A17_RFQ_Switch_and_WAP_Install.docx

REQUEST FOR QUOTE

SWITCH AND WAP INSTALLATION SERVICES FOR THE NATIONAL LABOR RELATIONS BOARD/OFFICE OF THE CHIEF INFORMATION OFFICE (NLRB/OCIO)

#63NLRB19Q0185

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.

1. The solicitation, #63NLRB19Q0185, is utilizing the streamlined solicitation procedures for commercial items in accordance with the Federal Acquisition Regulation (FAR) 12.603 as a Request for Quote (RFQ)

2. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05.

3. The applicable NAICS code is 238210. The size standard is $15M.

4. This is a firm fixed price contract.

5. This procurement is for the removal of existing LAN switches and WAPs and the installation and reconnection of replacement LAN switches and WAPs.

6. The performance period will be one 12-month base period. Location of performance will be NLRB’s HQ in Washington, DC and NLRB’s 49 field office locations (see Attachment A).

7. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

8. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition.

9. Representations and Certification must be uploaded to the System for Award Management at www.sam.gov.

10. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

11. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition.

The provisions and clauses applicable to this acquisition noted above are attached. The full text of these provisions and clauses are available at www.acquisitons.gov/far.

12. Defense Priorities and Allocations System (DPAS) ratings do not apply to this acquisition.

13. Quotes are due NLT 10:00AM ET on September 3, 2019 via email to Julie.yarbrough@nlrb.gov.

14. To the extent prospective vendors have questions or comments regarding this RFQ, they are to be submitted in writing via email to the Contracting Office at julie.yarbrough@nlrb.gov by 10:00AM ET on August 29, 2019. At the NLRB’s discretion, the NLRB may provide written responses to the questions or comments as appropriate.

STATEMENT OF WORK

SWITCH AND WAP INSTALLATION SERVICES FOR THE NATIONAL LABOR RELATIONS BOARD/OFFICE OF THE CHIEF INFORMATION OFFICE (NLRB/OCIO)

1. AGENCY OVERVIEW

The NLRB is an independent Federal Agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between and among unions, employees, and employers in the private sector.

2. BACKGROUND AND OBJECTIVE

The NLRB is undergoing a hardware refresh for the LAN switching and Wireless Access Point (WAP) infrastructure. The NLRB is seeking services for the disconnect and removal of the existing LAN switches and WAPs and the installation and reconnection of the replacement LAN switches and WAPs.

The NLRB has 49 Office locations with various staffing levels; the largest field office does not exceed 70 employees. Headquarters in Washington DC has approximately 600 employees. The local area network in each of these locations is composed of Juniper EX series switches. The existing Juniper switches are model EX4300 48port 1U rack mounted units. The WAPs at all locations are Aerohive AP230 models and ceiling mounted.

3. PERFORMANCE REQUIREMENTS

3.1 NLRB Field Offices:

The contractor shall remove up to quantity eighty-five (85) Juniper EX4300-48 Ethernet LAN switches and install up to quantity eighty-five (85) 1U 48port rack mounted Ethernet LAN switches at NLRB Field Offices. See Attachment A for full office listing. The removal shall include disconnecting patch cords, switch interconnections, power along with removal from the rack. The installation shall include mounting the new switch(s), connecting power, switch interconnections and patch cords. The WAPs are mounted to the ceiling grid. The old units shall be removed and replaced with the new units.

3.2 NLRB Headquarters:

The contractor shall remove up to quantity thirty-one (31) Juniper EX4300-48 Ethernet LAN switches and install up to quantity seven (7) 1U 48port rack mounted Ethernet LAN switches and up to quantity six (6) multi-slot rack mounted Ethernet switches at NLRB’s HQ located in Washington, DC. The removal shall include disconnecting patch cords, switch interconnections, power along with removal from the rack. The installation shall include mounting the new switch(s), connecting power, switch interconnections and patch cords. The WAPs are installed in ceiling mounted enclosures. The old units shall be removed and replaced with the new units.

3.3 The technician(s) shall be experienced with connecting to switches with a console cable and using a terminal emulator on a laptop for accessing the command line interface.

4. PERFORMANCE PERIOD

The performance period will be 12 months. The estimated award effective date is September 20, 2019.

5. DELIVERABLES

Deliverables shall be submitted to the government point of contact. All deliverables shall be submitted using Microsoft Office suite of tools (for example, MS Word, MS Excel, MS PowerPoint), or Adobe PDF format, unless otherwise specified. Electronic submission shall be made via email, unless otherwise agreed to.

6. SUBCONTRACT MANAGEMENT

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement.

7. DATA OWNERSHIP

All data (email traffic, contact information, calendar contents, etc.) is and shall remain the exclusive property of the government. The scope and pricing of the agreement must ensure that the government may have access and download capability of all data for research, investigation, transfer, or migration to other systems in a readable format.

The Offeror shall provide notice immediately of any third-party request for NLRB data and the request cannot be serviced without NLRB’s prior approval.

8. SENSITIVE AND EMBARGOED DATA

In accordance with the Federal Acquisitions Regulations (FAR) clause 52.239-1 in meeting the scope and objectives of this SOW, the Offeror shall:

Protect the confidentiality of confidential information by adhering to safeguard principles, including:

· Emphasizing to their officers, employees, contractors, and agents the importance of protecting the confidentiality of information in cases where the identity of respondents can reasonably be inferred by either direct or indirect means

· Training their officers, employees, contractors, and agents in their legal obligations to protect the confidentiality of respondent identifiable information, and in the procedures that must be followed to provide access to such information

· Implementing appropriate measures to assure the physical and electronic security of confidential data

· Establishing a system of records that identifies individuals accessing confidential data and the project for which the data was required

· Being prepared to document their compliance with safeguard principles to other agencies authorized by law to monitor such compliance

· Not publishing or disclosing in any manner, without the Contracting Officer’s written consent, the details of any safeguards used by the Offeror under the resulting contract or otherwise provided by or for the government

Attachment A

Addendum to 52.212-1 Instructions to Offerors – Commercial Items

1. Offeror shall furnish one pricing volume that includes.

(i) The solicitation number;

(ii) The name of the company, DUNS number, CAGE Code, address, telephone, and electronic address if available;

(iii) Any other business or administrative information that the offeror wishes to include;

The NLRB is a tax-exempt Federal agency; please do not include any sales taxes in proposals for which the Federal Government is exempt.

(End of provision)

FAR 52.212-2 – Evaluation – Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factors shall be used to evaluate offers: lowest priced, technically acceptable (LPTA). The contractor’s pricing will be evaluated with regard to its ability to meet the tasks set forth in the PWS.

CONTRACT CLAUSES AND PROVISIONS

Incorporated by Reference:

Incorporated by Full Text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition (Aug 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

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

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

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

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

___ (13) [Reserved] _X__ (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 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

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

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

_X __ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_ __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

__X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _ X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

_X__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

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

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of Clause)

National Labor Relations Board Invoicing Requirement To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g). Invoices shall be emailed to the following: Department of the Interior (DOI), National Business Center at NLRBPayments_ibcdenver@ibc.doi.gov Contract Administration Data

(a) All contract administration must be affected by the Contracting Officer except as delegated to the Contracting Officer’s Representative (COR). In no event will any modification, change order or other matter in deviation from the terms of scope of this contract be effective or binding unless formalized by proper contractual documents by the Contracting Officer.

(b) In the event the Contractor makes any changes to the terms or scope of this contract at the direction of any person other than Contracting Officer, the change will be considered to have been made without proper authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

LOCAL CLAUSE: 52.201-9000 CONTRACTING OFFICER’S REPRESENTATIVE

(a) The Contracting Officer’s Representative (COR) is a representative of the Government with limited authority who has been designated in writing by the CO to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor’s performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the CO for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the CO if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the CO has issued a written directive or a written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the CO.

(d) COR authority is not delegable.

LOCAL PROVISION: 52.233-9000 AGENCY-LEVEL PROTESTS

Potential bidders or offerors may submit an agency-level protest directly to the Contracting Officer (CO). As an alternative to the CO’s consideration of a protest, a potential bidder or offeror may request an independent review of their protest by the NLRB Protest Deciding Official. In either case, the agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests.