (1) year options.

Observance of Federal Holidays and Government Closure:

The Department of Health and Human Services observes the following days as holidays:

New Years Day

Martin Luther King’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order, or Prudential Proclamation

When any such day falls on a Saturday, Friday is taken as the observation day. When the holiday falls on a Sunday, then Monday is the observation day. Observation of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

When the Department of Health and Human Services grants administrative leave to its Government employees, assigned contractor personnel in Government facilities may also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirement of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized representative.

SECTION G – CONTRACT ADMINISTRATION DATA

CONTRACTING OFFICER- The Contracting Officer (CO) is the only individual authorized to redirect the effort or in any way, amend or modify any of the terms of this requirement/IDIQ/Task Orders.

Only the Contracting Officer at ASPR, Office of Acquisitions, Management & Grants (AMCG), is authorized to issue Task Orders off of the IDIQ.

IDIQ/Task Oder Ombudsman: The Contracting Officer will be assigned as Ombudsman.

CONTRACTING OFFICER'S REPRESENTATIVE- The Contracting Officer’s Representative (COR) will be designated in writing on authority of the CO to monitor and coordinate all technical aspects and assist in the administration of the overall IDIQ. The COR will be appointed after the IDIQ is awarded.

Invoicing instructions will be provided at award.

SECTION H – SPECIAL CONTRACT REQUIREMENT

ARTICLE H.1. SUBCONTRACTING PROVISIONS

Small Business Subcontracting Plan (Attachment No. 3)

If the offeror is not a small business, the Small Business Subcontracting Plan must be completed, dated, and will be attached hereto and made a part of the resulting contract.

The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-8, entitled "Utilization of Small Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages-Subcontracting Plan."

Subcontracting Reports

The Contractor shall submit the following Subcontracting reports electronically via the "electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov.

Individual Subcontract Reports (ISR) Regardless of the effective date of this contract, the Report shall be due on the following dates for the entire life of this contract:

April 30th October 30th Expiration Date of Contract

Summary Subcontract Report (SSR) Regardless of the effective date of this contract, the Summary Subcontract Report shall be submitted annually on the following date for the entire life of this contract:

October 30th.

For both the Individual and Summary Subcontract Reports, the Contracting Officer shall be included as a contact for notification purposes.

H.2. OPM Telework Policy:

The Office of Personnel Management (OPM) allows Federal employees and contractors onsite in the support of Federal employees, the “unscheduled leave or unscheduled telework” in the event of hazardous road conditions in the winter months. This contract extends that policy to Contractors who are authorized to Telework by the COR.

SECTION I APPLICABLE CLAUSES

CLAUSES INCORPORATED BY REFERENCE

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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/these address(es):

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

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/vffara.htm.

52.202-1 Definitions Nov 2013 52.203-3 Gratuities

APRIL 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-16 Preventing Personal Conflicts of Interest

DEC 2011

52.203-17 Contractor Employee Whistleblower Rights

APRIL 2014

52.204-4 Printed or Copied Double-Sided Paper

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 SAM Maintenance

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting

JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.207-1 Notice of Standard Competition

MAY 2006

52.212-1 Instructions to Offerors- Commercial Items

JAN 2017

52.212-4 Contract Terms and Conditions - Commercial Items (Alt I)

JAN 2017

52.216-31

Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item Acquisition

FEB 2007

52.222-48 Pollution Prevention and Right-to-Know Information May 2011 52.224-1 Privacy Act Notification April 1984 52.224-2 Privacy Act April 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications

OCT 2015

52.227-1 Authorization and Consent

DEC 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

DEC 2007

52.228-5 Insurance-Work on a Government Installation

JAN 1997

52.232-1 Payments

APR 1984

52.232-7 Payments Under Time & Materials and Labor Hour Contracts

AUG 2012

52.232-17 Interest

MAY 2014

52.232-23 Assignment of Claims – Alt 1

MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations

JUNE 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes, Alt 1

MAY 2014

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

APR 1984

52.237-3 Continuity of Essential Services

JAN 1991

52.237-10 Identification of Uncompensated Overtime

MAR 2015

52.242-13 Bankruptcy

JUL 1995

52.243-1 Changes

APR 1984

52.243-3 Changes Time-and-Materials or Labor-Hours

SEP 2000

52.244-2 Subcontracts

OCT 2010

52.246-4 Inspection of Services -- Fixed-Price

AUG 1996

52.246-6 Inspection -- Time-and-Material and Labor-Hour

MAY 2001

52.246-25 Limitation of Liability – Services

FEB 1997

52.249-2 Termination for Convenience of the Government (Fixed-Price)

APR 2012

52.249-8 Default (Fixed-Price Supply and Service)

APR 1984

52.249-14 Excusable Delays

APR 1984

52.253-1 Computer Generated Forms

JAN 1991

CLAUSES INCORPORATED BY FULL TEXT

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

Offerors’ proposals shall consist of all six (6) sections (section I, II, III, IV, V and VI) required in this RFP. One copy per section is required. Each section should be a separate file. Offerors are to prepare the proposals in accordance with the following:

For Sections I, II and III the format shall be: 8.5”x11” pages using 1” margins, single-sided, single line spacing, and 12-point legible font. A smaller font size may be used for graphics and tables so long as the text is fully legible. The offeror should pay attention to maximum pages allowed per section. If the offeror submits more pages than allowed, the remaining pages will not be reviewed/considered. Our system only allows for a maximum of 25MB for external incoming emails. Any email exceeding 25MB will not be delivered.

The Government will not be obligated to pay any costs incurred by any Offeror in the preparation and submission of a proposal in response to this RFP.

Response must include, at a minimum, the following:

Section I – Cover Page

The cover page shall not exceed two (2) pages and must include the following information:

Name of organization

Date proposal is submitted. Proposals shall be valid for ninety (90) days from the date of submission.

Contractor’s DUNS number and CAGE Code.

Point of contact for contract administration.

Points of contact for representatives responsible for the proposal submission.

Signature of an officer of the proposing firm with the authority to commit the firm.

The offeror shall provide a completed copy of the provision Offeror Representations and Certifications—Commercial Items, with its offer. (Not included in 2 page limitation).

Section II – Technical

The offeror shall submit a technical proposal, a maximum of thirty (30) pages in length, (includes any cover pages), shall demonstrate the Offeror’s understanding of the Statement of Work (SOW) (Attachment 1), and not simply restate the contents of the SOW.

Section III- Qualified Personnel

The offeror shall submit resumes showing evidence they have personnel with appropriate education, background and experience to accomplish the work outlined in the SOW in a Public Health and Medical focused environment. The offeror shall submit their qualified personnel/resumes proposal with a maximum of fifty (50) pages in length (includes any cover pages). Only submit one resume per labor category.

Section IV – Past Performance

The offeror shall submit their past performance information, a maximum of fifteen (15) pages in length (includes any cover pages). The offeror shall describe its past performance on directly related or similar contracts it has held within the last three years from the date of the solicitation which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. The offeror shall provide no more than five past performance references. If CPARs input is not on file for the past performance on the previous contracts, provide a past performance questionnaire (Attachment 2) to the customer and have the customer fill out the form and submit it directly to the Contracting Officer. The past performance questionnaire shall not be submitted directly from the offeror to the Contracting Officer.

Section V– Small Business

The offeror shall fill out Attachment 3- Small Business Plan and submit with the proposal.

Section VI – Price/Cost Factor

The pricing shall identify each category of labor proposed for performance, for the base and 4 option periods. The rate for over time hours will also be included. Hours will be determined at each Task Order Award. There are no page limitations for section VI-Price/Cost Factor. The offeror should fill out Attachment 4- Pricing Schedule with their proposal.

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. One or more IDIQ’s may be awarded. No more than one (1) offeror will be awarded for each task. (The tasks are listed on the Statement of Work beginning on the bottom of page 4). The following factors shall be used to evaluate offers:

Award will be made based on the Government's determination of best-value, using tradeoffs, in accordance with FAR Part 13.5. Evaluation Factors other than Price, when combined, are significantly more important than Price. Each non-priced evaluation factor listed is of equal importance. Although the non-cost factors are each more important than price, the importance of price as a factor will increase as the non-cost factors of the quotes become closer in merit. The government reserves the right to award without discussions. The Government reserves the right to conduct discussions if needed. The government anticipates selecting the best suited contractor from initial responses, without engaging in exchanges with offerors. Offerors are strongly encouraged to submit their best technical solutions and price in response to this RFP. Once the Government determines the offeror that is the best suited (the apparent successful offeror), the government reserves the right to communicate with only that offeror to address any remaining issues, if necessary, and finalize an award with that offeror. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best suited offeror based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best suited offeror, no further communications with the previous offeror will be entertained until after the IDIQ has been awarded. This process shall continue until an agreement is successfully reached and the contract is awarded.

The offeror shall include a completed copy of the provision 52.212-3, Offeror Represenations and Certfications-Commercial items with the offer.

Factor 1 – Technical Approach

Subfactor 1: The extent to which the offeror demonstrates a clear understanding of the SOW, goals, requirements and issues upon which the project will focus, and aligns those facts and vision to the purpose, scope and design with the mission of Training, Exercise and Lessons Learned (TELL).

Subfactor 2: The extent to which the offeror demonstrates expertise, knowledge, and experience in developing and conducting training in variety of methods and venues, developing and conducting a variety of exercises of varying complexity, and the ability understand and support the Lessons Learned concept and data collection concept.

Subfactor 3: The extent to which the offeror demonstrates the technical competencies needed to promote the mission of TELL, to complete the necessary work on time, and to offer suggestions and vision on program development and new technology initiatives that can be incorporated into the TELL program.

Subfactor 4: The extent to which the offeror demonstrates the ability to collaborate with HHS SME’s, personnel from a variety of HHS Operating Divisions (OPDIVs) and Staff Divisions (STAFFDIVs), other government officials, various subcontractors, and State and Local program representatives.

Factor 2 – Qualified Personnel

The quality of the proposed project personnel, and the extent to which the personnel have the appropriate qualifications, competencies, and experience (expertise in the tasks listed in the SOW), to accomplish the project goals and objectives to the extent and breadth needed to effectively address and complete each of the tasks.

The offeror submits evidence they have personnel with appropriate education, background and experience to accomplish the work outlined in the SOW in a Public Health and Medical focused environment. Resumes are required. Specific qualifications include:

Note: The government will provide a Federal Employee to be program manager for each of the tasks. Only submit one resume per labor category.

Factor 3 - Past Performance

The offeror shall describe its past performance on directly related or similar contracts it has held within the last three years from the date of the solicitation which are similar scope, magnitude and complexity to that which is detailed in the SOW. Contactors that describe similar contracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the SOW. The offeror shall provide no more than five past performance references. In determining the rating for the past performance evaluation factor, the Government will give greater consideration to the contracts which are most relevant to the SOW. The contractor shall provide the following information regarding its past performance:

The Government reserves the right to obtain information or use in the evaluation of past performance from any and all sources. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance, therefore will receive a neutral rating.

Factor 4 – Small Business The Government will evaluate the contractor’s small business subcontracting goals as well as the dollar value of the small business goals offered. The contractor shall fill out Attachment 3, Small Business Plan and submit with the proposal. Requirement one which includes tasks 1,3,4,5,6, and 7 will be unrestricted. Requirement two which includes task 2 will be set-a-side for SB. If no small business submits a proposal then requirement two will be awarded unrestricted. Therefore offerors should propose on all 7 of the tasks. Task 2 will not have a SB evaluation unless no small businesses submit an offer, then it will be evaluated. Small businesses are not limited to only task 2, they may propose on only task 2, on any of the tasks, or all of the tasks. There may be one award for all tasks or a separate award for each task, depending on the outcome of the source selection. There will be only one award per task (not multiple awards per task).

Factor 5 – Price/Cost Factor

The government will evaluate the reasonableness of the Offeror’s proposed price. The Government will evaluate whether the Offeror has completely and clearly addressed the proposed price for the base and option periods. The Government may determine that a proposal is unacceptable if the proposed prices are significantly unbalanced. The Government will also evaluate the offeror’s proposed labor categories and hours to determine that they are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the unique methods of performance and materials described in the offeror’s technical proposal. The offeror may add, delete, or change the labor categories as they feel is needed. Note: The government will provide a Federal Employee to be program manager for each of the tasks.

Offerors are advised that the Option to Extend Services Clause at 52.217-8 is included in this solicitation and will be included in the award. When proposing prices for base and options, Offerors should consider that the government may choose to exercise the option to extend services at the end of any period of performance (base or option periods), utilizing the rates in effect during the period of performance in which the option is exercised. For example, if FAR 52.217-8 is exercised at the end of Option Period One (1), the rate(s) in effect for Option Period 1 will be the same rate(s) applicable for the extension period, regardless if FAR 52.217-8 is exercised for the full 6-month period or in increments. For purposes of evaluation, the government assumes that any price proposed for base and option periods reflects the possibility that a period of performance may be extended.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) 52.212-3 - Offeror Representations and Certifications—Commercial Items (Jan 2017) The offeror shall provide a completed copy of the provision Offeror Representations and Certifications—Commercial Items, with its offer.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

[Contracting Officer check as appropriate.] _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).

___ (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).

_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).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_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).

___ (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).

_X_ (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.

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

_X_ (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.

_X_ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (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)).

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

____ (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 (Sep 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).

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

_X_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (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.

___ (41) (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.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (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.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X_ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 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).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, 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 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) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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) 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Firm Fixed Price basic IDIQ contract, with Firm Fixed Price, Labor Hour, and/or Time and Materials Task Orders resulting from this solicitation.

(End of provision) 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the start date of the basic IDIQ through the end date of the last option period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1M;

(2) Any order for a combination of items in excess of $1M; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end date of the last option period.

(End of clause) 52.216-27 Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months.

(End of Clause) 52.219-13 Notice of Set-Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of Clause) 52.233-2 -- Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition…