Synopsis Solicitation 75N96020Q00001.pdf

Combined Synopsis/Solicitation No. 75N96020Q00001

NIEHS, Office of Acquisitions

EMERGENCY

MANAGEMENT

SUPPORT

SERVICES

Combined Synopsis/Solicitation for Commercial Items

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type:

Solicitation Number:

Posted Date:

Original Response Date:

Current Response Date:

Product or Service Code:

Set Aside:

NAICS Code:

Combined Synopsis/ Solicitation 75N96020Q00001 October 31, 2019 November 21, 2019 November 21, 2019 R414 Total Small Business 541611

Contracting Office Address Office of Acquisitions National Institute of Environmental Health Sciences 530 Davis Drive Morrisville, NC 27560

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items;” FAR part 13; and FAR part 19, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. All items within the Request for Quote (RFQ) must be fully completed and returned by the due date and time indicated above.

This solicitation document, 75N96020Q00001, is issued as an RFQ to provide emergency management support services to the Office of Management (OM), National Institute of Environmental Health Sciences (NIEHS) located in Research Triangle Park, NC. This acquisition is being conducted using the procedures under Federal Acquisition Regulations (FAR) Subpart 13.5, "Simplified Procedures for Certain Commercial Items" as supplemented by the Health and Human Services Acquisition Regulation (HHSAR). The anticipated single award contract will be used to execute the tasks listed in the Statement of Work (SOW) utilizing defined task orders with their own Statements of Work (SOWs). The requirement has an anticipated 3-year ordering period from date of award. The anticipated program ceiling for the acquisition is $475,000.00 for 3 years and will result in an Indefinite Delivery/Indefinite Quantity Contract. The minimum guaranteed amount under this contract is $15,000.00. This solicitation will also include a quote and award for the first task order to be issued under this contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-04 – August 7, 2019.

Quoters must be registered in the System for Award Management (SAM) prior to award of a contract. Quoters must access the Central Contractor Registration Database (CCR) through

SAM at http://www.sam.gov

This solicitation is being competed as a total small business set-aside. Only quotes received from small businesses will be considered for award. The associated North American Industrial Classification System (NAICS) code for this procurement is 541611, with a small business size standard of $16.5 million.

All interested companies shall provide a quote for the following, based on the Statement of Work:

Labor Category Year 1

Hourly Rate Year 2

Hourly Rate Year 3

Hourly Rate

Program Manager $_________ $_________ $_________

Analyst $_________ $_________ $_________

Subject Matter Expert $_________ $_________ $_________

Consultant $_________ $_________ $_________

Emergency Coordination Lead $_________ $_________ $_________

Planning Specialist $_________ $_________ $_________

Logistics Coordinator $_________ $_________ $_________

Quality Control Lead $_________ $_________ $_________

Public Assistance Specialist $_________ $_________ $_________

Documentation Specialist $_________ $_________ $_________

IT Specialist $_________ $_________ $_________ http://www.sam.gov/

STATEMENT OF WORK (SOW) FOR

EMERGENCY MANAGEMENT SUPPORT SERVICES

I. Purpose

a. The NIEHS requires consulting and technical assistance to support our

Emergency Management Program (EMP) to include documentation, planning, and exercise support services. The EMP’s documentation, planning, and exercises shall be Homeland Security Exercise and Education Program (HSEEP) compliant (https://www.fema.gov/hseep). Based on the hourly rates provided by the successful quoter, an individual price will be negotiated for each specific project with a subsequent Task Order placed under the terms of this contract.

b. All services required under this contract are in support of the services provided by the Office of Management. The NIEHS EMP involves the mission areas of prevention, protection, mitigation, preparedness, response, and recovery.

c. The services to be provided under this contract effort include, but are not limited to: drafting HSEEP compliant NIEHS documents, evaluations (e.g. core capability studies related emergency management), exercise related training (e.g. role training guides), presentations, procedures, web-based document preparation (e.g. using websites for related communications sites using SharePoint), technology support expertise for EMP products, event facilitation such as a Training and Exercise Planning Workshop (TEPW), and other miscellaneous emergency management support services.

d. Deliverables required under this contract may include but are not limited to: draft plans, procedures, guidelines, analysis reports, exercise support signage, after-action reports, SharePoint communications web sites, gap assessments, facilitation of events, event planning, hazards assessments, and other related deliverables. The Contractor will provide exercise planning and support (seminars, workshops, tabletop exercises, game simulation, operational drills, functional exercises, and full-scale exercises). All activities would be facilitated, documented, and coordinated through Task Orders.

e. The Contractor shall provide services relevant to the efficient, effective and required capabilities supporting the NIEHS Emergency Management (EM) Program. The Contractor will support the NIEHS as it plans, prepares for, responds to, recovers from, and mitigates the impacts of a wide variety of emergencies and manmade, natural and technological disasters that could adversely affect the health and safety of people, the continuity of mission essential operations, infrastructures, and the environment. The NIEHS will utilize standard federal policy and guidance documents for our program.

II. Requirements

a. Fulfilling the requirements of this contract may require frequent, on-site visits by the Contractor personnel to: attend project meetings, obtain information, make presentations, facilitate EMP events, assess onsite capabilities, meet with personnel, provide application support, and accomplish documentation maintenance.

https://www.fema.gov/hseep

b. The Contractor shall be completely familiar with all reference material listed in the

Compliance Documents and Reference Documents sections of this SOW as they apply to each task. Each task described gathers the knowledge of the standards and processes of the identified documents.

c. Expertise and awareness of software tools that assist with emergency management and website communications development are required. The EM program currently utilizes SharePoint and the BlackBerry AtHoc Crisis Communications System managed centrally at the NIH. SharePoint website application development is required. The Contractor may be asked to provide customization on existing SharePoint sites. As needed, the Contractor will have access to a Government Furnished Equipment (GFE) for computer access located on-site at NIEHS to fulfill this requirement.

d. The Contractor, in coordination with the COR and other appropriate NIEHS personnel will provide expertise necessary to accomplish services as indicated in this SOW and as further defined in the individual task orders which will be developed for subsequent specific projects. The Contractor and their “key personnel” must have the ability to respond to unplanned events within two hours of receiving a call from the COR excluding weekends and holidays while on task order. Emergency Management exercises and events can occur outside normal work hours; the Contractor shall maintain an ability to support work 24 hours a day and 7 days a week for planned events. To support recurring activity at least one of the Contractor’s staff assigned to this work should be able to obtain government badging clearance to establish continuity. The badged employee will be responsible for the escorting of unbadged support staff. The NIEHS visitor registration process will be followed for unbadged staff.

e. Project workload will vary throughout the year and be inactive for other parts of the year. The Contractor must be able to manage multiple concurrent projects at various stages of completion and sustain the required expertise to be available for task orders.

f. Key personnel identified for this contract include the overall project manager for the contract and one subject matter expert. Key personnel cannot be replaced without prior approval of the COR.

g. Information created through the contract will be marked and controlled in accordance with GSA policy for Controlled Unclassified Information (CUI). All documents and data that are developed, created, revised, or maintained under this contract will remain the property of the government. Proprietary information will not be included in any deliverable information or any finalized document provided to the government such that the ownership and security of the information resides with the government.

Most exercise support information is unclassified and non-sensitive but controlled.

The control of exercise information is based on a need to know regarding the nature of the exercise. Specific exercise material is intended for the exclusive use of specific exercise groups; however, participants may view the materials of other groups as deemed necessary to ensure performance. All exercise groups and participants should use appropriate guidelines to ensure proper information control. Public release of exercise materials to third parties is at the discretion of the

Communications Officer, COR, CO, or planning team leadership.

h. Monthly Task Order Status Reports: Contractor shall develop a monthly report showing status of each of the Task Orders and its subtask. The report shall consist of Task Order Number, subtask numbers, description of task, proposed date given by NIEHS, & completion date according to invoice.

i. Quality Control: Contractor shall develop a plan which demonstrates measures he/she will be taking to control the quality of services provided and ensure they meet the requirements of the project

III. Personnel Qualifications

a. The Contractor shall provide trained personnel with a combination of education and past performance experience consistent with standard federal and commercial industry standards to perform the services specified in this Statement of Work. Key personnel resumes are required.

b. Expertise which may be required under this contract is as follows.

i. The project manager or subject matter expert must have general experience in emergency management support and designation as a Certified Emergency Manager (CEM) by the International Association of Emergency Managers (IAEM).

ii. The Contractor’s shall demonstrate staff training and experience in the most recent version of FEMA guidance and courses (https://training.fema.gov/emi.aspx and https://www.firstrespondertraining.gov/frt/npccatalog/EMI).

iii. The Contractor shall have experienced staff (other than the project manager/lead) with the knowledge, experience, and expertise in their field assigned to this project to assist in the operations of emergency operations centers, HAZMAT response, emergency medical services, fire response, and law enforcement response to substantiate the ability to perform the services required by this project.

iv. The proposed support will have SharePoint expertise including development course work or related technical experience.

v. Experience with at least three previous full-scale exercise events under HSEEP compliant standards.

vi. The Contractor’s assigned project manager/lead for this project shall have knowledge, experience and expertise in the field of Federal, State, and Local government emergency management programs as demonstrated by the combination of leading at least three example reference projects providing in the same or similar services to the size and scope within this statement of work to include full-scale exercises.

vii. Consultants who are trained, experienced, and qualified to provide various emergency management support services including documentation support, plan drafting, guidance document creation, training by participant role, customizing of procedures, and supporting events.

viii. The Contractor shall be completely familiar with the higher-level federal reference material listed in the Compliance Documents and Reference Documents sections of this SOW. The Contractor shall demonstrate https://training.fema.gov/emi.aspx https://www.firstrespondertraining.gov/frt/npccatalog/EMI knowledge and skill in the listed documentation that is publicly available.

IV. Tasks

The Contractor may be asked to perform work within the following task order descriptions. The required task order work will remain within the following domains:

a. At the request of the COR, the Contractor may be requested to develop and draft a multi-year Training and Exercise Plan (TEP) through consultation with the NIEHS emergency management staff. The Contractor shall develop NIEHS options for and draft a multi-year exercise plan for the NIEHS. The Plan will utilize the HSEEP guidance for discussion- and operations-based activities provided as an attachment.

The TEP would combine a step-wise approach to long-term objectives that include:

i. Engaging the local community in emergency management

ii. Establishing a multi-year exercise project plan that progressively uses diverse types of engagement

iii. Develop a written 3-5-year Training and Exercise Plan

iv. Conduct and Facilitation of Training and Exercise Planning Workshop

(TEPW) as required to support the activities with the TEP.

v. Assist the NIEHS EM Coordinator to organize and facilitate local committees to support the Program.

This TEP would stress building a common set of objectives built towards increasing complexity over time. The TEP would align exercise activities with supportive assessments that identify the most applicable threats and vulnerabilities to our campus. The TEP would provide a rolling analysis of exercise outcomes that improves the management of the program over the term of the TEP. The facilitation or working groups is required.

b. At the request of the COR, the Contractor may be requested to assist with drafting an NIEHS Emergency Management Program (EMP) Plan to include all required component plans. The Contractor shall assist the NIEHS with the creation and maintenance of required component plans, procedures, training materials to support the NIEHS EM program. The Contractor will be ready to assist with the information gathering, organization, documentation, and execution of program elements. The professional services will include documentation needs for policy, procedures, directives, and all-hazards assessments. The services will also include support for the required semi-annual and annual reviews of established plans and capabilities.

The Contractor shall ensure the Emergency Management support is aligned and compliant with HHS and NIH guidance and implement applicable emergency Management policies and directives. The components of Emergency Management documents, including the required NIEHS Comprehensive Emergency Management Plan (CEMP) shall comply with the NIH and National Incident Management System (NIMS) structure. The Contractor will provide expertise in web-based communications (e.g. SharePoint) to professionally publish the resulting documentation.

c. At the request of the COR, the Contractor may be requested to assist with updates to the NIEHS Occupant Emergency Plan (OEP). All necessary research to update the plans will be provided through meetings and interviews with NIEHS personnel. The documentation process will require iterative government reviews. The Contractor will provide expertise in SharePoint and web-based development to professionally publish the resulting documentation.

d. At the request of the COR, the Contractor may be requested to plan, facilitate, document, and coordinate HSEEP required exercises at the NIEHS campus. The Contractor will provide the HSEEP required documentation for both discussion- and operations-based exercises and drills. Participant and managerial documentation will be customized and provided for the scenarios and type of exercise. The most significant support required involves the conducting of an NIEHS Full-Scale Exercise (FSE). The requirements to support our FSE are provided as a Sample Task Order.

The Contractor will assist the Emergency Management Team by coordinating and conducting drills. At the request of the COR, the Contractor shall develop up to two NIEHS emergency exercises annually and deliver these to the Government for evaluation and execution. The exercise scenario may include both common industry events such as; natural disasters, bomb threats or explosions, and incidents unique to the NIEHS campus involving specific facilities and operations. The Contractor may develop additional training for small audiences at the discretion of the COR.

Exercise development will follow the HSEEP and similar federal guidance to include the applicable Initial Planning Conference (IPC), Mid-Planning Conference (MPC), Final Planning Conference (FPC), and After-Action Reviews (AAR). The Contractor will record minutes and task tracking for all conferences and meetings. The supporting materials shall include, but is not limited to: props, actors, moulage for injured/victims, signage, flyers, and other necessary materials and supplies.

e. At the request of the COR, the Contractor may be requested to provide Emergency

Operations Center (EOC) management support. This type of support may include interoperable communications processes and systems, damage assessments, interagency coordination, and aid efforts. In the event of an emergency requiring continuous (24/7) EOC operation, the Contractor shall be prepared to provide additional staffing as an IDIQ.

f. At the request of the COR, the Contractor may be requested to provide a core capability gap analysis and an all-hazards risk assessment. These processes shall include a threat and hazard identification process. The analyses shall include strengths, improvement areas, capability performance, and corrective actions.

g. At the request of the COR, the Contractor may be requested to develop draft materials for the training of local NIEHS personnel on emergency management matters. Training materials may be industry standard or customized to the NIEHS environment.

h. At the request of the COR, the Contractor may be requested to provide support for the NIEHS Continuity of Operations (COOP) program. The COOP requires support for documentation, planning, training, and exercise communications. The Contractor shall conduct or support comprehensive drills, tests and exercises. The Contractor shall support efforts associated with the COOP, to include significant support of COOP drills and exercises.

i. At the request of the COR, the Contractor may be requested to assist with documentation and plan updates for the NIEHS physical security program. This type of work may include updates to the NIEHS Facility Security Plan and other FEMA requirements such as FEMA’s THIRA guidance, https://www.fema.gov/threat-and-hazard-identification-and-risk-assessment. The support needs would include research on physical security matters for briefings and reports, participation in work groups, compiling and preparing statistical data related to physical security, preparation of facility-wide security analysis, participation in emergency exercises representing physical security interests, conducting physical security surveys, audits, and vulnerability assessments. The Contractor may be requested to conduct security studies, recommend security solutions, write reports, conduct briefings, review and analyze proposed construction and renovation projects, respond to user inquiries, and evaluate statistical data, execute additional or enhanced physical security measures during periods of increased threat.

V. Attachments

a. Applicable Documents List

b. Description of the Federal Campus

c. Participants List

d. Exercise Types

e. Example of a Full-Scale Exercise (FSE) Services Task Order

f. Statement of Work for Task Order One (proposal to be submitted with IDIQ proposal as stated below)

The contract period of performance is three (3) calendar years from date of award.

Delivery shall be provided as specified in each task order issued hereunder.

This requirement has an anticipated 3-year ordering period from date of award. Individual task orders issued will not exceed a 12-month period and funding will be obligated at the task order level. During the contract period, the Government will identify tasks required to complete each specific project. Task orders with more specific details will be placed as needed by the NIEHS and specific performance dates and quantities will be specified on each individual task order.

a. The final contract will contain the price provisions agreed upon by the Government and the Quoter.

b. The total not to exceed (NTE) amount of this contract is $475,000.00. The guaranteed minimum amount for this contract is $15,000.00.

c. Upon delivery and acceptance of the item(s) described in the SOW of the contract identified in the schedule of charges below, the Government shall pay to the Contractor the unit price(s) as set forth below:

The contractor shall provide fixed Hourly Rates for each position for the first year of the contract and each subsequent Contract Period. These fixed Hourly Rates shall be fully loaded and shall include all direct prices, indirect prices and profit.

https://www.fema.gov/threat-and-hazard-identification-and-risk-assessment https://www.fema.gov/threat-and-hazard-identification-and-risk-assessment

Place of Performance

Address: Research Triangle Park and Durham, North Carolina

Postal Code: 27513 Country: UNITED STATES

QUOTE INSTRUCTIONS

Quoters are required to submit a written Technical/Past Performance Quotation and Price Quotation to the Contracting Officer. Quotations must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Quoters shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the quoter's quotation.

Quoters must also submit a technical and price quote for the first task order; the statement of work is attached. An actual Task Order will be awarded as a result of your response. The Task Order quote shall include separate technical and pricing volumes. Quoters are to propose the labor mix that will best meet the requirements of the task order statement of work.

Basis for Award Responses shall be evaluated by the Government based on the technical submission, past performance and price. Technical and past performance, taken together, are more important than price.

Submission Instructions

a. The Government will evaluate Price quotes for award purposes based on the fixed hourly labor rates for all three (3) years.

b. Quoters are cautioned that award may be made based on initial submissions; therefore, most favorable terms and complete response should be included with the initial quote (evaluation will be based on the information contained in the quote). Quoters must submit information to evaluate their quotes based on the requirements listed in the above Statement of Work starting on page 4 and the Evaluation Criteria starting on page 12. Failure to provide the information required to evaluate the quote may result in rejection of that quote without future consideration. An actual task order will be awarded as a result of your response.

c. The quote format and restrictions:

• The Price Quote must be submitted as a separate document from the Technical/Past Performance quote submissions so that evaluation of price and non-price quotes may be accomplished independently and concurrently with the evaluation of the other. There is no page limitation on the Price Quote.

o Tab 1 shall consist of a completed Schedule of Prices (located on page 3) for the IDIQ.

o Tab 2 shall consist of a price quote for the first Task Order. This price quote shall contain the proposed labor categories, hourly rates (using the rates in Tab 1), hours per labor category, subtotals per labor category, and a total price for the Task Order.

• The main section of the Technical/Past Performance Quote is limited to no more than twenty (20) pages, including resumes for key personnel.

o Resumes for key personnel shall be included in this section and are subject to the 20-page limit for the entire section.

o The quotation will be evaluated on the demonstrated and documented capabilities and experience of personnel to perform the tasks outlined in the Statement of Work.

o Past Performance will be evaluated to determine the extent to which the quoter’s past performance demonstrates the likelihood of successful performance in performing requirements similar in size, scope and complexity of this solicitation. References provided for subcontracts and teaming arrangements will be evaluated in the same manner as those submitted for prime contractors.

o The Government will review all past performance data submitted with the quoter’s quote and may contact any and/or all of the referenced companies/organizations and others to verify past performance information. If it is determined that the quoter has no directly related or relevant past performance experience, the quoter’s past performance submission will receive no merit or demerit for this factor.

o Quotations shall include a list of the contracts completed during the past 3 years and currently being performed that are similar in nature to the solicitation work scope.

o Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial concerns.

o Include for each reference:

Project Title Description of the project Contract and, if applicable, task order number Total Contract Value and type of contract Government Agency/Organization Contracting Officer’s Name and Telephone Number.

Current status, e.g. completed/in progress, start/end dates.

Name of company being referenced SOW paragraphs that the reference applies to Key personnel (please highlight those individuals who worked on the relevant project(s) and are being proposed for this effort).

A brief narrative of why you deem the reference to be relevant to this effort.

• A separate section shall be included to address the draft statement of work for a Full-Scale Exercise. Refer to attachment E, Example of a Full-Scale Exercise. Please describe your firm’s technical approach within no more than 2 pages that summarizes how you would frame and add industry standard methods the stated task. The technical methodology provided will detail your approach to supporting such a task. Please note that this is not requesting the details of a proposal but asking for the framework and basis to support the task described in an executive summary format. This will not lead to the award of a task order at this time. However, it will be evaluated as part of the technical quote for the IDIQ.

• A separate technical quote shall be submitted for the first Task Order. This Task Order quote will be based on the Task Order statement of work and shall not exceed 5 pages.

• Questions must be submitted in writing and addressed to Beth Kuhaneck at beth.kuhaneck@nih.gov not later than seven (7) calendar days before the due date for the quote.

Award shall be made to the quoter whose quote offers the best value to the government, considering technical capability, past performance, and price. The government will evaluate information based on the following evaluation criteria:

I. Best Value Evaluation Criteria

Evaluation Criteria factors are in descending order of importance. All Evaluation Criteria factors, other than price, when combined are significantly more important than price. Evaluation Criteria factors are:

• Understanding of Requirements and Technical Approach

• Past Performance

• Price

II. Mandatory Criteria

• The Project Manager or Subject Matter Expert shall hold an active Certified Emergency Manager (CEM) Certification by the International Association of Emergency Managers (IAEM) and FEMA training documentation specified in the Statement of Work.

• The primary consultants and subject matter experts shall have evidence of FEMA and related emergency management training as specified in the SOW.

• The quote shall document the contractor’s knowledge of the referenced documentation including compliance documents such as The Homeland Security Exercise and Evaluation Program (HSEEP).

III. Understanding of Requirements and Technical Approach

• The contractor shall provide evidence of facilitating two prior full-scale exercises and one large event (functional exercise, table-top exercise, etc.).

• The contractor shall demonstrate experience with coordinating operations for an Emergency Operations Center (EOC).

• The Contractor shall demonstrate that “key personnel” can respond within two hours of receiving a call from the COR, 24-hour per day, 365 days of the year, including weekends and holidays in case of emergency support arrangements as defined in the SOW.

• The Contractor shall show evidence of SharePoint experience and web site communications tools.

• The Contractor shall demonstrate experience and expertise in handling and marking sensitive information association with exercises and federal guidelines for information security.

• The Contractor will provide prior experience in facilitating a Training and Exercise Planning Workshop.

• Demonstrated experience in the technical writing assistance specified in the SOW.

mailto:beth.kuhaneck@nih.gov

Evaluation List for Technical Evaluation Criteria

Rating Definition

Outstanding

The Quoter greatly exceeds the minimum requirements of the SOW. The technical submission possesses numerous (5 or more) significant strengths (that are not offset by flaws) and no weaknesses, significant weaknesses, or deficiencies. Merits are of significant recognizable benefits to the Government. The risk of unsuccessful contract performance is extremely low.

Good

The Quoter exceeds the minimum requirements of the SOW. The technical submission possesses one or more significant strengths (that are not offset by flaws) and no weaknesses, significant weaknesses, or deficiencies. Merits are of recognizable benefits to the Government. The risk of unsuccessful contract performance is very low.

Acceptable

The Quoter meets the minimum requirements of the SOW. The technical submission possesses one or more strengths (that are not offset by flaws) and no weaknesses, significant weaknesses, or deficiencies. The risk of unsuccessful contract performance is low.

Marginal

The Quoter does not meet or only marginally meets requirements.

Significant weaknesses and/or numerous weaknesses and/or a deficiency exists in areas that are important. May be difficult to achieve success or can occur only with increased levels of treasury oversight. The risk of failure is increased. The risk of unsuccessful contract performance is high.

Unacceptable

The Quoter failed to meet the minimum requirements of the SOW and has a combination of the following: a deficiency, or deficiencies and/or numerous weaknesses/significant weaknesses. The deficiencies are so significant that a total resubmission is required to adequately address them. The risk of failure is very high.

NOTE: A Quoter must receive an adjectival rating of acceptable or above for each sub factor. Failure to meet the criteria will render the response not eligible for award. The Government will not make an award to any Quoter with an unacceptable rating or a deficiency in ANY factor or sub factor.

Evaluation List for Past Performance

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Quoters–Commercial Items” (Oct. 2018)

2. FAR 52.212-2, “Evaluation – Commercial Items” (Oct. 2014)

3. FAR 52.212-3, “Quoters Representations and Certifications–Commercial Items” (Oct. 2018)

4. FAR 52.516-18, “Ordering” (Oct. 1995)

5. FAR 52.216-19, “Order Limitations” (Oct. 1995)

6. FAR 52.216-22, “Indefinite Quantity” (Oct. 1995)

7. FAR 52.217-8, “Option to Extend the Term of the Contract” (Mar. 2000)

• Rating • Definition

• No Rating

• A “No Rating” rating indicates the Quoter without a record of relevant past performance or for whom information of past performance is not available; the Quoter will not be evaluated either favorably or unfavorably.

• Outstanding

• An “Outstanding” rating indicates that minimal risk is anticipated with delivery of quality product, on time, or of any degradation of performance or lack of customer satisfaction based upon Quoter’s past performance.

• Acceptable

• An “Acceptable” rating indicates that there is some potential risk anticipated with delivery of quality product, on time, and of degradation or lack of customer satisfaction based upon Quoter’s past performance.

• Marginal

• A “Marginal” rating indicates that there is significant potential risk anticipated with delivery of quality product, on time, and of degradation of performance based on the Quoter’s past performance. (A rating of marginal does not by itself make the quotation ineligible for award).

• Unacceptable

• An “Unacceptable” rating indicates that serious doubt exists based on the Quoter’s performance record that the vendor can perform the contract.

http://acquisition.gov/comp/far/index.html

8. FAR 52.219-6, “Notice of Total Small Business Set-Aside” (Nov. 2011)

Quoters must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3, “Quoters Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

• FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” (Oct. 2018)

• FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or

Executive Orders” (May 2019)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (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 89(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, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

___ (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.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

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

637(d)(4)(F)(i)).

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

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

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

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

XX (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).

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

XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (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.

XX (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.

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

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

XX (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered 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.

XX (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).

___ (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)).

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

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

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

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

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

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

206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

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

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

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

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

13658).

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

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

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C.

3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section

889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

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

(xiii) 52.222-41, Service Contract Labor Standards…