91990019Q0020-_Daily_News_Digest_Solicitation.pdf
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RFQ IFB RFP
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODEFACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
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.
DATE . 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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
OFFER
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
17a CONTRACTOR/
OFFEROR.
CODE
8 (A)
SIZE STANDARD:
NAICS:
% FOR:SET ASIDE:UNRESTRICTED OR
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
10. THIS ACQUISITION IS
EDWOSB
SMALL BUSINESS PROGRAM
STANDARD FORM 1449 (REV. 2/2012) BACK
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:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
SCHEDULE Continued
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
PAGE 3 OF 24 91990019Q0020
Daily News Digest (Newsclipping) 0001 Base Period- Total Cost for Daily News Digest
"Newsclipping" services
Period of Performance: 09/23/2019 to 09/22/2020
1.00 SE
OPT
0002 Option Period I- Total Cost for Daily News Digest
"Newsclipping" services
Period of Performance: 09/23/2020 to 09/22/2021
1.00 SE
OPT
0003 Option Period II- Total Cost for Daily News Digest
"Newsclipping" services
Period of Performance: 09/23/2021 to 09/22/2022
1.00 SE
OPT
0004 Option Period III- Total Cost for Daily News Digest
"Newsclipping" services
Period of Performance: 09/23/2022 to 09/22/2023
1.00 SE
OPT
0005 Option Period IV- Total Cost for Daily News Digest
"Newsclipping" services
Period of Performance: 09/23/2023 to 09/22/2024
1.00 SE
Table of Contents
PAGE 4 OF 24 91990019Q0020
Performance Work Statement
Instruction to Offerors
Evaluation Criteria
52.203-3 GRATUITIES (APR 1984)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS (APR 2014)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.233-1 DISPUTES (MAY 2014)
52.233-2 SERVICE OF PROTEST (SEP 2006)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.242-13 BANKRUPTCY (JUL 1995)
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)
3452.208-71 PRINTING (MAY 2011)
3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)
3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)
3452.227-71 ADVERTISING OF AWARDS (MAY 2011)
3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)
3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)
3452.239-71 NOTICE TO OFFERORS OF DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)
3452.239-72 DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)
3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)
3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES (MAY
2011)
52.202-1 DEFINITIONS (NOV 2013)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
ITEMS (JAN 2019)
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)
3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)
3452.209-71 CONFLICT OF INTEREST (MAY 2011)
306-1cINVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION - IPP (MAY 2018)
PAGE 5 OF 24 91990019Q0020
CLAUSES
Performance Work Statement
U.S. Department of Education Office of Communications and Outreach
Media Relations and Strategic Communications Daily News Digest for the U.S. Department of Education
PERFORMANCE WORK STATEMENT
A. Need
Employees at the U.S. Department of Education (Department) need current information to best perform their work. Department employees need to know what is being said in state houses, school board rooms, on the streets around the country, and, increasingly, on social media, so they can react and determine the course of action best suited to promote educational excellence. A news clipping service is vital for employees to maintain an awareness of the changing education world around them.
B. Background
Since 2003, the Department has contracted out its news clipping operation. Until that time, all work was done in-house. The Department requires a contractor to produce a daily news digest on education that’s distributed via email and is available online and for printing by 7:30 a.m., weekdays, excluding federal holidays. Staff can view the digest on the Web or on their smart phones and can print a version of the daily digest as well.
Daily digests are organized into thematic sections such as Secretary and
Department News, Early Learning, School Choice, Elementary and Secondary Education, Post-Secondary Education, Statistics, then archived by date with a keyword search capability that enables users to retrieve summaries of specific articles and links to the actual stories.
The contractor performs all story gathering and production. The Department’s only involvement is to read the finished product. To display the digest online, the contractor maintains a secure website that only Education employees can access. In addition to the news archive, the website offers unedited Twitter- and newsfeeds on education topics.
C. Purpose and Objectives
The daily education news digest keeps Department employees informed by presenting the most significant education articles of the day, collected from social media, newspapers, broadcast transcripts, blogs, news magazines, wire services and other outlets. This digest shall be sent to employees in an email summary and shall also be available on a contractor provided website that shall be accessible by Department employees only. Employees shall also be able to print the daily summary in a reader friendly format.
PAGE 6 OF 24 91990019Q0020
D. Scope of Work
The contractor shall be responsible for carrying out all phases of work associated with the major activities outlined in this Performance Work Statement, in order to help keep Department employees up to date on current events in education.
E. Period of Performance
The period of performance shall be one 12-month base period with four 12-month option periods.
F. Tasks
The contractor shall work closely with Department staff and its leadership to carry out the following activities:
Task 1– Compile and Distribute the Daily News Digest
DELIVERABLE -- The contractor shall produce and deliver a daily news digest on key education topics by 7:30 a.m. weekdays, excluding federal holidays. The digest shall be delivered by email and also be available on a contractor provided website accessible by Department employees only. The website should allow Department staff to sign up for the daily briefing by entering their email addresses. The daily digest shall be printable in a reader friendly format for those users who wish to read a hard copy of the digest. The digest will include at least 40 education articles per issue gathered from newspapers, wire services, network newscasts, news magazines, education trade press, education blogs, college papers, social media, and other news outlets.
Stories collected after 7:30 a.m. shall be added to the next day’s issue. Weekend articles will appear in Monday's edition.
Sources for Stories
Particular emphasis should be placed on including education articles from the following news outlets:
· Network TV and radio newscasts.
· National papers, including the New York Times, Washington Post, Wall
Street Journal, USA Today, Los Angeles Times and Chicago Tribune.
· Wire services, such as the AP, Reuters and Bloomberg.
· Major social media news sources, where stories are trending, such as
Twitter, Facebook, Medium, Instagram, and others.
· Leading news websites such as Yahoo! News, HuffingtonPost, CNN, Google News, Fox News, NBC News, CBS News and ABC News.
PAGE 7 OF 24 91990019Q0020
· National news magazines such as Atlantic, National Review, New Republic, Politico, Time, Newsweek Education trade press listed below.
-- Education Week -- Chronicle of Higher Education -- Inside Higher Ed --The 74
· Other D.C. news outlets such as the Washington Times, Washington Examiner and WTOP radio.
· Education blogs.
· All other 100 largest newspapers, state capital papers, local broadcast stations, college papers and other news outlets.
The contractor shall also follow the Secretary’s schedule to see where news is being made and Department press releases and media advisories to see where the Department officials are making news.
Features
· Highlight which accounts or people are creating the biggest movement of top stories on social media (last 24 hours in Education news)
· On a daily basis, provide a top 5 most-shared stories list with links, # of hits/shares, and where on the Internet they were most shared/consumed.
· Vendor may propose other stats/analytics to complement briefing.
· Add a what’s-happening-today or this-week sidebar to tell staff of scheduled Department or education-related White House events, congressional committee hearings and testimony, major education trade association conferences, and other events.
· Add a daily “what’s trending in education” sidebar box to show what stories are getting traction on social media; identifying which stories are making the biggest waves by platform (Twitter, Facebook, Medium, etc.), by indicating how many views/impressions/shares/etc. that each has received.
· Excluded stories list, if needed, to be emailed to OCO leadership, to include stories not related to the Secretary’s official duties, stories about the Secretary’s family.
Types of Stories Required
The news digest must include stories that mention the U.S. Department of
Education and its employees, especially senior staff listed at https://www2.ed.gov/news/staff/bios/index.html?src=rt.
To assure that the contractor's checklist of newsmakers is current, the site should be monitored for possible changes in senior officers at least weekly. The Secretary’s schedule is posted at:
PAGE 8 OF 24 91990019Q0020
https://www2.ed.gov/news/events/calendars/secschedule.html. ED press releases are posted at: https://www.ed.gov/news/press-releases. ED media advisories are posted at: https://www.ed.gov/news/media-advisories.
In addition, the digest shall display education articles that refer to the president, White House, administration officials, members of Congress and significant developments at the state and local level. A section of general national political and federal government related news shall also be included.
Copyrights
Articles must be obtained through means that meet copyright laws and regulations.
Special Requests
The contractor shall perform special searches for news stories upon request. The
Department anticipates perhaps three special searches a year. For example, the Department may seek stories that have appeared on issues related to a national education news development during the past month or recent education articles in a community that the secretary of education plans to visit.
Format and Layout
The email distribution shall be mobile phone friendly. The first few pages should feature an index, listing headlines and page numbers for all articles in the package. Links to the actual news stories should be included to the maximum extent possible. A printable version shall be available daily for printing by staff members who wish to read a hard copy of the digest. The printable version must be reader friendly.
The online version shall include all of the articles in the email version. Links to original articles shall be included to the maximum extent possible. Several features must appear on the home page, including:
· An index hyperlinked to the news summaries in the digest.
· A link to download the print version of the digest.
· A search feature allowing the user to retrieve stories from previous issues by key words and phrases, sorting by date or relevance. Daily digests and news summaries must be archived for access by Department employees through the course of this contract.
· Widgets for live news- and Twitter feed.
· Any additional contractor suggested features and analytics.
Video
PAGE 9 OF 24 91990019Q0020
Social media, YouTube or other new site video links in the briefing and on the micro site are encouraged.
All web pages developed under this work statement shall meet the technical standards for website accessibility under Section 508 located at 36 CFR 1194.22. These pages are subject to testing by the Department’s Assistive Technology program and all Section 508 violations discovered during this testing process are remediated at no additional cost to the Department.
G. Government Furnished Information (GFI)
The following item shall be provided by the Department to the contractor to facilitate the execution of this task order.
The Department will provide to the contractor a list of employees to whom the daily news digest shall be emailed by 7:30 a.m. weekdays, excluding federal holidays.
PAGE 10 OF 24 91990019Q0020
Instruction to Offerors
Addendum FAR 52.212-1- Instruction to Offerors- Commercial Items for Daily News Digest “Newsclippings”
The Department seeks to award a contract to a qualified offeror for Newsclipping; the contract will have a 12-month base period and four (4) 12-month option periods.
The offeror shall show a thorough understanding of the required tasks, as specified in the Performance Work Statement (PWS). The technical quote should address the requirements in the PWS, not simply repeat the language. The quote shall be written in enough detail so that a review panel can adequately judge its full merits.
Although the PWS spells out the objectives/ deliverables, it is up to the vendor to propose the most effective plan to meet these objectives. The vendor is encouraged to exercise independent judgment with respect to the best methods of attaining the objectives of this requirement.
The offeror's submission shall consist of two volumes: Volume I: Technical Quote, and Volume II: Business Quote. All information necessary to judge the technical soundness and management capabilities of the offeror shall be contained in the technical quote. The technical quote shall NOT contain any reference to specific price or cost. The business quote will contain all information related to the determination of the price associated with each of the courses.
Volume I- Technical Quote
The technical quote shall illustrate the offeror’s approach for satisfying the requirements contained in this solicitation. The technical quote must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror's quote against the technical evaluation criteria. Offerors should not expect the technical evaluation panel to make assumptions or guesses; the quote must be detailed and not vague. It must disclose the offeror’s technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements outlined below.
The technical quote shall be limited to a maximum of 10 single-spaced 8.5 x 11 inch pages using font size no smaller than 12 points, with margins no smaller than 1 inch on every side. The page limit includes the narrative and corresponding tables and graphics. Specifications pertaining to font size and spacing do not apply to tables, figures, or exhibits. Any pages over 10 shall not be considered. Appendix 1, resumes, and letters of commitments (if applicable) do not count towards the 10 page limit.
Vendors shall follow the format and content requirements detailed below in preparing their technical quote. Technical quote shall consist of the sections outlined below.
1. Cover Page The cover page shall include the project title, name, DUNS number, list of subcontractors (if applicable), and contract information of the Offeror’s authorized official for contract administration, and the name and contact information for the Offeror’s negotiators for the technical quote. (Does not count towards page count).
2. Table of Contents The Table of Contents should provide a clear guide to the organization of the quote, including page number references. (Does not count towards page count).
PAGE 11 OF 24 91990019Q0020
3. Technical Approach This section should fully describe the technical and theoretical approach the offeror shall employ in complying with the PWS. While a general statement of strategy is appropriate, procedures should be specific with regard to each task, and should reflect efficient utilization of the offeror's resources. The offeror should identify potential and/or anticipated problems and suggest proposed variations in the design of the work, the time frame for completing tasks, and/or deliverable due dates that may facilitate successful completion of the scope of work’s tasks and objectives. The offeror should demonstrate in its technical approach a thorough understanding of media monitoring.
Appendix 1 (does not count to page length)- The offer shall provide a sample “Daily News Digest” briefing, so that the Department can evaluate the form, layout, and quality of work that is produced. This sample digest does not need to be Education specific, if the offeror does similar work for a different federal agency, but should be close enough to the requirements in the PWS that the evaluation panel can make an honest assessment.
4. Staffing Plan The offeror shall propose a team with appropriate knowledge, skills and abilities to support the Education Department’s goals and objectives for this project. The quote shall describe the qualifications of key personnel, detailing their competencies and experience in performing work of similar size and scope to that outlined in the PWS, and describing their role in the project. The offeror’s selected staff must possess particular knowledge and skills in the following areas: news gathering, news judgment and website management.
The contractor shall include specifics about the level of effort invested in the project by all personnel proposed for this project. The proposed staff section should indicate clearly the relationship between past staff experience and proposed task assignments under this purchase order. Brief resumes shall be included for all staff for this requirement, including key staff from subcontractors, and consultants. Resumes should document only directly related experience, educational background, publications, and professional activities. All resumes should share a common format and organization. If applicable, a letter of commitment from all proposed consultants and staff not currently employed by the offeror should be included.
5. Experience and institutional capacity This section should demonstrate the offeror’s organizational capacity and ability to carry out all phases of work associated with the major activities stated in the PWS.
6. Management Plan The offeror shall provide a description of the management control system to be used for planning, scheduling, budgeting, managing, and carrying out the project.
Volume II- Business Quote
There is no page limitation to the Business Volume, however, the volume shall provide a complete cost build-up to include the identification of proposed labor categories by named individuals, level of effort, direct costs, other direct costs, and indirect costs of the base period and all option periods. This information will be submitted on an unlocked Excel Spreadsheet.
Other Details:
• The business quote shall list the names and telephone numbers of persons authorized to conduct negotiations;
PAGE 12 OF 24 91990019Q0020
• The business quote shall include a statement to the effect that the offer is firm for a period of at least 120 calendar days from the date of receipt of offers specified by the Government;
• If subcontractors are proposed, a separate price buildup should be submitted for each proposed subcontractor, and these prices should also be included in the prime's total firm-fixed price. It should be clear which costs are associated with the prime contractor and which costs are associated with subcontractors.
Submission Instructions
All questions in response to this solicitation must be received at or before 10:00am Eastern Time on May 22nd, 2019. Questions shall be submitted electronically to the points of contact listed below:
• Brigid Lochary, Contracting Officer (Email: Brigid.Lochary@ed.gov)
• Erik Robertson, Contract Specialist (Email: Erik.Robertson@ed.gov)
The technical and business quote shall be submitted as separate volumes (see details below) but may be submitted in the same email. When possible, the technical quote and its appendices should be combined into a single document. The business quote shall be submitted MSWord or PDF, but the offeror may also submit supporting Excel documents. The technical and business quotes must be received at or before 10:00am Eastern Time on June 05th, 2019. Quotes shall be submitted electronically to the points of contact listed below:
• Brigid Lochary, Contracting Officer (Email: Brigid.Lochary@ed.gov)
• Erik Robertson, Contract Specialist (Email: Erik.Robertson@ed.gov)
The Department’s email system cannot accept emails larger than 20MB. Please only include the solicitation number in the subject line of the email as the email will be sent to junk mail if the subject line has too many characters.
(End of Provision)
PAGE 13 OF 24 91990019Q0020
Evaluation Criteria
Addendum FAR 52.212-2- Evaluation- Commercial Items Evaluation Criteria for Daily News Digest
“Newsclippings”
Basis for Award
The Government will award one contract utilizing the guidance provided under FAR 13.106-1(a)(2). A tradeoff methodology will be employed during the evaluation in order to identify the best value. All evaluation factors other than price, when combined, are more important than price, with the following technical evaluation factors being of equal importance.
Volume I- Technical Quote
Factor 1 – Technical Approach Factor 2 – Staffing Plan Factor 3 – Experience and Institutional Capacity Factor 4 – Management Plan
The following evaluation scale will be applied to the quotes:
EVALUATION SCALE
SUPERIOR
The quote is superior and greatly exceeds the Department’s requirements.
The Offeror’s proposed solution is of the highest quality and thoroughly justified or substantiated. In total, the solution does not contain inconsistencies or incompatibilities and, as a whole, presents a consistent solution that is sound. The quote has a strength(s) in meeting the solicited requirements which is not offset by a weakness(es), and the solution does not contain any deficiencies. Overall, the proposed solution presents minimal risk to the Department.
SATISFACTORY
The quote is satisfactory and meets the Department’s requirements.
The Offeror’s proposed solution is of satisfactory quality and well justified or substantiated. In total, the solution contains minor or insignificant inconsistencies or incompatibilities and, as a whole, presents a consistent solution that is satisfactory. The quote has a strength(s) and weakness(es) in meeting the solicited requirements, but the strengths outweigh the weaknesses, and the quote does not contain any deficiencies. Overall, the proposed solution presents a low risk for the Department.
MARGINAL
The quote is susceptible for improvement and fails to satisfy the Department’s requirements.
The Offeror’s proposed solution contains insufficient
PAGE 14 OF 24 91990019Q0020
evidence demonstrating that it is of a satisfactory level of quality and it cannot be determined if it is justified or substantiated. In total, the solution contains inconsistencies that results in it being marginal. The quote may have a strength(s) in meeting the solicited requirements; however, they are offset by either significant weakness(es) and/or deficiency(ies). Overall, the quote represents moderate to high risk for the Department.
UNSATISFACTORY
The quote is unsatisfactory and fails to satisfy the Department’s requirements.
The Offeror’s proposed solution is unsatisfactory and is not reasonably justified or substantiated. In total, the solution contains numerous inconsistencies, significant weaknesses, and deficiency(ies) and, as a whole, presents an inconsistent solution that is unsatisfactory.
The quote may contain a strength(s), however, any strengths are outweighed by the significant weakeness(es) and/or deficiency(ies) The quote has little to no chance of success and correction would require extensive revision that amounts to a major rewrite in order to be rated as acceptable. The quote represents a high risk for the Department.
The following definitions shall be considered when evaluating the proposed solution:
Definitions
• Strength - An attribute in the quote, which can be beneficial to the program or greatly increase the probability of successful contract performance.
• Weakness - An attribute in the quote that is a flaw that increases the risk of unsuccessful contract performance.
• Significant Weakness - An attribute in the quote that is a flaw and appreciably increases the risk of unsuccessful contract performance.
• Deficiency - A material failure of a quote to meet a Government requirement, or a combination of significant weaknesses in a quote, that increases the risk of unsuccessful contract performance at an unacceptable level.
• Risk: An element of the quote that could potentially impact the performance.
Factor 1- Technical Approach Technical approach shall be evaluated by the degree to which the proposal demonstrates a proposed solution that fully meets the requirements of the Performance Work Statement(PWS).
Appendix 1- The sample “Daily News Digest” will be evaluated by the degree to which the sample demonstrates a form, layout, and quality of workto meet the Department’s requirements as stated in the PWS.
Factor 2- Staffing Plan The offerors’ proposed staffing plan shall be evaluated by the degree to which it satisfies the stated requirements, as outlined in the PWS, and possess the qualifications, experience and skills necessary to successfully fulfill the roles. The proposed level of effort for each individual shall be commensurate to satisfying the individual’s role and responsibilities.
PAGE 15 OF 24 91990019Q0020
Factor 3- Experience and Institutional Capacity The offerors’ experience and institutional capacity will be evaluated by the degree it satisfies the stated requirements. The Government reserves the right to consider an offeror’s past performance record in determining the final rating assigned to this Factor. No submission for Past Performance is required; the Government reserves the right evaluate in accordance with FAR 13.106-2(a)(3).
Factor 4- Management Plan The proposed management plan will be evaluated by the degree to which it provides sufficient and adequate managerial oversight to ensure that the proposed technical solution is properly managed and monitored and that all deliverables and services are of high quality and supplied in a timely delivery.
Volume II- Business Quote A contractor’s proposed prices will be determined by the figures/prices identified in the submission, with the price evaluation considering the reasonableness and affordability of the proposed total evaluated price. If applicable, the quote will also be compared with the Wage Determination to ensure Labor Rates are in line with it.
Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six (6) months of the offeror's final option period price to the offeror's total price.
Offerors are required only to price the base and option periods. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option periods), utilizing the rates of that performance period.
If deemed necessary, the Government may conduct additional price analysis techniques.
PAGE 16 OF 24 91990019Q0020
52.203-3 GRATUITIES (APR 1984)
(Reference 52.203-3)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) (Reference 52.203-12)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (APR 2014)
(Reference 52.203-17)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(Reference 52.204-7)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(Reference 52.204-13)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)
(Reference 52.204-16)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)
(Reference 52.204-18)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(Reference 52.209-7)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
(Reference 52.212-1)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(Reference 52.212-2)
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
(Reference 52.212-4)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(Reference 52.223-6)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(Reference 52.232-39)
52.233-1 DISPUTES (MAY 2014)
(Reference 52.233-1)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(Reference 52.233-2)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(Reference 52.233-3)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
(Reference 52.233-4)
52.242-13 BANKRUPTCY (JUL 1995)
(Reference 52.242-13)
PAGE 17 OF 24 91990019Q0020
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(Reference 52.246-4)
3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)
(Reference 3452.202-1)
3452.208-71 PRINTING (MAY 2011)
(Reference 3452.208-71)
3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011) (Reference 3452.224-70)
3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)
(Reference 3452.227-70)
3452.227-71 ADVERTISING OF AWARDS (MAY 2011)
(Reference 3452.227-71)
3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)
(Reference 3452.227-72)
3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)
(Reference 3452.237-71)
3452.239-71 NOTICE TO OFFERORS OF DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)
(Reference 3452.239-71)
3452.239-72 DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)
(Reference 3452.239-72)
3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)
(Reference 3452.242-71)
3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES (MAY 2011) (Reference 3452.242-73)
52.202-1 DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR
2.101 in effect at the time the solicitation was issued, unless--
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
ITEMS (JAN 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
PAGE 18 OF 24 91990019Q0020
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 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:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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 (June 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).
XX (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).
XX (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 Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011) of 52.219-6.
(iii) Alternate II (Nov 2011) of 52.219-6.
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Aug 2018) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(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).
XX (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 (SEPT 2016) (E.O. 11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
PAGE 19 OF 24 91990019Q0020
XX (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.
XX (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 7 and E.O. 13627).
XX (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(R) -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(R) -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(R)-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. 13693).
XX (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).
XX (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) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.
2307(f)).
(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).
PAGE 20 OF 24 91990019Q0020
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(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:
(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).
(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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, 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) 52.219-8, 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.
(v)52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
PAGE 21 OF 24 91990019Q0020
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).
(xiii) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.
13627).
(xiv) 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.)
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts…
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