OPM_RFP_Solicitation_24322618R0004_P00001.docx

OPM RFP Solicitation: 24322618R0004_P00001 Combined Synopsis/Solicitation Title: Office of Personnel Management (OPM) May 2018 Benefits Training: Hotel, Training Rooms, Multimedia support and other conference related services.

Response Date: December 5, 2017; 12:00 P.M., Eastern Standard Time Classification Code: NAICS Code: 721110 Hotels (Non Casino) Procurement: Purchase Order (PO) for Commercial Services

DESCRIPTION:

This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102(g) and in the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a separate written solicitation will not be issued. The Solicitation number is: 24322618R0004 and is issued as a Request for Proposals (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through FAC Number/Effective Date: FAC 05-95 01/19/17

The Office of Procurement Operations (OPO), on behalf of the Office of Personnel Management (OPM) Retirement Service (RS), is requesting proposals for Hotel, Training Rooms, Multimedia support and other conference related services as specified herein. The NAICS code for this procurement is 721110. This solicitation is being issued as a total small business set-aside.

Proposals will be accepted up to 12:00P.M., Eastern Standard Time on December 5, 2017.

CONTRACTING OFFICE ADDRESS AND POINTS OF CONTACT (POC):

The U.S. Office of Personnel Management Office of Procurement Operations (OPO), 1900 E Street NW Washington DC 20415

PRIMARY

Nathalie Snyder Contract Specialist Phone (202) 570-3306 nathalie.snyder@opm.gov

SECONDARY

Laurie Griffin Contracting Officer Phone (202) 606-2234 Laurie.Griffin@opm.gov

ADDITIONAL INFORMATION:

The selected contractor will be required to provide a space as described in the specifications in section C. Location is TBD in one of the following locations and zip codes:

Event must be held on May 7-11, 2018 or May 21-25, 2018

COMMUNICATIONS AND QUESTIONS:

All communications and questions concerning this solicitation including requests for clarification shall be made in writing to nathalie.snyder@opm.gov. All questions and OPM’s response will be answered and provided to all offerors via posting on www.fbo.gov . Vendors are encouraged to actively monitor said site for updates. Same/similar questions will be grouped together for a single response Responses to questions will not reference the inquiring interested vendor. Questions will be accepted until 12:00PM EST on November 20, 2017 and responses will be provided on the www.fbo.gov site.

For submission of questions and comments, refer to the specific text of this solicitation and use the following header in the email subject line:

Subject: RFP No. 24322618R0004 – Office of Personnel Management (OPM) May 2018 Benefits Training: Hotel, Training Rooms, Multimedia support and other conference related services.

Kindly include a reference in the following format:

RFP Section , Paragraph(s) , Page(s) .

Offerors are solely responsible for ensuring their offer is received at the designated place and time for receipt of offers.

As soon as an offeror is aware of any problem or ambiguity in the specifications, terms or conditions, instructions or evaluation criteria of this solicitation, they must notify the OPM Contracting Officer listed above.

NOTE: Communication with officials other than the POC’s referenced above may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal.

PROPOSAL EVALUATION:

OPM will use FAR Part 12.203 procedures for solicitation, evaluation, and award in conjunction with simplified acquisition procedures under FAR Part 13. OPM will use a best value based approach to select an awardee considering both non-price and price related factors.

The evaluation of proposals will cover these non-price related factors: technical approach and past performance.

The non-price related factors, when combined, are significantly more important than total price. A pricing worksheet (attached to FedBizOpps announcement) shall be completed as part of vendor proposal. Pricing worksheet should be submitted as a separate attachment. Additionally, refer to Section C for additional deliverables.

NON-PRICE FACTORS:

Evaluation of the technical portion of proposals will be conducted by a technical review panel in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Oct 2014) below in the “Non-Price Evaluation Factors”

NON-PRICE RELATED FACTOR ONE: TECHNICAL APPROACH

(a) The offeror shall include in its proposal a discussion of the offeror's proposed technical approach to respond to the requirements in the requirements section of this document. Present clear and convincing evidence of a thorough understanding the scope of work as described in the SOO, and a sound low risk technical approach to accomplishing this work. Include:

· A narrative describing your understanding of this requirement.

· A mere restatement of the requirements defined in Section C will be evaluated less favorably.

· A description of your technical expertise for meeting the requirements of this proposal. Your narrative should include, at a minimum:

· Indicate the initial plan to gain an understanding of OPM’s operation’s needs;

· Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

· Vendor should state which weeks (all, some, one) they have available.

(b) The offeror should describe its capability of meeting the required services as described in the SOO.

(c) OPM will perform a site visit to Offerors who provide complete proposals with all requested materials. The site visit will verify the company’s technical expertise and capabilities in meeting the SOO requirements.

NON-PRICE RELATED FACTOR TWO: PAST PERFORMANCE

This non-price evaluation factor measures the quality of an offeror’s experience in performing projects similar in size, scope and complexity to those described in this solicitation. The relevance of the projects submitted will be an additional consideration under this non-price factor.

The Government will utilize Past Performance questionnaires submitted with the solicitation and other available sources to assess the quality of work performed on relevant projects. Up to three Past Performance questionnaires may be submitted.

The Government may consider the past performance information that it possesses of the offeror, or its team members as described above, on any contracts performed within the past six (6) years. The Government is under no obligation to ensure that an equal number of references are obtained for each offeror.

FACTOR THREE: PRICE:

Offerors shall submit Firm-Fixed Price proposals for prices described in Section B and reflected in the pricing worksheet attachment. Contractors must complete the attached pricing workbook provided in an additional attachment on the www.fbo.gov site. Please provide any additional price related information in the pricing portion of the proposal. Additional information must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work. Offerors are instructed to submit their best and final prices for each line in the price workbook. (Attachment 3)

PROPOSAL PREPARATION INFORMATION:

Proposal information must be provided in two separate volumes, and they are:

1) Technical Information (No more than 7 pages)

a. Technical Approach

b. Past Performance

2) Price related information

a. Pricing workbook

Proposals shall also include the following information in addition to all other necessary information as described elsewhere in this RFP:

1) RFP number.

2) Time specified for receipt of offers.

3) Name, address, telephone number, and email address of offeror.

4) Price for each line item in the requirement given above and any discount terms, including discounts for prompt payment.

5) Prospective contractors must be registered in the System for Award Management (SAM) database before award. Information regarding SAM requirements may be obtained at www.sam.gov.

6) The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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 shall not be considered.

Offers that fail to furnish the required information and representations, or those which reject the terms and conditions of the solicitation will be evaluated less favorably.

If the offeror is proposing subcontractors, proposal responses shall include a Contractor Teaming Arrangement (CTA) between no more than two partners. A copy of the CTA Agreement must be provided in response to this solicitation. The CTA Agreement must contain all of the elements identified below and be in accordance with Federal Acquisition Regulations (FAR) 9.6 Contractor Teaming Arrangements. Specifically, the CTA Agreement shall:

· Identify the Team Lead and no more than one additional Team Member;

· Identify the Team Member who shall be exclusively responsible for performance and successful delivery of all requirements within this solicitation

· Team Lead shall not limit any rights of OPM to work directly with the other Team Member CTA’s which are not in affirmative agreement with the above items are not in conformance with this solicitation and shall be evaluated less favorably.

Subcontracting/CTA/JV is NOT required in order for an offeror to submit a proposal response, and/or be awarded a contract. However, offerors may consider subcontracting/CTA/JV’s that are in accordance with FAR and solicitation requirement stated herein as a means to more fully meet the requirements.

Rules concerning subcontracting: The Government considers the prime offeror and subcontractors as a single entity. Therefore, the prime contractor must demonstrate the capability of performing the required services. Post-award changes shall not be considered.

Rules concerning CTAs: The Government considers team members to be separate entities. Therefore, the team members must demonstrate the capability of providing/performing the required products/services. However, the Team Lead commits to meeting all requirements of this solicitation and the proposed technical response. Post-award changes shall not be considered.

Rules concerning Joint Ventures: A Joint Venture is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a Joint Venture shall submit their agreement. Post-award changes shall not be considered.

SECTION B- SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 General The awarded vendor shall provide all items as defined with Section-C Statement of Objectives (SOO) onsite at their location.

B.2 Purchase Order (PO) Clauses For all commercially applicable clauses please see “Attachment One- Provisions and Clauses” of this combined solicitation/synopsis.

B.3 Contract Line Item Number (CLIN) Complete the “Pricing Workbook” attached in the www.fbo.gov package.

SECTION C- STATEMENT OF OBJECTIVES (SOO)

1. BACKGROUND:

Benefits Officers Training and Development (BOTD), Retirement Services is responsible for developing and providing Federal employees, retirees and their families with benefits programs and services that offer choice, value and quality to help maintain the government's position as a competitive employer.

BOTD of Retirement Services has a need for a single facility within the following zip code to conduct five-day Benefits training which will provide a series of workshops on Retirement, Insurance, Social Security, and Thrift Savings Plan Administration:

Historically, OPM has sponsored multiple training sessions at least once a year to meet the requirements of 5 U.S. C. 8350 (3) which states, “Once each year, each retirement counselor of an agency shall successfully complete training under the (Office of Personnel Management) training program.”

2. SCOPE:

The selected contractor will be required to secure a space to be held on either May 7 - 11, or May 21 - 25, 2018:

The site must have a room (ballroom) that can hold at least 450 attendees and have at least 9 training rooms that can accommodate at least 50 people per room for all days of the training sessions. In addition, whatever site is selected, all rooms must be well lit, well ventilated, free from distracting noise, and handicap accessible.

3. GOVERNMENT FURNISHED MATERIAL/INFORMATION:

Any information necessary to perform the work will be provided to the selected contractor.

4. SUMMARY OF REQUIREMENTS:

The contractor will be required to support OPM in securing a site in accordance with the Competition in Contracting Act of 1984 (CICA) and the Federal Acquisition Regulations (FAR).

4.1. Hotel must be located within the downtown area within the following zip Codes:

4.1.1. The facility must be able to accommodate all meeting space within its facility. The facility must have a ballroom for a general session to be held Monday through Friday to accommodate the entire group of attendees. The room must be able to seat 450 participants classroom seating two chairs per six foot table or three chairs per eight foot table, and must accommodate audiovisual equipment of various forms (refer to section 4.21).

4.2. The facility must have at least nine (9) breakout rooms for all days with space for a speaker’s area and any needed audio visual equipment in each room.

Breakout rooms must accommodate 50 people, crescent rounds, chevron seating or classroom seating two chairs per six foot table or three chairs per eight foot table. Classrooms in the same contiguous area are preferred.

4.3. All rooms for breakout classes must be well lit, well ventilated, free from distracting noise such as noise from traffic or other guests in corridors, and accessible to the handicapped.

4.4. These rooms must comfortably seat the audience in crescent rounds, chevron seating (or other configuration) at tables or individual seating that gives attendees a surface for a notebook and note taking. Chairs with arms are preferred, and must be comfortable for long sessions.

4.5. Rooms equipped with separate controls for heat, air, light and sound are preferred, and they should accommodate overhead projectors and/or computer projection system screens. Laptop audio connection will also be needed in at least two of the breakout rooms.

4.6. The rooms should contain sound control, even if microphones are used, so that other sessions are not disturbed.

4.7. The tables used in the breakout rooms must have cloth covering and be crescent rounds, chevron seating or seat two chairs per six foot table or three chairs per eight foot table.

4.8. The facility must have a lobby or other open area close to the training area for registration and breaks.

4.9. The facility must be willing to make the training site non-smoking during the days that the training is in session.

4.10. The facility must guarantee a block of rooms for overnight accommodations for the participants at the government rate, and the facility must be fully accessible to the handicapped. Further guest room requirements are:

4.10.1. Rooms must have air conditioning, private baths, telephones, TV’s, etc.

4.10.2. Estimated occupancy for attendees, OPM staff, and instructors:

4.10.2.1.1. Sunday & Monday: 400 Rooms

4.10.2.1.2. Tuesday –Thursday: 425 Rooms

4.10.2.1.3. Friday: 250 Rooms

4.10.3. Accommodations for all participants must be at the contracted facility.

4.10.4. If sufficient guestrooms are not available at the facility, the host facility will be responsible for arranging additional rooms of comparable quality and at the same rate.

4.10.5. Preferred that the host facility arrange registration for participants staying in overflow facilities.

4.10.6. If an overflow facility is used, shuttle service must be provided between the contractor’s facility and hotels with overflow guests. If shuttle service is not available, the facility must be within 5 minutes walking distance.

4.11. The facility must be located in an area and be a full service hotel, and be near outside entertainment (restaurant, shopping, movie theaters, etc.).

4.12. The facility must have exhibition space which must be in close proximity to the training area and accommodate approximately 30 exhibitors on Wednesday and Thursday during the event. Booths with an area of 8’ x 10’ must be provided.

4.13. Exhibition space must be conveniently located near the training areas, and be large enough to not only accommodate all booths, but also provide space for a continental breakfast and refreshment breaks to be served each morning on Wednesday and Thursday of the event in the exhibit space.

4.14. The facility must offer easy airport connections to accommodate out-of-town attendees. Direct airport shuttle service is highly desirable.

4.15. Meals

4.15.1. The facility must provide continental breakfast for a minimum of one (1) hour. Each morning’s breakfast must include rolls, danishes, bagels, fresh fruit, cereal, oatmeal, yogurt, boiled eggs, juice, coffee (regular and decaffeinated), and tea.

4.15.2. The facility must provide mid-morning breaks each day for a minimum of thirty (30) minutes. The breaks must include Coffee (regular and decaffeinated) and hot tea and water stations (not bottled) each morning.

4.15.3. The facility must provide an afternoon break each day (Monday through Thursday) for a minimum of thirty (30) minutes. An assortment of beverages; such as, iced tea, lemonade, soda, water (not bottled) and snacks (granola bars, cookies, brownies, etc.) in the afternoon. There must be a different selection each day.

4.15.4. Benefits Training Dinner. OPM will host a dinner on Tuesday evening for all participants and instructors. A ballroom or other room large enough to hold all participants for this meal is needed. NOTE: all meals must be able to accommodate dietary needs of attendees – e.g. low salt, vegetarian, kosher, etc.

4.16. A range of readily-available eating options (within the Government per diem allowance) at the facility or areas adjacent to the facility must be available to accommodate all participants and instructors for lunch (within the 1-hour lunch break) during the training sessions. All participants will be responsible for paying for these meals.

4.17. The facility must have a registration area adjacent to the training rooms to accommodate registration for the training participants.

4.17.1. House telephones must be located at one of the registration tables and a message board must be near the telephones.

4.17.2. The registration area must be large enough to accommodate registration and should be composed of six, six-foot tables in close proximity and up to 2 chairs at each table. The tables must have cloth covering.

4.17.3. The lobby or other open area with informal seating needs to be available where training attendees can meet informally for networking before or after training sessions.

4.18. The area must include proper wiring for a computer, printer, and any other office equipment needed for registration.

4.19. Rooms for OPM staff use are required as follows:

4.19.1. Staff Office – a room with outside phone line which can be used to make local as well as long distance calls. The room must include proper wiring for computers, printers, and any other office equipment. The room must also have internet connection for use during the entire week.

4.19.2. Storage room – a room large enough to accommodate 100-150 boxes of training materials and supplies. This room should be available four (4) calendar days prior to the opening of the training for receipt and storage of the materials. If the boxes are not stored in the storage room, the boxes must be delivered to the storage room on the Saturday prior to the event. Please indicate if there will be a fee to move these boxes to OPM’s designated storage area

4.20. Equipment needs for each training room:

4.20.1.1. Speaker table with up to 2 chairs

4.20.1.2. Podium with microphone stand

4.20.1.3. Projector Screen

4.20.1.4. Table large enough to accommodate an LCD Projector and a Laptop.

4.20.1.5. Power strip with long enough cord to reach socket to table

4.20.1.6. Flip charts with easels and markers

4.20.1.7. Easel to be placed outside each room for signage

4.20.1.8. Two Wireless Lapel Microphones

4.20.1.9. Internet access for all rooms

4.20.1.10. Table with chair in the back of the room for a Monitor

4.20.1.11. Handheld microphone for 2 of the training rooms (in addition to the lapel microphones).

4.20.1.12. Laptop audio connection, ability to play laptop audio through speakers.

4.21. Equipment needs for ballroom:

4.21.1.1. Riser for the Tuesday night dinner

4.21.1.2. Podium with microphone stand

4.21.1.3. Two projector screens located for audience viewing

4.21.1.4. Table large enough to accommodate LCD projectors and a laptop.

4.21.1.5. Power strip with long enough cord to reach socket to table

4.21.1.6. One Wireless Lapel Microphones

4.21.1.7. Two wireless microphones that will roam the ballroom

4.21.1.8. Laptop audio connection. Ability to play laptop audio through speakers.

4.21.1.9. Internet access

4.21.1.10. Easel to be placed outside the ballroom

4.21.1.11. Projectors for displaying in the ballroom

4.22. All services and equipment shall be functional.

4.22.1. Any peripheral equipment used to render services and equipment shall be included.

4.22.2. Any labor and setup costs associated with services and equipment shall be included.

4.23. Parking must be available for attendees and OPM staff. Preference is for free parking or at a minimum reduced rate parking.

4.24 Site visits will be conducted before a final decision is made

5.0 DELIVERABLES:

The contractor will host a successful 2018 Benefits Training program as a result of the requirements stated in the Statement of Objectives. Rendering of the services must occur before June 1, 2018 and include the following:

6. QUALITY ASSURANCE SURVEILLANCE PLAN:

Note: the following Quality Assurance Surveillance Plan (QASP) is OPM’s codification of its method of implementing FAR 37.601, which requires that performance-based contracts or task orders-

a) Describe the requirements in terms of results required rather than the methods of performance of the work;

b) Use measurable performance standards (i.e., in terms of quality, timeliness, quantity, etc.) and quality assurance surveillance plans;

c) Specify procedures for reductions of fee or for reductions to the price of a fixed-price contract when services are not performed or do not meet contract requirements; and

d) Include performance incentives where appropriate.

Offerors must complete the QASP as part of their proposal. A description of the columns and information to be entered follows below.

We will use the information provided as part of our evaluation of your offer.

(1) Deliverable: One of the deliverables described in the “Deliverables” section above.

(2) Performance Standard: The level of performance which the Government considers acceptable. A good performance standard in general should:

· Measure important things;

· Be simple, but not too simple;

· Be auditable and capable of validation (quantifiable measures preferred, as they are less subjective);

· Attainable and worth the cost;

· Have a level of detail that corresponds to the intent of the stated measure and expectation;

· Be consistently combined with other measures to reflect corporate priorities; and

· Be controlled by the contractor.

(3) Acceptable Quality Level: The range of deviation—if any—in which the Government will consider performance to be acceptable. Each offeror must propose an Acceptable Quality Level (AQL) for each performance standard for each deliverable. If the selected offeror fails to achieve stated AQLs, OPM will reduce the offeror’s payment for the services rendered in accordance with the disincentive formula. You must enter the AQLs for each deliverable in the Performance Requirements Summary Template for each deliverable that has a performance standard.

(b) In general, we prefer monitoring methods that automatically capture measurements as part of the process and do not place a burden on either the offeror or OPM to collect and analyze data.

Performance Requirement Summary Template

5.1 Overnight Accommodations

Positive/Negative Evaluation

5.2 Meeting Space

Positive/Negative Evaluation

5.3 Audio Visual Equipment

Positive/Negative Evaluation

5.4 Meals

Positive/Negative Evaluation

ATTACHMENT ONE- PROVISIONS AND CLAUSES

Solicitation Provisions:

1. FAR 52.212-1 Instructions to Offerors—Commercial Items (Jan 2017) is incorporated by reference.

2. FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

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:

NON-PRICE RELATED FACTOR ONE: TECHNICAL APPROACH

NON-PRICE RELATED FACTOR TWO: PAST PERFORMANCE

PRICE

Non-Price Related Factors are listed in descending order of importance and, when combined, are significantly more important than price.

(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)

3. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JAN 2017) The offeror must complete this provision. If the offeror has already completed annual representations and certifications at https://www.sam.gov , then only paragraph (b) of this provision needs to be filled out. If the offeror has not completed annual representations and certifications, then paragraphs (c) through (u) of this provision must be filled out.

4. FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) is incorporated by reference.

Contract Clauses:

1. FAR 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) is incorporated by reference.

2. FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) is incorporated by reference.

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

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

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

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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).

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

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

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

___ (5) [Reserved] _X_ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

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

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

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

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

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

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

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

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

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

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

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

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

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

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

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

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

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

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

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

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

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

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

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

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

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

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

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

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

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

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

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

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

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

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

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

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

4. FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) is incorporated by reference.

5. FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

6. OPM-Specific Clauses:

1752.224-70 Definition of Terms (Dec 2015)

The following definitions apply to this contract:

1. Information: This term is synonymous with the term Data. Both terms refer to single or multiple instances of any recorded or communicated fact or opinion being stored or transferred in any digital or analog format or medium.

1. Controlled Unclassified Information (CUI): This term refers to that sub-category of Information where the loss, misuse, or unauthorized access or modification could adversely affect the national interest or the conduct of federal programs, or the privacy to which individuals are entitled under 5 USC Section 552a (the Privacy Act) that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

1. Personally Identifiable Information (PII): This term refers to that sub-category of CUI that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.

1. Information System: This term refers to a system composed of people and equipment that processes or interprets Information.

1. Information Technology (IT) System: This term refers to that sub-category of Information System composed of hardware, software, data, and networks that processes or interprets Information.

1. Information Security Incident (ISI): This term refers to any event that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of any Contractor or Government Information or Information Systems.

1. Record:

6. For the purpose of Records Management, this term refers to all recorded Information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transactions of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the US Government or because of the informational value of the data in them.

6. For the purpose of the Privacy Act, this term refers to any item, collection, or grouping of Information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, or criminal or employment history, and that contains the person's name, or the identifying number, symbol, or other identifier assigned to the individual, such as a fingerprint, voiceprint, or a photograph.

1. System of Records on individuals: This term refers to a group of any Records from which Information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual.

1. Operation of a System of Records: This term refers to the performance of any of the activities associated with maintaining the System of Records, including the collection, use, and dissemination of Records.

1. Privileged User: This term refers to a user that is assigned an organization-defined privileged role that allows that individual to perform certain security-relevant functions that ordinary users are not authorized to perform. These privileged roles include, but are not limited to, IT system development, key management, account management, network and system administration, database administration, and web administration.

(End of Clause)

1752.224-73 Protecting Information (Dec 2015)

1. Applicability

1. This clause applies to the Contractor, its subcontractors and teaming partners, and employees (hereafter referred to collectively as “Contractor”).

1. These requirements are…