RFP_24322619R0010__Systems_Production_and_Customer_Support.pdf

COMBINED SYNOPSIS/SOLICITATION

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

Solicitation 24322619R0010 is issued as a Request for Proposal (RFP).

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-02 effective May 6, 2019. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/browse/index/far.

This Solicitation is set-aside for 8(a) contractors. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 Other Computer Related Services and the size standard is $27.5M.

Due Date: All offers shall be submitted by 11:00 am Eastern time August 20, 2019 to Scott Amos at scott.amos@opm.gov. Facsimile are not authorized under this announcement.

Please see Attachment 7 – Pricing Worksheet for the list of contract line item numbers (CLINs), labor categories, and number of hours (including all option periods).

Description: The Office of Personnel Management (OPM) Human Resources Information Technology Program Management Office (HRSITPMO) has a requirement for a contractor to provide all labor and supervision to perform Support Systems Production and Customer Support Services located at Macon, Georgia. All work shall be completed in accordance with the Performance Work Statement (PWS). The PWS is included as Attachment 1 to this solicitation.

The Period of Performance is anticipated to be five years consisting of a one-year base period and four one-year option periods, commencing one week after date of award.

Service Contract Labor Standards: Wage Determination No. WD 2015-4505 Revision Number 12 was first posted on www.wdol.gov on 04/25/2019, applies to this acquisition and will be incorporated into the resulting contract (Attachment 3). Roles that are considered service employees subject to Fair Labor Standards Act (FLSA) are; Help Desk/Computer/Data Entry Operator, Journeyman Help Desk/Computer/Data Entry Operator, Senior Help Desk/Computer/Data Entry Operator, and Lead Help Desk/Computer/Data Entry Operator. The contractor shall identify the Wage Category in their offer.

Questions. Submit technical questions to the Contract Specialist in writing, via email to Scott Amos at scott.amos@opm.gov on or before 11:00 am Eastern time on August 6, 2019. Telephonic (verbal) questions Will Not be addressed. All responses to questions, which may affect offers, will be incorporated into a written amendment to the RFP.

The following Federal Acquisition Regulation (FAR) and OPM Specific Provisions and Clauses apply to this acquisition:

PROVISIONS AND INSTRUCTIONS TO OFFERORS

Addenda to 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018) applies to this acquisition.

PROPOSAL SUBMISSION

Offerors must submit an electronic copy of its proposal(s) in PDF and MS Excel Formats via e-mail to scott.amos@opm.gov on or before 11:00 am Eastern time on August 20, 2019. All proposals shall include one (1) separate copy of each of the items listed below. Submission of a proposal that does not contain all items requested below may result in elimination from consideration of award. Offerors must submit each item of proposal in a separate electronic attachment clearly identified as described below.

Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

VOLUME 1: General Information.

Cover Page: The offeror shall submit a one page Cover Letter with the following information:

1) Offeror’s Dun & Bradstreet (DUNS) number;

2) The name, address, telephone and e-mail address of the offeror;

3) Socio-Economic status (e.g., Service Disabled Veteran Owned Small Business, 8(a) Business, Woman-Owned Small Business, HUBZone Business, Small Disadvantaged Business, Small Business, or Large Business)

4) A statement specifying agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are proposed at the price set opposite each item;

5) Name, title, contact information, and signature of person authorized to sign the proposal.

6) Verification of compliance with FAR 52.222-35, 52.222.37, or 52.222-38. Verification shall be in the form of information from Veterans Employment & Training Services (VETS) 4212 Service Desk.

Small Business Administration (SBA) 8(a) Status: The offeror shall submit SBA-issued verification of its current eligible status under the Section 8(a) program. An awardee must also maintain eligibility through the date of award or the start date of performance, whichever comes last.

Evaluation Matrix: The offer shall submit an evaluation matrix (Attachment 4) that contains the proposal section and number of page for the corresponding evaluation factor.

Amendments: Signed acknowledgements of amendments (SF30). Applicable only if any amendments are issued against this solicitation.

Contractor Team Arrangement (CTA): Where contractor team arrangements are proposed, the Contractor must provide a copy of the CTA plan as part of the proposal. The CTA plan must clearly detail the distribution of effort (by type and percentage) between the parties in performance of the Government’s requirement. CTAs which are not in affirmative agreement with the above items are not in conformance with this solicitation and shall not be considered for award.

VOLUME 2: Technical Approach.

Technical Approach – 15 Page Limitation: The proposal shall include a detailed narrative describing the Offeror’s technical approach and methodology for completing all requirements of the Performance Work Statement (PWS).The submitted Technical Approach will be used to evaluate the proposal in accordance with the Evaluation Methodology described in 52.212-2 Evaluation – Commercial Items. The technical volume should be written so that management and technically oriented personnel can make a thorough evaluation and arrive at a sound determination as to whether the proposal meets the requirements of this solicitation. To this end, the technical approach shall be so specific, detailed and complete as to clearly and fully demonstrate the Offeror’s capability to perform the technical requirements of this solicitation. General paraphrasing of the PWS is considered inadequate. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation against the stated technical criteria. Statements such as "the offeror understands," "will comply with the Performance Work Statement," "standard procedures will be employed," "well known techniques will be used" and general paraphrasing of the PWS are considered inadequate.

The technical approach shall not contain any reference to cost or price; however, any information of interest to technical reviewers such as labor allocations, labor categories, onsite versus offsite performance, travel, materials, equipment, etc., if applicable, shall be contained in the technical volume in sufficient detail so that the proposal may be adequately evaluated with respect to these items. The proposal shall be page numbered, contain a table of contents (not included in page limitation), be organized in the order specified for factors below, and shall address in detail the information identified below. The technical approach volume of the proposal should include, at a minimum:

Resources/Staffing Plan: The proposal shall include information on Offeror’s plan to provide the overall staffing resources needed to perform the work described in the PWS. The Offeror shall also discuss its plan to engage in full performance of the contract once the firm receives notice of award.

Transition Plan: The proposal shall incorporate a draft transition plan that at a minimum reflects a full understanding and accommodation for the conditions outlined in Section 3.0 Transition Plan of the PWS.

Key Personnel: The proposal shall include a resume for each "Key Personnel" labor category specified in paragraph 6.1.4 of the PWS. Key personnel resumes do not count towards Technical Approach page limitation.

Resumes shall contain the following:

1. Labor Category

2. Name

3. Current Employer

4. Education/Experience (list any diplomas and/or degrees, institution, year obtained)

5. Level of Current Security Clearance

6. Work Experience: Directly Related or similar work experience (list each relevant job title, the inclusive dates of employment (month/year), the employer, and a brief synopsis for each job listed on how this experience is directly related to the PWS.

Resume Length: Maximum of two pages (letters of intent are not included in the two page Limit for Resumes).

A signed “letter of intent” to accept an offer of employment shall be submitted for all proposed key personnel who are not currently employed by the offeror or a proposed Subcontractor. Only contingency hires with a signed “letters of intent” to formalize an offer of employment will be considered in the evaluation. For follow-on efforts where the offeror is not the current Blanket Purchase Agreement (BPA) holder, a proposed plan to hire the current BPA holder personnel is not acceptable without “letters of intent.”

Non-Key Personnel – The proposed non-key personnel shall meet the prescribed minimum requirements for each category. Proposals not stating an affirmative agreement with the above items are not in conformance with this solicitation and shall not be considered for award. Resumes are not required for non-key personnel.

Contractor Team Arrangements: The Proposal shall discuss the use of proposed teaming [Subcontractors/Joint Venture (JV)]. The Proposal shall clearly describe the basis for subcontracting the work and/or partnering, the process in the management and use of subcontractors and the responsibility and work involvement of each party. Subcontractors should be accounted for consistently in both the Price and Technical Volumes.

VOLUME 3: Past Performance.

Past Performance – 3 Page Limitation for Each Project Submittal: The Offeror shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under projects (currently being performed or performed within the past three years at time of RFP close date) that is of a similar or directly related scope, magnitude and complexity to that which is described in the solicitation and as defined below. The Government will consider the quality of the contractor’s relevant past performance. Information provided in response to this factor will assist the Government in determining the degree of risk associated with award of this project to the contractor in question based on its past and present relevant performance on other projects.

In the case of teaming (subcontracting/JV), the information provided in response to this factor will also assist the Government in assessing the risk associated with the division of work among the members of the team. The government will assess “relevance” by considering the extent to which submitted past projects demonstrate:

1. Experience with Records Management

2. Experience with Help Desk/Call Center Support

The contractor/Team Lead of a JV shall submit a maximum of three (3) projects for evaluation. Each project will have a Past Project Form attached as the cover page (Attachment 5). Past project forms will not count towards page limitations. Where a subcontractor/JV agreement is proposed, an additional maximum of two (2) projects for the subcontractor/Team Member/other partner shall be submitted. The Government reserves the right to obtain information for use in the evaluation of past performance from sources other than those identified by the contractor to upgrade or downgrade the Past Performance rating. An evaluation of relevance will be done for no more than three (3) projects submitted by the prime contractor/Team Lead of a JV and for no more than two (2) projects submitted for a subcontractor/Team Member/other partner. The prime contractor/Team Lead of a JV is therefore cautioned to submit only its three (3) most relevant efforts and is cautioned to submit only the two (2) most relevant efforts of its subcontractor/Team Member/other partner. If the prime contractor/Team Lead of a JV submits more than three (3) projects or its sub-contractor/Team Member/other partner submits more than two (2) for consideration, only three (3) per prime/Team Lead of a JV and (2) per sub-contractor/Team Member/other partner entities will be reviewed. The projects reviewed for each entity will be the three (3) for prime/Team Lead of a JV and first (2) for subcontractor/Team Member/other partner as displayed within the quotation response from front to back. Offerors are additionally required to send a Past Performance Questionnaire form (Attachment 6) to each of the past performance references provided above. These customers must complete the questionnaires and directly email them to the Contract Specialist at: scott.amos@opm.gov no later than 11:00 am Eastern time on August 13, 2019. Offerors are responsible for coordinating with referenced customers to ensure that completed past performance questionnaires are submitted to the Contract Specialist no later than the above referenced date/time.

The Government will determine the relevance of a past performance project/contract by comparing it to the subject RFP across scope, magnitude and complexity.

VOLUME 4: Price – No Page Limitation.

Offerors must use the pricing schedule worksheet (Attachment 7, MS Excel format) found within the solicitation to submit labor rates, full time equivalent employee hours, and the extended cost (i.e. Rate x Total Hours) for every labor category and function/title quoted under each potential performance period (base and each option period). Offerors shall fill in the hourly rate found in column E for CLIN 00001 HRSITPMO Systems Production and Customer Support Firm-Fixed Price (FFP) (cell blocks E6, E7, E8, and E9) and CLIN 00002 - HRSITPMO Systems Production and Customer Support Labor Hour (LH) (cell blocks E17, E18, E19 and E20). Offerors shall fill in the corresponding Option period tabs, following the same instructions as above. The base period and option periods self-calculate the monthly unit price and the Total Evaluated Price (TEP). The total extended price and total monthly price must equal the whole dollar unit price multiplied by the number of units. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Offerors that submit partial pricing information shall be ineligible for award. The labor rate prevails if a discrepancy exists between the rate and the extended price. Offerors may also submit a supporting price data volume in Adobe PDF format.

In the event the Offeror’s proposed labor categories do not match the suggested labor categories provided in the Labor Category Descriptions (included as part of the attached pricing schedule worksheet) the Offeror shall provide a crosswalk which maps the suggested labor categories to the corresponding proposed labor categories. The Offeror’s proposed labor hour rates and associated price shall be inclusive of all contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the services described in the PWS and the Offeror’s technical quotation.

BASIS FOR AWARD

This acquisition is being conducted in accordance with FAR 12 and 15.3. OPM will evaluate the proposals to determine the best value to the government. The contract resulting from this solicitation will be awarded to that responsible Offeror whose proposal, conforming to the solicitation, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Offerors are informed that the Government does not intend to conduct discussion as part of the evaluation and selection process. However, the Government does reserve the right to conduct discussion if it is determined by the Government’s Source Selection Authority to be in the best interests of the Government to do so. Therefore, offerors are cautioned to provide all the information required and requested by the solicitation at the time of its initial proposal submission.

The Government will utilize the Tradeoff Source Selection Process. This process allows for a tradeoff between non-price factors and cost/price, and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best value contract award.

The basis for award of a contract as a result of this solicitation will be an integrated assessment by the Contracting Officer of the results of the evaluation based on the evaluation factors and their importance as indicated below. The integrated assessment will include consideration of the strengths and weaknesses of the proposals. Ultimately, the source selection decision will take into account the Offeror’s capability to meet the requirements of this solicitation on a timely and cost effective basis. The Government reserves such right of flexibility in conducting the evaluation as is necessary to assure placement of a contract in the Government's best interest. Accordingly, the Government may award to other than the lowest priced offeror, or other than the Offeror with the highest evaluation rating.

(End of Provision)

11. 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

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:

Factor 1 Technical Approach Factor 2 Past Performance

Factor 3 Price Factor 4 Contractor Team Arrangements

All evaluation factors, other than price, when combined are consider significantly more important than price. In the non-price factors Technical Approach is more important that Past Performance. However, when the non-cost/price factors are rated more equally between Offerors, cost/price becomes more of a deciding factor in making the best value determination.

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).

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.

Consensus Meeting: A Technical Evaluation Team (TET) will be formed. After individual evaluators review the Technical Volumes for each Offeror, an evaluation team Chair will convene a meeting(s) of the TET members to reach a consensus on the ratings and findings of each offeror in accordance with the stated Evaluation Factors. A consensus does not mean a majority, although it could.

The TET Chair shall lead the consensus meeting. The individual evaluators may make notes during their reading. The notes do not become part of the contract file. During the meeting, the TET shall document its technical ratings and findings for each proposal.

Consensus-only Evaluation Documentation: The TET shall provide a Consensus Memo document which includes the ratings and rationale for the ratings for each proposal received in response to this solicitation, for each evaluation factor.

Technical Approach (Factor 1)

The table below shows the ratings the Government will assign in its evaluation of Factor 1 - Technical Approach.

Adjectival Rating Description Highly Acceptable Quote meets and exceeds the requirements for an acceptable rating; a high probability of success in contract performance is demonstrated through some or all of the following: (1) the Quote exceeds the solicitation requirements; (2) the Quote offers innovations and/or creative approaches that are beneficial to the Government; (3) the Quote demonstrates a superior understanding of the solicitation requirements and/or; (4) the level of performance risk associated with the Quote is substantially less than the level expected from a competent Contractor.

Acceptable Quote meets all the requirements of the solicitation with no deficiencies or affirmative exceptions to the solicitation requirements. A good probability of success in contract performance is demonstrated as follows: (1) the Quote reflects a satisfactory understanding of the solicitation requirements; and (2) the level of performance risk associated with the quote is no more than the level expected from a competent Contractor.

(A “deficiency” is a material failure of a Quote to meet a solicitation requirement or a combination of significant weaknesses in a Quote that increases the risk of unsuccessful contract performance to an unacceptable level. A “significant weakness” in the Quote is a flaw that appreciably increases the risk of unsuccessful contract performance.)

Unacceptable Quote fails to meet requirements of the solicitation to the extent that one or more of the following conditions exists: (1) the Quote contains deficiencies and/or affirmative exceptions to the solicitation requirements that are so substantial that they could not be corrected (i.e., the revisions required to make the Quote acceptable would be tantamount to an entirely new quotation); (2) the Quote demonstrates a general lack of understanding of the solicitation requirements and/or; (3) the level of performance risk associated with the Quote is so significant that it is unlikely the Quote would result in satisfactory contract performance.

The Government will evaluate the Technical Approach in accordance with the Evaluation Methodology described in 52.212-2. Under this factor, the government shall evaluate the following:

Resources/Staffing Plan– Staffing resources will be evaluated in terms of the Offeror’s ability to provide the overall staffing resources needed to perform the requirements, and the ability to engage in full performance of the contract once the firm receives notice of award.

Transition Plan – Transition Plan will be evaluated on whether it demonstrates a full understanding and accommodation for the conditions outlined in Section 3.0 Transition Plan of the PWS.

Key Personnel – The Government will evaluate the Key Personnel submitted by each Offeror by comparing the education, skills and experience of proposed personnel against the qualifications indicated in Section 6.1.4 of the PWS.

Contractor Team Arrangements: Use of subcontractors/JV will be evaluated on whether there is a sound basis for teaming (subcontracting/JV) the work, and determining the involvement of their proposed Subcontractor(s), and whether their management plan demonstrates a clear process in the management and use of Subcontractors in accomplishing the required tasks. Offerors are advised that technical volumes may be evaluated without consideration of any proposed Subcontractor which is deemed to have an organizational conflict of interest.

Past Performance (Factor 2)

The table below shows the ratings the Government will assign in its evaluation of Factor 2 - Past Performance:

Past Performance Relevancy Ratings Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessments

Rating Description

Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Past Performance – The Government shall review the past performance and integrity information available in the Federal Awardee Performance and Integrity Information System (FAPIIS), including FAPIIS information from the System for Award Management (SAM) Exclusions and the Contractor Performance Assessment Reporting System (CPARS). In addition, The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources.

Price (Factor 3)

The contracting officer has determined there is a high probability of adequate price competition in this commercial acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.403-3 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; Offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

Price to the Government is an Offeror’s TEP, for the base and all option periods. This evaluated price will be used in making an award recommendation. The Government will evaluate proposals for award purposes by adding the total evaluated price for the total period of performance including options.

The Offeror’s Price Proposals will be evaluated for reasonableness. Adequate price competition is expected to support the determination of reasonableness. The price evaluation team will evaluate each Offeror’s proposal to determine whether the proposal complies with the instructions/requirements of the RFP and if the price is reasonable.

Price analysis techniques may be utilized to further validate price reasonableness. A total evaluated price will be calculated for evaluation purposes only and used to assist in determining the best value to the Government. The total evaluated price shall include all costs associated with providing the final items and/or services to the Government. This evaluated price will be used in making an award recommendation. Therefore, any inconsistency, whether real or apparent, between the technical volume and price volume should be explained in the supporting price data volume.

Price may be evaluated to determine if it:

realistic for the work to be performed;

reflects a clear understanding of the contract requirements; and inclusive of all services requested.

(End of Provision)

52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.

52.212-3 Offeror Representations and Certifications-Commercial Items, applies to this acquisition and shall have active System for Award Management (SAM) Record Status located at https://sam.gov/SAM/pages/public/index.jsf.

FAR and OPM Specific Provisions

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far.

By Reference:

52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (July 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)

52.217-5 -- Evaluation of Options (Jul 1990)

By Full Text:

52.204-20 – Predecessor of Offeror (July 2016)

(a) Definitions. As used in this provision--

“Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that—

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

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.233-70 OPM Protest Procedures (January 2017)

(a) An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed.

(b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of Contracts at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of Contracts is:

Elijah Anderson Director of Contracts, Office of Procurement Operations U.S. Office of Personnel Management 1900 E Street N.W., Room 1342 Washington, DC 20415

(c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO.

FAR and OPM Specific Clauses

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far.

By Reference:

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.212-4 -- Contract Terms and Conditions -- Commercial Items Alternate I (Oct 2018) 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.237-3 -- Continuity of Services (Jan 1991)

By Full Text:

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (May 2019)

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

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

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

_X_ (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]

___ (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 (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)).

_X__ (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).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

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

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 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.

_X_ (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).

_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 (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).

_X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

___ (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)).

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

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

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

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

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

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

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

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

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

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

_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. 13696).

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

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

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (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:

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

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (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).

_X_ (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).

_X_ (8)…