COMBINED SYNOPSIS SOLICITATION.pdf

COMBINED SYNOPSIS/SOLICITATION

FOR

ENTERPRISE BUSINESS SOLUTIONS HRCONNECT SYSTEM EXAMINATION SERVICES

1. This is a combined synopsis/solicitation for commercial items and services 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 DUE DATE FOR RECEIPT OF PROPOSALS IS TUESDAY, 18 FEBRUARY 2020 AT 4:00 PM EST.

2. This solicitation is issued as a Request for Proposal under solicitation number 2031LL20R00002 as a total small business 8(a) set-aside under North American Industry Classification System (NAICS) code 541219, small business size standard $22M.

3. The solicitation document and incorporated provisions and clauses are in effect through Federal

Acquisition Circular (FAC) 2020-04.

4. Description of Services:

BASE YEAR: Period of Performance – 01 March 2020 through 28 February 2021

CLIN: 0001

DESCRIPTION: The contractor shall provide SSAE 18 Examination of HRConnect System in accordance with the attached Performance Work Statement, entitled “Enterprise Business

Solutions HRConnect System Examination”, dated 03 January 2020.

QTY: 1

UNIT OF MEASURE: YR

UNIT PRICE: $______________

EXTENDED PRICE: $______________

CLIN 0002

DESCRIPTION: Travel

QTY: 1

UNIT OF MEASURE: LT

UNIT PRICE: $5,000.00 (Not-To-Exceed)

EXETENDED PRICE: $5,000.00

OPTION YEAR ONE: Period of Performance – 01 March 2021 through 28 February 2022

CLIN: 1001

DESCRIPTION: The contractor shall provide SSAE 18 Examination of HRConnect System in accordance

CLIN 1002

UNIT OF MEASURE: LT

OPTION YEAR TWO: Period of Performance – 01 March 2022 through 28 February 2023

CLIN: 2001

DESCRIPTION: The contractor shall provide SSAE 18 Examination of HRConnect System in accordance

CLIN 2002

QTY: 1

UNIT OF MEASURE: LT

OPTION YEAR THREE: Period of Performance – 01 March 2023 through 29 February 2024

CLIN: 3001

DESCRIPTION: The contractor shall provide SSAE 18 Examination of HRConnect System in accordance

CLIN 3002

QTY: 1

UNIT OF MEASURE: LT

OPTION YEAR FOUR: Period of Performance – 01 March 2024 through 28 February 2025

CLIN: 4001

DESCRIPTION: The contractor shall provide SSAE 18 Examination of HRConnect System in accordance

CLIN 4002

QTY: 1

UNIT OF MEASURE: LT

5. The provisions at 52.212-1, Instructions to Offerors—Commercial Items and 52.212-2, Evaluaton –

Commercial Items, apply to this acquisition in addition to the following addenda:

ADDENDUM to 52.212-1 – INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018)

The following paragraphs do not apply to this solicitation and are hereby are deleted:

(d) Product Samples.

(e) Multiple Offers.

(h) Multiple Awards.

The following paragraphs will apply to this solicitation and are hereby added:

(m) Preparation of Proposals. (1) In response to this request, all offerors must provide in their submission the following information:

a. Contractor’s complete name;

b. Contractor’s address, city, state and zip code;

c. Contractor’s POC information for this solicitation (including telephone number and email address);

d. Contractor’s Data Universal Numbering System (DUNS) number; and

e. Discount Payment Terms.

Additionally, offerors must also complete the provisions below at 52.219-1 (page 17); 52.219-18 (page 21;

and 52.222-22 (page 22) in this solicitation.

(2) Responses to this solicitation must be prepared in three parts: Section I –Technical/Management

Proposal, Section II – Past Performance, and Section III – Price Proposal. Paragraph 4 above (Description of

Services) shall be used to illustrate the total price for each CLIN. Section III shall also be used to illustrate a breakout of the price.

Each of these parts shall be a separate evaluation of the other. No Section with the exception of Section

III – Price Proposal, shall contain any cost related to the solicitation; however, it must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical proposal instructions. The offeror shall acknowledge and return any or all amendment(s). The acknowledged amendments will be returned as part of Volume III - Price Proposal. Failure to follow these instructions may render your proposal as non-responsive and subject to rejection.

(3) Your response to the solicitation must be signed by an official authorized to bind your organization. A copy of each Volume (to include all amendments) shall be emailed to robinsonp@oig.treas.gov. Note:

Failure to comply with these instructions may render your Proposal as non-responsive and subject to rejection.

(4) It is understood that your responses to the solicitation shall become part of the official contract file.

The Government will evaluate responses in accordance with the evaluation criteria set forth in the solicitation.

(5) The RFP does not commit the Government to pay any cost for preparation and submission of your proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition.

(6) Questions/Inquiries concerning this solicitation are due via email to Pamela Robinson at robinsonp@oig.treas.gov no later than 03:00 pm EST on Thursday, 06 February 2020.

THE DUE DATE FOR RECEIPT OF PROPOSALS IS TUESDAY, 18 FEBRUARY 2020 AT 4:00 PM EST.

(7) In addition, any resulting additions, deletions, or changes to the solicitation will be made by issuance of a formal amendment. Offerors are instructed specifically to contact only the issuing Contracting Office in connection with any aspect of this requirement prior to award. The Government does not intend to extend the due date for proposals.

(8) Proposal Format and Content.

i. Paper, Page Size and Format. Page size shall be 8.5 x 11 inches. Pages shall be single- spaced using 1 inch margins on the top, bottom and side margins.

ii. Text Spacing and Type. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12 font size. Pages shall be numbered sequentially by section.

iii. Illustrations and Tables. Tables, charts, graphs, diagrams and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall. Be uncomplicated, legible and shall not exceed 8.5 x 11 inches. Foldout pages shall not be used. For tables, charts, graphs and figures, the text shall be no smaller than 12 font size. Elaborate formats, bindings or color presentations are not required. Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are not required and neither are they desired.

iv. Number of Copies/Page Limits. The offeror shall prepare the proposal as set forth in the Proposal

Organization Table below. The titles and contents of the sections shall be as defined in the table, all of which shall be within the required page limits and with the number of copies specified. When both sides of a sheet display printed material, it shall be counted as 2 pages. Pages exceeding this page limitation set forth will not be read or evaluated and will be removed from the proposal.

mailto:robinsonp@oig.treas.gov.

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Section

Title

# of Copies

Maximum Page Limit

I Technical/Management Approach 1 25

II Relevant Past Performance 1 6

III Price 1 None

Note: Title, Cover, table of contents, and acronym pages will not count against the page limitation.

v. Offerors shall submit their proposal via email to Pamela Robinson at robinsonp@oig.treas.gov by the date and time. It is the Offeror’s responsibility to send all documents so they arrive no later than the due date/time indicated, and confirm receipt. The Offeror assumes full responsibility for ensuring such materials and attachments are formatted in accordance with TOIG Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cmd, .com, .exe, .pif, .rar., .scr, .vbs, .hta, .cpl, and .zip files.

Microsoft Office compatible documents and PDF files are acceptable. If the Offeror determines other formats are necessary, it is the Offeror’s responsibility to verify with the Contracting Officer that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be deemed unacceptable and subject to rejection. The maximum size for electronic submissions is 15MB per individual email.

(n) Section I – Technical / Management Proposal Instructions. (1) The Offeror's proposal must stipulate that it is predicated upon all the terms and conditions of the solicitation. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 calendar days from the date of receipt by the Government.

(2) The technical/management proposal will be used to evaluate offeror’s capability to perform and manage the tasks set forth in the Performance Work Statement (PWS). Therefore, the proposal must present sufficient information to reflect a thorough understanding of the work requirements and a detailed plan for achieving the scope of work. To permit a thorough and effective evaluation, the proposal should be as concise, complete and clear as possible. Inclusion of any important consideration not covered by this request is encouraged.

(3) The proposal shall be as detailed, specific and complete as to enable the Government to make a thorough evaluation of the proposal, and a sound determination that each proposal will have a reasonable likelihood of meeting the government’s needs. A proposal which merely offers to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for award.

Statements to the effect that the offeror understands and will comply with the PWS in whole or in part, (i.e.

phrases such as "standard procedures will be used" or well-known techniques will be utilized") and generalities of textbook theories and techniques will not constitute compliance with the requirements concerning the content of the technical proposal and will be rated accordingly. It is essential that the offeror present information in sufficient detail so as to permit the Government to make evaluation of the technical proposal without further information being required from the offeror.

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(4) If the offeror is deemed not independent or not objective with respect to the Auditee, the offeror will not be eligible for this contract. The government will determine whether the firm is independent for the purpose of performing an audit of financial statements or an attestation of the federal entity.

(5) Offerors shall provide a Management Plan that include information on how the project will be organized, staffed, and managed. Information should be provided which will demonstrate understanding and management of the requirements contained in the PWS. Offerors shall also provide an organizational chart, which displays internal organization relationships and demonstrates who has responsibility for administrative oversight over each contract activity. Management Plan shall also address requirements to be met (e.g., accomplish tasks and provide deliverables) as stated in the PWS including any applicable subcontractors management capabilities and integration into the Plan. The Plan shall include the following:

The organizational structure for the project, including the names of personnel who will fill key positions in that structure;

Years in positions and position description (e.g., years as partner, years as director/manager;

years as senior, in charge, etc.);

Proposed lines of responsibility and authority;

Communication channels to coordinate and manage the project;

Procedures for ensuring controls over quality, timeliness, and cost, including details of the control programs to be used to meet the requirements of this PWS;

Description of capability to effectively manage the staffing resources to be used to meet the requirements of this PWS, including ability to be flexible in the timing of staff assignments for the work; and

A copy of its most recent peer review report received from a CPA firm, to include the related letter of comments and the Offeror’s response to the report.

(6) Offerors shall identify all proposed key personnel (prime and subcontractor) and illustrate independence and objectivity of the organization, any principals and key management staff. Additionally, the offeror shall provide the qualifications and resumes of all key staff members that will perform work under the contract. Each resume shall include a description of the Offeror’s intended use of the individual (e.g., partner, manager, etc.) in performing work, provide sufficient information that documents the individual meets the qualification requirements contained in Part 1.A. Labor Categories, and a detailed listing of continuing education courses (as described in 1.A. Labor Categories). Specific qualifications include the following:

Experience in conducting other Federal SSAE 18 attestations;

Total years of general audit experience and type of relevant experience (e.g., Federal);

CPA, CISA, CISSP, CIA, and other relevant certifications and credentials; and Date, type of education (e.g., advanced degree, special training, and CPE requirements), and name of institution.

(7) Offerors shall provide a signed copy of the Declaration of Independence and Conflict of Interest Form (Attachment 3). This document will be included in the maximum page limit.

(8) Lastly, offerors are hereby advised that the Government, unless otherwise specified, i.e., by law;

acquire that right to use, duplicate, or disclose in any manner and for any purpose whatsoever, and have or permit others to do so, all subject data required to be delivered under any task order or contract resulting from this solicitation. Any reservations to those stated Government rights to data should be enunciated in your proposal and will be resolved during any subsequent negotiations.

(o) Section II – Past Performance Instructions. (1) Offerors shall provide in their past performance proposal any information currently available (letters, metrics, customers' survey, independent surveys, etc.), which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type discipline in the past three years. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, etc. This information will not be included in the maximum page limit.

(2) Additionally, offerors shall also provide a reference list of at least three (3) of the most relevant contracts performed for Federal agencies and commercial customers within the last 3 years of this solicitation closing date that demonstrate your ability to perform the proposed effort. The references must contain accurate point of contact information such as, name, title, telephone number and email address.

Offerors shall also disclose in their proposal the identity of all contracts, ongoing and completed during the past three years, with any Treasury bureau or component. This information will not be included in the maximum page limit.

(3) Lastly, offerors shall provide Past Performance Questionnaire (Attachment 10) to their references, for them to complete and email directly to robinsonp@oig.treas.gov before the closing date.

(4) Offerors with no relevant past performance history shall receive the rating "neutral", meaning the rating is rated neither favorable nor unfavorable.

(p) Section III – Price Proposal Instructions. (1) Offerors shall provide a price proposal in response to the solicitation. In doing so, Offerors accedes to the terms and conditions as written in the solicitation.

(2) Offerors shall provide proposed prices for all of the Contract Line Item Numbers (CLlNs) supplies/services identified above in paragraph 4 (Description of Services) of this solicitation. Offerors shall include a fully completed price schedule in their price proposal. Any offer, which fails to cite a price for each item, or fails to make an entry, may be subject to rejection.

(3) Note that unrealistically low or high proposed costs or prices initially or subsequently, may be grounds for eliminating a quote from competition either on the basis that the offeror does not understand the, requirement or has made an unrealistic quote. An offer using a sliding price scale or subject to escalation based on any contingency will not be accepted and will be considered as non-responsive to this solicitation. Offers should be sufficiently detailed to demonstrate their reasonableness.

The burden of proof for credibility of proposed costs/prices rests with the offeror.

(4) Offerors shall provide additional information to support price reasonableness, such as a breakout of how the price was derived (i.e. Breakdown of labor categories and number of hours associated with each phase of the tasks).

(End of Provision)

ADDENDUM TO 52.212-2 - EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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(a) The Government anticipates awarding a Firm Fixed Price contract to the responsible Offeror whose proposal conforms to the solicitation on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following evaluation factors in order of importance shall be used to evaluate proposals received in response to this solicitation:

Technical Approach Understanding of the Requirement Independence Key Personnel

Management Approach

Past Performance

Price

(b) Offerors should consider these factors when preparing their proposal. The rating for each evaluation factor will be based on the Government's determination of the degree to which the quote satisfies the requirements of each factor. The highest possible rating is Excellent with the lowest possible rating being Unacceptable. Offerors with no relevant past performance history shall receive the rating "neutral", meaning the rating is rated neither favorable nor unfavorable.

(c) The above factors are listed in descending order of importance with Technical / Management being the most important factor and Past Performance being more important than Price.

(d) Proposals rated “unacceptable” for any of the evaluation factors are NOT eligible for award and will be excluded from further consideration. Offerors will be notified in the event that their proposals are eliminated from consideration.

FACTOR 1 - TECHNICAL APPROACH: Proposals will be evaluated on the Offeror’s ability to clearly and completely:

Demonstrate an understanding of the applicable attestation requirements/guidance (i.e. Statements on Standards for Attestation Engagements No. 18 (SSAE 18) (Reporting on Controls at a Service Organization) issued by the American Institute of Certified Public Accountants (AICPA), Government Auditing Standards, GAO/PCIE Financial Audit Manual (FAM), FISCAM, and OMB Bulletin No. 19-03, Audit Requirements for Federal Financial Statements).

Demonstrate the attestation approach, including the phases of the attestation (e.g. planning, performance, and reporting) and specific techniques that will be employed (i.e. statistical sampling, analytical work, other non-sampling tests, etc.).

Provide a representation of independence and objectivity of the organization, any principals and key management staff proposed for the engagement.

Provide the qualifications and resumes of all Offeror and Subcontractor key personnel that provide sufficient information that clearly demonstrates the qualification requirements contained in the PWS, Part 1.A. Labor Categories, and details a listing of continuing education courses (as described in 1.A.

Labor Categories).

FACTOR 2 - MANAGEMENT APPROACH: Proposals will be evaluated the Offeror’s ability to clearly and completely:

Provide a Management Plan addressing items in the paragraph (m)4; above to be met as stated in the

PWS .

Technical / Management Approach will be evaluated using the ratings below:

Rating Description

Excellent

The approach is completely and exceptionally responsive, with neither major nor minor weaknesses. All requirements of the factor are met. Major and minor strengths exist. The offeror has successfully demonstrated that all the requirements have been thoroughly analyzed and synthesized into approaches, plans and techniques that should result in extremely efficient and effective contract performance. Staffing reflects offeror’s proposed technical approach to perform the audits, attestations, and evaluation. The key personnel proposed have substantial and significantly more than the required experience in the position for which they are currently being proposed. All labor is described in number of hours and type required per task. The risk of unsuccessful performance is extremely low.

Good

The approach has no major weaknesses and few minor weaknesses. Major or multiple strengths exist that more than offset minor weaknesses. The approach presents a thorough discussion and understanding of the requirements which would result in an above average degree of efficiency and effectiveness in contract performance. Staffing reflects the Offeror’s proposed technical approach to perform the audits, attestations, and evaluation. The key personnel proposed have more than the required experience in the position for which they are currently being proposed. All labor is described in number of hours and type required per task and the Approach does not appear unrealistic. The risk of unsuccessful performance is very low.

Satisfactory

The approach is adequately responsive with major weaknesses that are offset by major strengths. Minor weaknesses are generally offset by major or minor strengths and should not affect or compromise the offeror’s performances. The approach presents an adequate discussion and understanding of the requirements that would result in average, but adequate, degree of efficiency and effectiveness in contract performance. Staffing reflects offeror’s proposed technical approach to perform the audits, attestations, and evaluation. The key personnel proposed have the required experience in the position for which they are currently being proposed. All labor is described in number of hours and type required per task and the Approach does not appear unrealistic. The risk of unsuccessful performance is low.

Marginal

The approach presents evidence of the offeror’s ability to minimally meet the requirements. However, the approach presents a shallow or less than sufficiently detailed approach. Major weaknesses are not fully offset by major strengths. If there are no major weaknesses, minor weaknesses exist that are not offset by strengths. The approach suggests that the offeror may be able to complete the tasks; however, weaknesses will likely diminish the quality of the offeror’s performance. Staffing only generally reflects the offeror’s proposed technical approach to perform the audits, attestations, and evaluation. The key personnel proposed have limited experience in the position for which they are currently being proposed. There are questions on the labor information, on the number of hours and type required per task and on whether the overall plan is realistic. The approach suggests that the Government would have to provide significantly increased technical direction in order to ensure successful completion of the audits, attestations, and evaluation. The approach is unacceptable, but capable of being made acceptable through clarifications and discussions. The risk of unsuccessful performance is moderate.

Unacceptable

The approach does not address the requirements. The offeror’s interpretation of or approach to address the requirements is superficial, incomplete, vague, incomprehensible or incorrect to the point it does not demonstrate the offeror’s capability to complete the audits, attestations, and evaluations. The approach does not demonstrate the necessary competency or resources for audits, attestations, and evaluation activities or to complete the engagements. The key personnel proposed have no experience in the position for which they are currently proposed.

Information provided on staffing and the number of hours and type required per task is incomplete and/or unrealistic. Major weaknesses that are not offset by strengths exist that can adversely affect the offeror’s ability to complete the audits, attestation, and evaluation in a satisfactory manner and within the required timeframe. The risk of unsuccessful performance is high.

FACTOR 3 - PAST PERFORMANCE: Proposals will be evaluated on the Offeror’s performance under existing and prior contracts for same or similar services. The Government will use information submitted by the offeror and other sources such as Federal databases that maintain past performance information as an evaluation factor for responsibility determinations, determining the acceptability of an offeror, and to assess experience.

The past performance evaluation shall consider the Offeror’s demonstrated record of performance in providing services that meet the customer’s needs currently and/or during the past three (3) years from date of issuance of this solicitation. The Government will evaluate past performance information of three

(3) past customers for whom they have performed the same or similar services. The Government will evaluate the degree of relevancy between each Offeror’s past performance information and the solicitation requirements.

In assessing the relevancy, the Government will evaluate the degree of similarity in size, scope, and complexity between an Offeror’s past performance information and the work anticipated to fulfill the PWS.

The potential for disruption to schedule, increase in cost, or degradation in quality of performance based on the Offeror’s past performance will also be evaluated as well as whether an Offeror has consistently demonstrated a commitment to customer satisfaction and complied with federal regulations and relevant policy.

Lack of relevant past performance or lack of sufficient past performance information will result in the assignment of a neutral rating. A neutral rating indicates neither a favorable nor unfavorable evaluation for this factor. If past performance as a subcontractor is submitted, relevancy will be evaluated as to the work that the Offeror did under its subcontract, not the entire scope of work as performance by the prime contractor.

Additionally, the government may contact references, other than those identified by the offeror, and use the information received to evaluate the offeror's past performance.

Past Performance will be evaluated using the ratings below:

RATING DEFINITIONS

Excellent – Low Risk

Highly relevant past performance record managing contracts similar in size, scope, and complexity to the solicitation requirements. No potential exists for disruption of schedule, increase in cost, or degradation in quality of performance based on the Offeror’s past performance.

Good – Low to Moderate Risk

Highly relevant past performance record managing contracts of similar size, scope and complexity to the solicitation requirements. Some potential exists for disruption of schedule, increase in cost, or degradation in quality of performance based on the Offeror’s past performance.

Marginal – Moderate Risk

Somewhat relevant past performance record may exist. Some potential exists for disruption of schedule, increase in cost, or degradation in quality of performance based on the Offeror’s past performance.

Unacceptable – High Risk

Somewhat relevant past performance record managing contracts of similar size, scope and complexity to the solicitation requirements.

Significant potential exists for disruption of schedule, increase in cost, or degradation in quality of performance based on the Offeror’s past performance.

Neutral

No record of relevant past performance exists or past performance history is not available

FACTOR 4 – PRICE: The Offeror’s proposed price will be evaluated but not rated. The Offeror’s proposed price will be evaluated to the degree in which the proposed price is reasonable, realistic, and competitive by considering the level of effort and the mix of proposed labor to perform the specific tasks in the PWS.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (JAN 2020)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 2018) (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 (Oct 2018) (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] _X_ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

__ (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 (Jan 2020) (E.O.13126).

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (July 2014) of 52.222-35.

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

__ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (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).

__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

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

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

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (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) (Aug 2018) (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).

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 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.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

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

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

(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 Priced (FFP) contract resulting from this solicitation.

(End of Provision)

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 20 days.

(End of Clause)

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 10 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 20 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 5 years.

(End of Clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (OCT 2014)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph

(b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB…