273FCC20R0011 - Request for Proposal - Economic Advisory Services.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

OEA2000022

5. SOLICITATION NUMBER

273FCC20R0011

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/11/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Nereyda Dunn

b. TELEPHONE NUMBER (No collect calls)

(202) 418-7963

8. OFFER DUE DATE / LOCAL TIME

CODE CPC

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY Federal Communications Commission 445 12th Street, SW Room 1-A761 Washington, DC 20554

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Dunn, Nereyda 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 FAR) 53.21.2

FCC : : FCC

FCC : : FCC

Document Number: 273FCC20R0011 Page 1 of 29

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 273FCC20R0011 Page 2 of 29

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Contract Clauses

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) Evaluation Criteria Laws, Rules, Regulations and Policies Applicable to the Contractor Local 6, 7, 8, 9, 10, 12, 16, 16 Alt I, 16 Alt II, 23, 24 LOCAL-1 Security Requirements Suitability and Security Processing LOCAL-3 Post-Award Evaluation of Contractor Performance LOCAL-4 Contracting Officer's Representative (COR) LOCAL-5 Invoicing Instructions (MAR 2019) LOCAL-11 Key Personnel (JUL 2019) LOCAL-14 Hold Harmless and Indemnity Agreement (JUL 2019) LOCAL-19 Representation as to Certain Standing Appropriations Restrictions Applicable to the Federal Communications Commission (JUL 2019) LOCAL-21 Section 503 of the Rehabilitation Act (JUL 2019) LOCAL-26 Local 26 \\\\\– Reporting on Breaches of Personally Identifiable Information (PII) (April 2019) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2020)

Document Number: 273FCC20R0011 Page 3 of 29

Section 1 - Continuation Sheet

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Senior Economic Advisor 12.000000 MO

Period of Performance: 09/14/2020 - 09/13/2021

Description:

This is a Firm Fixed Price CLIN.

All work is to be performed in accordance with the attached Statement of Work.

Reference Line: OEA2000022 - 0001

Pricing Options: Base

0002 Travel 1.000000 NTE

Period of Performance: 09/14/2020 - 09/13/2021

Description:

All travel must be in accordance with Federal Travel Regulations (FTR). All travel must be approved by the COR prior to travel.

This is a Time and Materials CLIN. The ceiling price represents the FCC's maximum potential financial liability under this CLIN. All work performed beyond the ceiling price is at the contractor's own financial risk.

Reference Line: OEA2000022 - 0002

Pricing Options: Base

Section 2 - Contract Clauses

52.212-1 Instructions to Offerors-Commercial Items (Jun 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a con-cern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employ-ees.

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

Document Number: 273FCC20R0011 Page 4 of 29

(9) Acknowledgment of Solicitation Amendments;

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

and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by spe-

Document Number: 273FCC20R0011 Page 5 of 29 cific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of spe-cifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

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

(k) [Reserved].

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

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

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

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

(4) A summary of the rationale for award;

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

Document Number: 273FCC20R0011 Page 6 of 29

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

(End of provision)

1. PROPOSAL SUBMISSION - Send quotes via email to Contracting Officer at: Sunny.Diemert@fcc.gov and Nereyda.Dunn@fcc.gov by 08/25/2020 10AM ET.

Include “FCC RFP 273FCC20R0011 – Proposal – Senior Economic Advisor" in the subject line of the email.

Acknowledge the solicitation by completing blocks 30a and 30c and signing block 30b of the SF1449. All proposals, questions, and correspondence shall be submitted no later than the proposal due date stated in block 8 of the SF 1449.

2. QUESTIONS – Submit any questions or comments via email to Contracting Officer at: Sunny.Diemert@fcc.gov and Nereyda.Dunn@fcc.gov 08/14/2020 10AM ET.

Include “FCC RFP 273FCC20R0011 – Questions – Senior Economic Advisor " in the subject line of the e-mail. Please identify the page and section of the solicitation to which your question refers.

3. SOLICITATION/CONTRACT (SF1449) AND AMENDMENTS (SF30) - Complete blocks 12, 17a, 17b, 30a, 30b, and 30c of the SF 1449. In doing so, the Contractor accedes to the contract terms and conditions as written in the RFP.

Submit page 1 of the SF1449 with the signature of a corporate officer authorized to negotiate for the company in Block 30a, 30b and 30c and acknowledgment of any and all amendments, (SF 30) with signature in Block 15B. The Government may reject any proposal which fails to do so.

4. FORMAT AND CONTENT - Use Times New Roman 12 point font, single spaced type with one inch margins. Include the follow-ing information in order to verify credentials:

a. Cover Letter or First Page - Restrict the following information to the cover page or first page of the submitted proposal. The com-pany logo can be included in the header of each page as necessary, if applicable.

1. Company name

2. Company logo or other identify graphic

3. Company mailing address

4. CAGE code and DUNS number

5. Name and contact information for company official with authority to obligate the company.

6. Solicitation Number

7. Must state the validity of the proposal from the time of the due date, no less than 90 days.

b. Introduction showing Corporate Capabilities and overall approach to the SOW.

Teaming Arrangements/Subcontractors the Contractor shall provide, if applicable, with a summary describing the Teaming Arrange-ments/Subcontractors established for the purpose of responding to this Solicitation and a document defining the legal agreement that exists among the parties.

Representations and Certifications, FAR 52.212-3 - Contractors shall submit one completed copy of all representations and certifica-tions. If the Contractor has completed the Online Representations and Certifications at the System for Award Management (SAM) ht-tps://www.sam.gov/portal/public/SAM , submit an electronic printout of the Representations and Certifications.

c. Neutrality Offers must submit a certificate signed by a Chief Executive Officer or President that explicitly certifies the offeror meets each re-quirement of the Commission’s neutrality requirements in Commission rule 52.12, 47 C.F.R. §52.12.

Evaluation Criteria

ORDER PLACEMENT AND BEST VALUE TRADEOFF

The Contract will be placed with a single offeror whose acceptable proposal (Economic Advisory Service and Price considered togeth-

er) provide the greatest overall benefit to the FCC in response to the solicitation, considering the price and non-price factors identified in the solicitation. Best value is recommended, but the FCC may place the task order with other than the highest technically rated or lowest priced offeror. As the technical proposals approach equality in technical merit as judged by the non-price evaluation factors, price becomes more important in the tradeoff analysis. As the price proposals approach equality as judged under the price evaluation factor, technical merit becomes even more important in the tradeoff analysis. In conducting the tradeoff to determine which proposal provides the greatest overall benefit to the FCC, FCC will consider proposal and offeror attributes, judging the strengths and weak-nesses associated with each proposal and the prices offered under the evaluation factors identified in the solicitation. Among other things, these strengths and weaknesses may include: meritorious aspects of an offeror’s proposal that exceed the requirements or ap-proach the requirements in a way beneficial to the Government (either as expressly included in the offer or inherent to the offeror’s

Document Number: 273FCC20R0011 Page 7 of 29 process); and flaws in the offeror’s proposal that increase the risk of unsuccessful or inefficient performance of the task order, includ-ing increased cost, degraded performance, extended or disrupted schedule, or required additional Government oversight.

EVALUATION FACTORS

Any proposals received in repsonse to the subject solicitation will be evaluated with reference to the evaluation factors identified in the solicitation and in accordance with the instructions contained in this evaluation plan.

The significant evaluation factors for this solicitation are:

Factor 1: Economic Advisory Service Capability

Factor 2: Past Performance

Factor 3: Price/Cost

The factors are stated in descending order of importance. Factors 1 and 2 are appreciably more important than Factor 3.

All evaluation factors other than price/cost, when combined, are significantly more important than price/cost.

Factors 1 -3 are described in below. While each factor described below will be principally evaluated by reference to a proposal volume or section on the same topic, the Government may also consider other related or interdependent proposal material in other volumes of sections. The overall objective of the evaluation of these factors is for the Government to ascertain the extent to which it can receive from the Offeror timely, high quality, consistently reliable, and successful work as set forth in the SOW.

Factor 1: Economic Expertise The Commission will evaluate the merits of the Offeror’s ability to provide high-quality economic analysis and advice on relevant is-sues before the FCC:

1. Ability to provide FCC leadership and management at all levels with understanding, analysis, and high-quality advice and re-commendations related to economic issues before the FCC.

2. Ability to contribute insights and expertise on the following issues as they relate to the FCC and its work: antitrust and competi-tion analysis of telecommunications markets, economic analysis of fixed and mobile services, economic analysis of broadband markets, and policies to promote universal service, investment and innovation in telecommunications markets.

3. Ability to anticipate potential market problem areas in the analysis and development of policies to regulate telecommunications markets, and demonstrate creativity and feasibility in developing solutions to such market problems.

4. Ability to mentor FCC economists in their development of relevant economic research, both in terms of idea generation and completion of white papers that build understanding of the industries and markets regulated by the FCC.

Personnel Qualifications

1. The quality and depth of experience of the Offeror in working on similar types of analyses, and in providing high-quality re-search that addresses issues related to telecommunication markets.

2. Appropriate mix and balance of theoretical (e.g. classroom) and practical (e.g. consulting, or applied research) experience.

Organizational Experience

1. Evidence that the Offeror has current capabilities to assure performance of the types and quality of analyses indicated above.

2. Evidence that the Offeror has the capability to analyze and provide recommendations in the areas of antitrust and competition analysis of telecommunications markets, economic analysis of fixed and mobile services, economic analysis of broadband mar-kets, and policies to promote universal service, investment and innovation in telecommunications markets.

3. Demonstrated experience developing economic analyses to support senior executives in their decision-making processes.

Factor 2: Past Performance

The Government will evaluate the Offeror’s past performance within the last ten (10) years to determine the quality of that perform-ance and the extent to which it is predictive of success on the current requirements. In this regard, the evaluation will consider the de-gree to which that performance involves the same or similar work and subject matter as the current effort, in terms of the nature of the work, its scope, and its complexity program confidence. The Government will consider the Offeror’s record of performance involving capabilities listed in Factor 1, above; the Offeror’s record of conforming to contract requirements and to providing economic analysis and advisory services that meet the highest standards of quality; the Offeror’s record of meeting performance objectives within estab-lished contract budgets; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the Offeror’s record of integrity and business ethics; and the Offeror’s business-like concern for the interests of the customer.

Factor 3: Price/Cost

The Government will conduct its price analysis using one or more of the techniques specified in FAR 15.404-1(b). Following evalu-ation of the non-price/cost factors, the price/cost proposal will be compared to the Technical/ Management Capability proposal for consistency and understanding of the requirement. Proposals will be evaluated for price realism, completeness, and reasonableness:

Document Number: 273FCC20R0011 Page 8 of 29

Realism: Prices are compatible with the proposed scope of effort and operations reflect reasonable economy and efficiency.

Completeness: All information/ data required by the RFP has been submitted, tracks to the requirements, and support the offer.

Reasonableness: Prices are considered fair under current market conditions and reasonable to the Government.

Each price will be validated by examining the arithmetic accuracy and consistency of the information presented in the proposal.

The Government reserves the right to require the submission of cost or pricing data (with or without certification) in accordance with FAR 15.403, if, after receipt of proposals, such data becomes necessary or prudent to evaluate.

Each price will be validated by examining the arithmetic accuracy and consistency of the information presented in the proposal.

The Government reserves the right to require the submission of cost or pricing data (with or without certification) in accordance with FAR 15.403, if, after receipt of proposals, such data becomes necessary or prudent to evaluate.

The maximum price the Government will pay for this contract is limited to $170,800 plus travel expenses not to exceed $10,000.

Laws, Rules, Regulations and Policies Applicable to the Contractor Local 6, 7, 8, 9, 10, 12, 16, 16 Alt I, 16 Alt II, 23, 24

As a condition of this contract, Contractor agrees to adhere to some of the same laws, rules, regulations and policies that apply to em-ployees of the Federal Communications Commission, including but not limited to the following:

• Applicable laws, rules, regulations and policies on conduct including the FCC restrictions on the disclosure and use of non-public information, 47 CFR § 19.735-203.

• The Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635, including but not limited to subpart D, which implements 18 U.S.C. § 208, and the FCC’s supplemental ethics rule, 5 CFR § 3901.102, which requires prior approval for the outside practice of a profession.

• The provisions of the Hatch Act, codified at 5 U.S.C. § 7321 et seq. and 5 CFR Part 734, prohibiting partisan political activity while on government time (including while teleworking), in a government building, or using agency resources and prohibiting political fundraising at all times, even when you are off duty and away from the workplace.

• The post-employment restrictions imposed by 18 U.S.C. § 207, including a lifetime ban on representation in party-specific matters and a two-year ban on representation in party-specific matters that were pending under your supervision.

Local 6 – Special Considerations Regarding Contract Performance

The Contractor, while on FCC time, a forty (40) hour work week occurring during normal business hours, shall only conduct business required for this or other FCC contracts. No business for any other governmental or non-governmental entities shall be conducted on FCC time. The Contractor shall abide by the FCC rules and policies on employee conduct as governed by the government-wide Standards of Ethical Conduct found at 5 CFR Part 2635, certain FCC regulations in Part 19 of 47 CFR Chapter 1 and supplemental FCC regulations requiring prior approval for the outside practice of his profession performed during non-FCC time (5 CFR § 3901.102), and the rules and regulations applicable to FCC buildings and information technology infrastructure (e.g. e-mail and local-area-network), including the Government-wide rules and regulations governing Conduct on Federal Property (41 CFR Part 102-74, Subpt. C) and all safety and security regulations.

Local 7 – Organizational Conflicts of Interest

(a) Definition. Organizational conflict of interest means that because of other activities or relationships with other entities, a contract-or or significant subcontractor is unable or potentially unable to render impartial assistance or advice to the Government, or the con-tractor's objectivity in performing the contract work is or might be otherwise impaired, or a contractor has an unfair competitive ad-vantage. The principles and procedures related to organizational conflicts of interest are set forth in FAR Subpart 9.5, but for ease of reference, illustrative examples are set forth in paragraphs (1)-(3) below.

(1) A contractor may be biased where its work under a government contract could entail evaluating its own products or services or those of an organizationally related entity. In these cases, the concern is that the firm's ability to render impartial advice to the govern-ment could, or would appear to be, undermined by the relationship with the entity whose work product is being evaluated.

(2) If a firm, as part of its performance of a government contract, has been involved in the writing of a statement of work or has writ-ten a report or study directly leading to a statement of work, it would generally be precluded from providing the services covered by the statement of work. The primary concern is that the firm could skew the competition, whether intentionally or not, in favor of itself (or at the very least, a reasonable person could be concerned that the statement of work is biased in favor of the firm). It might also raise questions about the loyalties and motivations behind the assistance provided or study undertaken if the contractor knows it may one day submit a product or service offering under the requirements (assuming limitations on future contracting are not specified).

This type of situation could also raise a concern that the firm, by virtue of its special knowledge of the FCC's future requirements, would have an unfair advantage in the competition for those requirements.

(3) Another example of an organizational conflict of interest is when a firm has access to another firm’s proprietary information or other nonpublic information as part of its performance of a government contract, providing the firm with an unfair competitive advant-

Document Number: 273FCC20R0011 Page 9 of 29 age over the owner of the proprietary information or others in a later competition for a government contract.

(b) Warranty concerning, and disclosure of, organizational conflicts of interest.

(1) The Contractor warrants that, unless previously disclosed or disclosed under this clause, there are no relevant facts or circum-stances known to it that pose or likely would pose an organizational conflict of interest under the rules and principles in FAR Subpart

9.5 with respect to its performance of this contract.

(2) If the Contractor identifies an actual or potential organizational conflict of interest during contract performance that was not previ-ously avoided, neutralized, or mitigated, and for which a waiver has not been granted, or there is a change to any relevant facts relat-ing to a previously identified organizational conflict of interest, the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. Organizational conflicts of interest that arise during performance of the contract, as well as newly discovered conflicts that existed before contract award, shall be disclosed promptly.

(3) Any disclosure under paragraph (b)(2) shall include a full description the parties, organizational relationships, contracts or other work, proprietary or other nonpublic information, and other information necessary to fully understand the nature and extent of the ac-tual or potential organizational conflict of interest. The disclosure must address actual or potential organizational conflicts of interest relating to the Contractor’s entire corporate organization, including any parent company, affiliates, subsidiaries, and beneficial in-terests held by the Contractor. The disclosure statement shall describe how the Contractor proposes to avoid, neutralize, or mitigate such actual or potential organizational conflicts of interest.

(c) Termination. The FCC may terminate this contract, in whole or in part, if it deems such termination necessary to end or avoid an actual or potential organizational conflict of interest. The FCC may terminate the contract for default, debar the Contractor from con-tracting with the Federal Government, or pursue such other remedies as may be permitted by law or this contract if the Contractor:

(i) was aware, prior to award, of facts or circumstances that posed or likely would pose an organizational conflict of interest, or

(ii) discovered an actual or potential organizational conflict interest after proposal submission or award; and

(iii) either did not make full disclosure such facts and circumstances or misrepresented the information to the FCC.

(d) Final Authority. The Contracting Officer is the final authority in determining whether an organizational conflict of interest exists and whether the organizational conflict of interest has been, or can be, adequately avoided, neutralized, or mitigated.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts where the work includes or may include tasks related to the organizational conflict of interest.

Local 8 – Limitation on Future Contracting

(a) Limitation. The Contractor and any of its affiliates, shall be ineligible to perform _______ [Contracting Officer to describe the work that the Contractor will be ineligible to perform] as a contractor or as a subcontractor for a period of [______________________]

(b) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (b), in subcontracts where the work includes tasks which result in an organizational conflict of interest. The terms ‘‘Contractor’’ and ‘‘Contracting Officer’’ shall be appropriately modified to reflect the change in parties.

Local 9 – Personal Conflicts of Interest

(a) Definitions.

Personal conflict of interest means a situation in which the Contractor has a financial interest, personal activity, or relationship that could impair his ability to act impartially and in the best interest of the Government when performing under the contract or allow him to engage in self-dealing.

(1) Among the sources of personal conflicts of interest are—

(i) Financial interests of the Contractor, of close family members whose interests are imputed to him by the conflict of interest laws (18 USC § 208), or of other members of the Contractor’s household with whom he’s in a covered relationship under 5 CFR §

2635.502 of the Standards of Ethical Conduct;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business and any employer or client he’s served within the past 12 months) which create a covered relationship for the Contractor under 5 CFR §

2635.502 of the Standards of Ethical Conduct or trigger the requirements of 5 CFR § 2635.501; and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from—

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical ad-visory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests

(b) Requirements. The Contractor shall—

(1) Have procedures in place to screen for potential personal conflicts of interest, by—

(i) Providing a disclosure of interests by filing a Confidential Financial Disclosure Report (OGE Form 450) with agency ethics offi-cials no later than 14 calendar days before the start of the period of performance of the Contract that describe his financial interests, in-cluding those imputed to him, that might be affected by the task to which the Contractor has been assigned, as follows:

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(A) Financial interests of the Contractor, of close family members whose interests are imputed to him by the conflict of interest laws (18 USC § 208), or of other members of the Contractor’s household with whom he’s in a covered relationship with under 5 CFR §2635.502 of the Standards of Ethical Conduct.

(B) Other employment or financial relationships of the Contractor (including seeking or negotiating for prospective employment or business and any employer or client he’s served within the past 12 months) which create a covered relationship for the Contractor un-der 5 CFR §2635.502 of the Standards of Ethical Conduct.

(C) Gifts, including travel; and

(ii) Requiring the Contractor to update his financial disclosure report whenever his personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the Contractor is performing.

(2) Prevent personal conflicts of interest, including not taking on assignments or performing any task under the contract for which the Contractor has identified a personal conflict of interest that the Contractor cannot satisfactorily prevent or mitigate to the satisfaction of the FCC;

(3) Disclose and prevent personal conflicts of interest and avoid situations creating an appearance of a lack of impartiality under 5 CFR § 2635.502 of the Standards of Ethical Conduct;

(4) Maintain effective oversight to verify compliance with personal conflict of interest safeguards;

(5) Report to the Contracting Officer any personal conflict of interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation.

Provide follow-up reports of corrective actions taken, as necessary. Personal conflict of interest violations include—

(i) Failure by the Contractor to disclose a personal conflict of interest;

(ii) Use by the Contractor of nonpublic information accessed through performance of a Government contract for personal gain; and

(c) Guidance. The Contractor shall seek guidance from an agency ethics official as soon as he becomes aware of a potential personal conflict of interest or appearance of a conflict of interest so appropriate measures can be taken to address the concern, including di-vestiture or recusal from participating in an agency matter before him.

Local 10 – Notice of Potential Organizational Conflict of Interest

(a) Definition. Organizational conflict of interest, as used in this clause, has the same definition that is used in the clause titled Organ-izational Conflicts of Interest.

(b) Notice.

(1) The Contracting Officer has determined that the nature of the work to be performed in the contract resulting from this solicitation is such that it may give rise to organizational conflicts of interest (see FAR Subpart 9.5).

(2) The following contractor(s) participated in the formulation of work statements or plans, or will perform, or has performed, other activities related to this procurement that may give rise to an organizational conflict of interest:__________________________

(c) Proposal requirements.

(1) Assessment. Applying the principles of FAR Subpart 9.5, the offeror shall assess whether there is an actual or potential organiza-tional conflict of interest associated with the offer it plans to submit, including any potential subcontracts.

(2) Disclosure. The offeror shall—

(i) Disclose all relevant information regarding any actual or potential organizational conflicts of interest, including information about potential subcontracts;

(ii) Describe any relevant limitations on future contracting, the term of which has not yet expired, to which the offeror or potential subcontractor agreed; and

(iii) Describe how the offeror proposes to avoid, neutralize, or mitigate such actual or potential organizational conflicts, e.g., by sub-mitting a mitigation plan and/or accepting a limitation on future contracting.

(3) Any disclosure under paragraph (c)(2) shall include a full description the parties, organizational relationships, contracts or other work, proprietary or other nonpublic information, and other information necessary to fully understand the nature and extent of the ac-tual or potential organizational conflict of interest. The disclosure must address actual or potential organizational conflicts of interest relating to the offeror’s entire corporate organization, including any parent company, affiliates, subsidiaries, and beneficial interests held by the offeror as well as conflicts posed by significant proposed subcontractors.

(4) Representation. The offeror represents, by submission of its offer, that to the best of its knowledge and belief it has no organiza-tional conflicts of interest or has disclosed all relevant information regarding any organizational conflicts of interest as required in paragraphs (c)(2) and (c)(3) of this provision.

(d) FCC Determination. The purpose of requiring a disclosure statement is to provide the Government with an opportunity to determ-ine whether an organizational conflict of interest exists relating to this procurement, and whether such conflict can be avoided, neutral-ized or mitigated before contract award. The Contracting Officer will determine whether an offeror is eligible for award based on the information provided in the disclosure statement and any other relevant information and after considering what, if any, opportunity and means exist for avoiding, neutralizing, or mitigating the organizational conflict of interest. The Contracting Officer is the final au-thority in determining whether an organizational conflict of interest exists and whether the organizational conflict of interest has been adequately avoided, neutralized, or mitigated.

(e) Resultant contract.

(1) If the offeror submits an organizational conflict of interest mitigation plan that is acceptable to the Government, the resultant con-tract will include the Government-approved Mitigation Plan and related clause.

(2) If the resolution of the organizational conflict of interest involves a limitation on future contracting, or if the nature of the work so-licited requires such, the resultant contract will include a clause detailing a limitation on future contracting.

Local 12 – Contractor Promotional and Press Releases Relating to the Contract

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(a) Except as set forth in the clause titled Access to Nonpublic Information and its Release (if included in this contract), the FCC does not review for accuracy or approve any statements made in contractor press releases or other promotional material relating to the Con-tractor’s performance under this contract or the value or importance of its services or goods provided to the FCC under this contract, nor does the FCC endorse any particular contractor or the goods or services provided by any contractor, except as allowed by 5 CFR § 2635.702(c)(1)-(2).

(b) The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional account, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to the Contractor’s per-formance under this contract or the value or importance of its services or goods provided to the FCC, unless the information is derived from a Government-wide past performance information system, is used in proper context, and is fair and accurate. Information con-tained on past performance questionnaires may be used only as approved by the Contracting Officer.

(c) Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer, which shall be clearly displayed:

Disclaimer: This disclaimer is required by Contract No. ________ The Federal Communications Commission (FCC) has not reviewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or services provided by the Contractor or any other contractor.

Local 16 – Access to Nonpublic Information and its Release

(a) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether included, re-vealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order contract or a GSA schedule contract), that—

(1) Has been determined by the FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protec-ted from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information.

(1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic informa-tion from unauthorized use or disclosure of such information.

(i) The Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, includ-ing attorneys’ fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, repro-duction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract.

(ii) Third-party owners of nonpublic information to which the Contractor may have access during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other third-party rights, have a right of direct action against the Contractor to seek damages for injuries arising from any violation of the terms of this clause.

(2) With regard to any nonpublic information to which the Contractor is given access in performance of this contract, whether the in-formation comes from the Government or from third parties, the Contractor shall—

(i) Utilize the nonpublic information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard the nonpublic information from unauthorized use and disclosure;

(iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

(iv) Inform persons who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure; and

(v) Report to the Contracting Officer any violations of requirements (i) through (iv) of this paragraph as soon as the violation is iden-tified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation, with follow-up reports of corrective actions taken as necessary.

(3) If the Contractor receives information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall—

(i) Notify the Contracting Officer;

(ii) Use the…