Statement_of_Work,_evaluation_criteria,_and_additional_clauses..docx

2017-Q-67185

STATEMENT OF WORK

Tool and Resource Development Addressing Heart Disease and Stoke for the CDC Workplace Health Resource Center

I. BACKGROUND

The workplace and the health of the workers within it are inextricably linked. Ideally, workplaces shall not only protect the safety and wellbeing of employees but also provide them opportunities for better long-term health and enhanced quality of life. Effective workplace programs, policies, and environments which are health-focused and worker-centered have the potential to significantly benefit employers, employees, their families, and communities. As the nation’s premier public health agency, the Centers for Disease Control and Prevention (CDC) helps protect the health and safety of all people in our schools, communities, homes and workplaces through prevention. The workplace can specifically protect and promote health through programs, policies, and practices that have the potential of reaching millions of workers, retirees, and their families.

The CDC has a responsibility and opportunity to engage businesses, particularly small to medium sized employers, in a health promotion and disease prevention movement. This is especially relevant at the current time due to employers concerns about unsustainable health care costs, worker productivity, and changing workplace demographics. These concerns are all impacted by employee health, largely driven by chronic diseases, and can be addressed through various workplace health strategies. CDC has demonstrated increasing interest in impacting population health by working in the workplace setting through its efforts over the past several years.

The CDC Workplace Health Resource Center (WHRC) is an online, one-stop shop that gives employers tools and resources to create a healthy work environment. The site features credible assessment tools and step-by-step resources to design, develop, put in place, evaluate, and sustain workplace health promotion program tailored to their unique workplace needs. The WHRC CDC provides sound, actionable information, vetted by the CDC and experts, to help employers launch or expand a workplace health promotion program. The WHRC is scheduled to launch in August 2017.

As an initial step in its developmental process, CDC identified over 1,000 public domain tools and resources for potential inclusion in the WHRC. Still, a number of gaps have been identified in areas that would promote and facilitate employer uptake and adoption of science-based workplace health promotion interventions and strategies. One of these areas pertains to the leading cause of mortality for both men and women in the nation – heart disease. (CDC, 2015). A number of products have been developed or are in the process of being developed through the WHRC adding to a growing portfolio of tools and resources for employers and practitioners, but new, novel resources that address heart disease and related conditions such as stroke and diabetes as well as their risk factors such as physical inactivity and poor diet need to be developed and disseminated for the employer community to raise awareness and create a sense of urgency to take action.

II. PURPOSE

The purpose of this request is to obtain contractor support services to support the CDC Workplace Health Program, Division of Population Health, National Center for Chronic Disease Prevention and Health Promotion in the development and dissemination of new, novel tools and resources for employers that address heart disease and stroke and related risks for use in the CDC Workplace Health Resource Center.

III. SCOPE OF WORK

The vendor will provide all labor, materials, and equipment required to complete the tasks outlined below. The vendor is required to have communications every two weeks with CDC to obtain background, data, materials needed to organize and complete the project tasks.

IV. TASKS TO BE PERFORMED

The vendor shall perform the following tasks to enhance the WHRC by developing and disseminating tools and resources focusing on heart disease and stroke prevention in worksites.

A. Develop a work plan to develop and disseminate workplace heart disease and stroke prevention tools and resources.

1. Develop a process and production timeline for a set of 10 new resources focused on workplace heart disease and stroke prevention. The list of 10 resources by number and type are listed below.

a) One (1) Infographic that describes key concepts or best practices summarizing the current evidence base

b) Two (2) one pagers with important “facts” and/or “factoids”

c) Developing and hosting three (3) webinars and/or podcasts including one that shall be devoted to a summary of the findings of the CDC Workplace Health in America survey

d) Two (2) employer case studies

e) One (1) issue brief utilizing data collected from the CDC Workplace Health in America survey

f) One (1) issue brief summarizing best practices and the evidence-base for workplace heart disease and stroke prevention .

2. Describe the process of actionable health message development and how topline, main messages will be communicated in each resource.

3. Describe how standards of plain language style for employers and practitioners will be used.

4. Describe any specific audience segment within the larger employer/practitioner target audience.

5. Describe how graphic (pictures, tables, graphs, charts) and other non-text elements will be used in the set of 10 new resources.

6. The products, tools, and resources developed shall be made 508 compliant and posted to the WHRC website and made accessible through the public domain.

7. Develop a dissemination plan. Describe its approach (dissemination plan) to raise awareness and increase utilization of the tools and resources to interested stakeholder groups including employers, public health agencies, business coalitions, researchers, practitioners, and others who may be users of the information.

a) Describe dissemination of the new resources using a variety of means, such as the WHRC website and social media, etc.

b) NOTE: Hard copy printing of materials are not supported by this contract.

B. Design, draft, and produce new tools and resources (information products) focused on workplace heart disease and stroke prevention.

1. Produce a set of 10 new, creative, quality written products suitable for the large scale dissemination which target employers and wellness practitioners. The focus of the products should address the business case, practical solutions, and best practices to improve the cardiovascular health of employees by leveraging the workplace setting.

2. Describe the process for writing and editing the resources for publication and presentation including the following steps:

a) Analyze and plan each resource examining its key aspects and determining the best approach to write, edit, and publish them.

1) Address how the CDC Division for Heart Disease and Stroke Prevention will be involved and included in the development of new resources and ensures that the CDC has the final approval.

2) Describe the process to test messages contained in the new tools and resources

3) Conduct message testing on new tools and resources.

4) Define linkages to existing CDC workplace health tools and resources (e.g. CDC Worksite Health ScoreCard) and make these connnections plain/clear in the new tools and resources

b) Create an outline for each resource identifying the main ideas, themes, elements including placeholders for visual content such as graphics and tables.

1) Translate research and recommendations into focused communications that engage audiences and promote action.

c) Write a draft for each resource relying on the outline approved by CDC free of typographical, grammatical, and other errors

d) Revise/Rewrite each draft to incorporate edits and changes based on CDC feedback.

e) Proofread and edit to ensure professional quality, clarity, motivating and inspriring tone and voice, correctness, and adherence to style/branding guidelines. (See the References section)

3. Describe the process for finalizing and publishing the resources including

a) Formatting the resources for publication and presentation including layout, selection and use of visual elements, text boxes, headers/subheaders, branding/logo, etc.

b) Participation and support in the CDC clearance process including making revisions to the draft resources if needed based on clearance review comments.

4. Utilize the WHRC identity and creative guidelines established to create a uniform and consistent brand for all WHRC novel resources (to be provided by CDC upon award).

5. The tools and resources shall be developed to be housed on the CDC website and comply with all CDC web standard and templates (see section XI: 508 compliance); deliverables must adhere to all federal, HHS, and/or CDC IT security, privacy, and all materials must be 508 compliant prior to submission to CDC for approval and acceptance.

C. Dissemination

1. Execute the dissemination plan that includes, but is not limited to, the following components:

a) Marketing the tools and resources to key stakeholders. Examples include developing and distributing marketing materials targeted to specific audiences, and proactive use of relevant social media.

b) Leveraging multiple communications channels to reach and engage stakeholders (listed in A.7) including newer technologies such as social media, e-bulletins, etc.

2. Conduct three (3) webinar and/or podcast series and provide logistical support for up to 1000 people per each event.

a) Logistical support includes preparing marketing materials, telephonic/video conference support, technical support, identifying and recruiting speakers, hosting/facilitating the event presentation and question/answer discussion, preparing an archived (recorded) version of the event.

D. Contract Management

1. Conduct teleconferences every two weeks with CDC staff on the Tool and Resource Development Addressing Heart Disease and Stoke for the CDC Workplace Health Resource Center tasks.

2. Prepare agendas no less than three business days in advance of regular meetings and submit minutes from meetings no less than two buisness days following meetings

3. Provide a written semi-annual and annual progress reports (a total of 2 reports in a MS Word electronic format) that shall include all work conducted with information about progress toward goals and objectives and any obstacles or issues that must be addressed so that work proceeds on schedule.

REFERENCES

· CDC Audio Script Writing Guide - https://www2c.cdc.gov/podcasts/audioscriptwritingguide.pdf

· CDC Social Media Tools, Guidelines & Best Practices - https://www.cdc.gov/socialmedia/tools/guidelines/socialmediatoolkit.html

· Gateway to Health Communication & Social Marketing Practice - https://www.cdc.gov/healthcommunication/index.html

· CDC Workplace Health Resource Center – www.cdc.gov/whrc

· CDC Workplace Health Promotion – www.cdc.gov/whp

V. GOVERNMENT FURNISHED MATERIALS

N/A

VI. PERIOD OF PERFORMANCE

The period of performance shall commence upon award of a purchase order and shall continue through the next 12 months (9/30/2017 - 9/29/2018).

VII. DELIVERABLES

The vendor shall provide the following deliverables to the Project Officer by the dates reflected below. All electronic files should be delivered in MS Word format and provided via e-mail.

VIII. CLIN STRUCTURE

0001:

Tool and Resource Development Addressing Heart Disease and Stoke for the CDC Workplace Health Resource Center

• Fixed Price CLIN

• Non-severable CLIN

Period of Performance: 09/30/2017 – 09/29/2018

PURCHASE ORDER TOTAL:

7. TECHNICAL EVALUATION CRITERIA

The relative value of criteria for this technical evaluation are the following:

This purchase order will be awarded to the offeror whose quote is considered to be the most advantageous to the government, with price and other factors identified below considered. Technical factors will be more important in the evaluation than price. The government will not make an award at a significantly higher overall price to the government to achieve only slightly superior performance.

1. Technical Evaluation:

Contractors are to provide a discussion of their technical approach for providing the services required for this Purchase Order. Provide information reflecting experience of assigned staff, including a detailed resume, biography, or curriculum vitae (CV) of each candidate.

This criterion will be evaluated according to the soundness, practicality, and feasibility of the Contractor’s technical approach for providing the services required for this Purchase Order.

Technical evaluation for this RFQ is as follows:

Similar or Previous Experience – 40 Points Offeror shall provide information reflecting their organizational capacity and prior experience for projects similar in complexity and scope. The company and proposed staff shall have demonstrated experience in conducting formative work including mixed-method approaches, develop and testing of public health messages and communications products, and marketing and dissemination of educational information. Detailed information for a minimum of 2 projects of similar scope and complexity shall be provided and shall contain at a minimum: 1) a description of the work performed; 2) cost of the project; 3) period of performance; 4) challenges faced during performance and how they were resolved; 5) name and contact information for the client; and 6) how the experiences from these projects are relevant to the CDC Workplace Health Program. Additionally, offeror must demonstrate their experience in:

1. Developing, conducting, and synthesizing information from surveys and/or focus groups.

1. Using multiple communication channels to reach and market communications and educational products to employers and to bring awareness to effective science-based workplace health programs.

1. Experience coordinating efforts with nationally recognized workplace health experts, state and local health departments, public health organizations, and other key partners from diverse sectors (health care, academia, business, community, wellness, etc.) including letters of support.

1. Ability and capacity to delivery technical assistance support to key stakeholders.

1. Technical expertise and capacity to develop and produce audio-visual products that are engaging and instructive such as videos

1. Additionally, offeror should include samples of prior project materials such as reports, health communications, or program strategic plans.

This criterion will be evaluated to determine experience of assigned personnel and of the company.

Possible score: 40 of 100 points

Technical Approach– 40 Points Offeror shall submit an easy-to-follow plan indicating how the tasks in the Statement of Work are to be accomplished. The plan shall include as much detail as the offeror considers necessary to fully explain its technical approach and to identify key staff assigned, primary duties, general timelines, partners, deliverables, and other key proposal elements. In their technical proposal, offeror must describe the types of data and methods they propose to use. The technical approach should minimally address the offeror’s approach and plans for consulting and seeking advice from nationally recognized experts in the field of workplace health promotion, wellness, occupational safety and health, and health and productivity management, or similar field of expertise for the CDC Workplace Health Program; the methods used to gather background information, data, reports, or workplace health best practices to be included in the series of communications products; the writing, editing, and productions processes; the perspectives of key stakeholders; and how the offeror will monitor quality control; Detailed processes and methodology must be provided for each task contained within the description of work. This discussion shall be in the offeror’s own words, not simply a recitation of the requirements listed. Quotes merely repeating the language of the SOW will not be considered favorably.

This criterion will be evaluated according to the extent that it reflects a clear understanding of the subject areas to be accomplished and on the soundness, practicality, and feasibility of the offeror’s technical approach for providing the services required for this procurement.

Possible Score: 40 of 100 points

Staffing and Management – 20 Points Offeror shall provide a management plan that describes their approach for managing the work outlined in this Statement of Work. The offeror shall provide (1) a staffing plan that demonstrates their understanding of the labor requirements for this task order; and (2) a management plan that describes their approach for managing the work, to include subcontract management if applicable.

Offeror shall provide (1) a detailed description of how conflicts are managed; (2) a plan to ensure client satisfaction; and (3) a measurement of fiscal responsibility and accountability, paying particular attention to the timely completion of deliverables outlined. Offeror shall submit a detailed description of overall project management, coordination, and quality control, including a timeline showing milestones and anticipated budget expenditures at each milestone (for budget-tracking purposes during the project).

Offeror shall provide a detailed statement of staffing proposed for this purchase order, including (1) how staff will be assigned to each of the required tasks; (2) resumes from key personnel outlining the credentials and background of key management, professional, and technical personnel to be used for this task order, including the percent time on this and other projects; (3) a detailed plan that describes current staff available for this task order and how the team will interface with CDC, as well as descriptions of methods used to recruit professional and technical staff as workloads increase, and/or emergencies or staff turnovers occur; and (4) a clear delineation of staff authorities and line of responsibility with special emphasis on relationships with subcontractor, other contractors, and CDC partners. Offeror shall also include a detailed plan for the management and use of subcontractor personnel or organizations, especially consultants with particular content or scientific/behavioral/organizational change experience who may be required for consultation on this project. Minimum skills and experience requirements stated for personnel must remain at a steady or higher level for the duration of the contract, regardless of offeror staff reorganizations/changes. Any changes must be immediately reported to the contracting officer technical representative COR.

This criterion will be evaluated according to the soundness, practicality, and feasibility of the offeror’s staffing and management plan for this task order.

Possible score: 20 of 100 points

1. Price Evaluation:

A price analysis of the quote will be conducted to determine the reasonableness of the Contractor’s price.

Cost factors including labor, materials, and subcontracts will be considered in the evaluation. The work described in this performance work statement does not necessarily represent the dollar amount available for all workplace health activities or is inclusive of all CDC workplace health programs.

8. ADDITIONAL CLAUSES

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (Feb 1998)

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html (End of Clause)

52.232-39 52.232-40 352.222-70 Unenforceability of Unauthorized Obligations (Jun 2013) Providing Accelerated Payments to Small Business Contractors (Dec 2013) Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

FAR 52.212-1 Instructions to Offerors—Commercial Items (Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision) FAR 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. The following factors shall be used to evaluate offers:

1) Similar or Previous Experience

2) Technical Approach

3) Staffing and Management

See Section 7 above for more information on Technical Evluatin Criteria.

This purchase order will be awarded to the contractor whose proposal is considered to be the most ad-vantageous to the Government, price and other factors identified above considered. Technical is significantly more important than price in this evaluation. The Government may award to other than low offeror. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance. The Government reserves the right to award the purchase order without discussions.

(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) 52.212-5 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (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)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

__ (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 Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

__ (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).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

__ (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).

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

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

_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).

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

__ (35) 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.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). removed the following: applies at $500,000 for all contracts issued after Jan 1, 2017).

__ (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 Televisions (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. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (48)(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.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, 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).

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) 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 and E.O 13627).

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

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for…