Acq_Support_Solicitation_09-19-2018.pdf

INSTRUCTIONS TO VENDORS

September 19, 2018

To: All Interested Vendors

From: United States Agency for Global Media

Subject: Request for Proposal (RFP) – Life Cycle Contracting and Acquisition Management Support Services

The Unites States Agency for Global Media (USAGM) is issuing this request for proposal for the purpose of entering into an Indefinite Delivery Indefinite Quantity contract for Life Cycle Contracting and Acquisition Management Support Services to support the USAGM Office of Contracts and its customers by providing a broad range of procurement-related services to enhance and augment the agency’s acquisition function. The Government may issue task orders on either a Firm Fixed Price basis, or on a Time-and-Materials basis.

The USAGM will conduct this acquisition using FAR Subpart 13.5 under the Federal Acquisition Regulation. If you are interested in this acquisition, you may participate by submitting your response in accordance with the following instructions.

The Vendor is required to submit a proposal to the Contracting Officer for the purposes of assuring that the prospective vendor is fully cognizant of the scope of this contract and has the capability to deliver the requirements detailed in the following pages.

QUESTIONS

Submit all questions via email to Tisa Harvin at tharvin@bbg.gov no later than noon, EDST, September 18, 2018.

PROPOSAL DUE DATE

If you are interested in this acquisition, please submit your proposal before the due date and time for this solicitation via email to Tisa Harvin tharvin@bbg.gov. The due date and time for receipt of proposals is Monday, September 24, 2018, no later than 10:00 AM EDST.

ANTICIPATED AWARD DATE

The agency anticipates making an award on or around September 27 – 28, 2018.

mailto:tharvin@bbg.gov mailto:tharvin@bbg.gov

COMBINED SYNOPSIS AND SOLICITATION

In accordance with FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, the following information for the combined synopsis/solicitation is hereby provided:

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

Solicitation 951700-18-Q-0156 is issued as a request for proposal (RFP) for a single-award Indefinite Delivery – Indefinite Quantity (IDIQ) contract.

The solicitation and its incorporated provisions and clauses in effect are those through Federal Acquisition Circular 2005-99 effective June 15, 2018.

The associated NAICS code is 541611 - Administrative Management and General Management Consulting Services

A description of the requirements, dates/places of performance are provided in the Statement of Work.

100% Woman Owned Small Business Set Aside – This procurement has been set aside in its entirety for Women Owned, Small Business concerns; therefore, only business concerns within this socioeconomic category may submit responses to this solicitation.

PROPOSAL SUBMISSION REQUIREMENTS

The Proposal shall be submitted as follows:

1.) Text - Text shall be at least single-spaced, with a minimum one-inch margin all around. Pages shall be numbered consecutively. Pages submitted in excess of the page limitations stated throughout this document will be removed and not evaluated.

2.) Font Size - Print shall be of a minimum 12-point font size spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

3.) Pricing Data – Any and all pricing information shall only appear in the Price Proposal (as outlined in Section A – Price Volume below).

4.) Submission – Text and graphics portions of the electronic copies shall be in a format readable by Microsoft (MS) Office 2010, MS Word 2010. Data submitted in spreadsheet format shall be readable by MS Office 2010, MS Excel 2010. All Price information shall be in files separate from Technical Approach.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P284_48544

Chapter /Title Page Limits Copies Price Volume 5 pages Electronic Technical Volume 10 pages Electronic Past Performance Volume N/A Electronic

PROPOSAL CONTENT REQUIREMENTS

A.) TECHNICAL VOLUME

The Scope of Work (SOW) describes the type of work that the Government may order under the base IDIQ contract. The vendor shall use the scope of work along with any other applicable portions of the RFP as a basis for preparing a technical response. The technical volume is limited to ten (10) pages.

The contractor’s technical response shall address the following:

i) The vendor shall describe its overall management plan for providing the required services.

The plan shall include a brief discussion of how the vendor will ensure quality of deliverables (e.g., what internal performance metrics will be employed), as well as how it will approach various technical requirements specified in the SOW and attachments, if any are included in the solicitation.

ii) The Vendor shall describe the experience and professional qualifications of its proposed contractor personnel.

iii) The vendor shall submit the name of the main point of contact who will be responsible for the work to be performed under the contract and shall identify the individual’s specific responsibilities.

iv) The vendor shall propose a mix of labor categories and shall provide labor category descriptions of proposed labor categories (and required personnel qualifications) that will satisfy the requirements of the SOW.

B.) PRICE VOLUME

i) The vendor shall submit its “rate card” (table with fully burdened labor rates for each applicable contract labor category for each year of performance) to allow the Government to determine whether the proposed fully burdened labor rates are fair and reasonable.

ii) In addition, to aid the Government in its evaluation of a total price, the contractor shall submit its total estimated price for the performance of the first task order (Attachment 1), which requires two fulltime equivalent (FTE) expert contract specialists, each working 1,880 hours per year under a 1-year task order with four one-year optional periods of performance.

C.) PAST PERFORMANCE/SIMILAR EXPERIENCE VOLUME

In evaluating past performance and similar experience, the agency will assess the degree to which the Vendor has experience providing services of similar scope and complexity on contracts for the acquisition of acquisition services. To provide for a meaningful evaluation of the Vendor’s past performance and similar experience, the Vendor shall submit a description of at least three prior contract references performed within the last five years and respective client contact information.

The purpose of evaluating the Vendor’s past performance and experience performing projects of similar size, scope, and complexity to the requirements of the solicitation is to determine the agency’s level of confidence in the probability of a Vendor’s successful performance of the contract. The Government will use the following descriptors to characterize its level of confidence: High Confidence, Moderate Confidence, and Low Confidence.

When evaluating the Vendor’s past performance on projects of similar size, scope and complexity, the evaluators will consider elements, such as the Vendor's rate of successful performance, quality and timeliness of delivery of services, effective management of subcontractors, cost management, level of communication with the client, proactive management, and customer satisfaction.

If a Vendor does not have a history of relevant contract experience, or if past performance information is not available, the Vendor will receive a neutral past performance rating (moderate confidence level), which is neither favorable or unfavorable. Because experience is essential to the successful performance and outcome of this contract, there is a low likelihood that the Government will make an award to an Offeror without a history of relevant experience.

The Government will also consider the recorded evaluations of each offeror’s past performance, if any, in the Past Performance Information Retrieval System (PPIRS). The USAGM reserves the right to consider, in addition to the Past Performance information provided by the Vendor, information obtained from any other sources readily available to the Government.

EVALUATION

The USAGM will evaluate the vendor’s proposal against the requirements of this solicitation. The agency will evaluate proposals on the basis of its technical submission, past performance/similar experience, and price.

Evaluation factors include but are not limited to the following:

1) Technical submission - Overall capability of the Vendor to provide the required services as demonstrated by its proposal. Specifically, the agency will evaluate the Vendor’s management plan and the qualifications of its proposed personnel.

2) Past Performance – The agency will evaluate the degree to which the Vendor’s past performance and similar experience provide the agency with an acceptable degree of confidence in the Vendor’s ability to successfully perform the requirements of the contract. The purpose of evaluating the Vendor’s past performance and experience performing projects of similar size, scope, and complexity to the requirements of the solicitation is to determine the agency’s level of confidence in the probability of a Vendor’s successful performance of the contract.

3) Price – The agency will evaluate the Vendor’s fully burdened rates for fair and reasonable pricing and will evaluate the total estimated price for the performance of Task Order 1 (Attachment 1), which requires two fulltime equivalent (FTE) expert contract specialists, each working 1,880 hours per year. The agency will evaluate the total estimated price for all five (5) periods of performance, plus the amount for six (6) months of services, should the Extension of Services clause be exercised.

The six-month extension will be evaluated based on the rates of the final optional period of performance.

ORDERING PERIOD

The ordering period of this contract consists of a five (5) year ordering period beginning on September 28, 2018 through September 27, 2023.

There are no optional periods of performance, other than the Option to Extend Services, in accordance with FAR 52.217-8, which is included in full text elsewhere in this contract.

CONTRACT AWARD

The Government intends to award a contract to the vendor, whose proposal, in conforming to this solicitation, is evaluated as the proposal most likely to result in successful contract performance at a fair and reasonable price, thus providing the agency with a best value solution. The Government will make this determination based on factors other than price alone.

Sincerely, Tisa Harvin Team Lead Contracting Officer

United States Agency for Global Media

UNITED STATES AGENCY FOR GLOBAL MEDIA

LIFE CYCLE CONTRACTING AND ACQUISITION MANAGEMENT

SUPPORT SERVICES

STATEMENT OF WORK

SECTION I. ADMINISTRATIVE INFORMATION

I.1 Contract Type This is an Indefinite-Delivery/Indefinite-Quantity Contract under which task orders may be issued on a Firm Fixed Price basis, or on a Time-and-Materials basis. Services provided under this contract are non-personal services in nature.

I.2 Ordering Period The ordering period of this contract consists of a five (5) year ordering period beginning on September 28, 2018 through September 27, 2023.

There are no optional periods of performance, other than the Option to Extend Services, in accordance with FAR 52.217-8, which is included in full text elsewhere in this contract.

I.3 Place of Performance The Contractor shall provide services under this contract on site within the United States Agency for Global Media headquarters building located at 330 Independence Ave, SW, Washington, D.C.

Telework or remote work is not authorized; however, the Contracting Officer may consider exceptions to this provision on a case-by-case basis when the Contractor requests it in writing no less than one business day in advance.

I.4 Guaranteed Minimum Ordering Amount The Government guarantees the Contractor that it will place task orders under this contract totaling a minimum of $75,000 over the first year of the contract.

I.5 Estimated Maximum Value The maximum value of services to be ordered under this contract throughout its ordering period is not expected to exceed $4,000,000.00

I.6 Contract Ceiling Price Ceiling prices will be determined at the task order level. When estimated ceiling prices are stated on task orders awarded under this contract, the contractor shall not make expenditures nor incur obligations in the performance of those task orders, which would result in exceeding the stated ceiling prices, except at its own financial risk.

If a task order is funded for an amount lower than the estimated ceiling price, then the government’s liability under that task order shall be limited to the amount of funds allotted to the task order in accordance with the limitation of funds clause, FAR 52.232-22 (Apr 1984), with the exception that all references to “cost sharing contracts” are stricken.

I.7 Funding The amount of funds available for performance of each task order will be stated in each task order.

When an amount of funds is stated in a task order, that amount will be the limit of the Government’s liability to the Contractor, notwithstanding the stated ceiling price. The contractor shall not perform work that would result in exceeding the stated amount of funds, except at its own financial risk.

I.8 Hourly Labor Rate Table The following labor categories and rates apply throughout the ordering period of the contract. The rates listed are fully burdened and include all direct and indirect costs, overhead, G&A, fringe benefits, and profit associated with the contract throughout its ordering period. The following tables provide labor categories and rates applicable to task orders awarded under this contract.

Hourly Labor Rates

Labor Category Hourly Rate

$TBD

$TBD

$TBD

$TBD

I.9 Additional Labor Categories The agency will award task orders under this contract using only the labor categories listed herein.

In the event that additional (new) labor categories are required, the Contracting Officer will negotiate them with the Contractor and will incorporate the new rates and their respective Labor Category Descriptions into the contract by executing a bi-lateral contract modification. The Contracting Officer may elect to do this at the task order level.

I.9 Travel Contractor travel is not authorized under this contract.

END OF SECTION

SECTION II. SCOPE OF WORK

II.1 BACKGROUND

The United States Agency for Global Media (USAGM) is an independent Federal agency of the U.S. Federal Government. The USAGM operates one of the world's largest news media networks, bringing news, information, and relevant discussions to a weekly audience of over 278 million people worldwide, in over 100 countries in over 60 languages via radio, television, Internet, and social media. The USAGM network is comprised of five major international broadcasters: the Voice of America (VOA), Office of Cuba Broadcasting (OCB), Radio Free Europe/Radio Liberty, Radio Free Asia, and the Middle East Broadcasting Network. Together, our networks carry out a shared mission vital to U.S. national interests: "to inform, engage, and connect people around the world in support of freedom and democracy."

Our agency is unique in the Federal government: we create, produce, and broadcast news around the world. We do so for people whose governments limit or block their people's access to a free press, or who simply lack sources of reliable news on events in their own countries, the United States, or around the world. A statutory firewall ensures that our agency has editorial independence, meaning our news is free from any partisan or political interference, and adheres to the "highest professional standards" of journalism. We develop and utilize cutting edge software and IT tools to get through the firewalls of countries like Iran and China which seek to block their people's access to news and information.

The Office of Management Services (OMS) is the organization within the USAGM that provides the administrative support services of security, human resources, workforce support and development, civil rights, and procurement. The Office of Contracts (CON) within OMS is responsible for the procurement activities of the USAGM, including VOA and OCB. Some of CON’s procurements support its non-federal entities.

II.2 PURPOSE

The purpose of this contract is to augment the capabilities of the Office of Contracts (CON) for providing enterprise-level contracting support to the agency and its two networks. The objective of this task order is to obtain life cycle contracting support and acquisition management support services that will enable CON to carry out its mission support function.

Life cycle contracting support services includes those contracting activities necessary for conducting market research, defining and documenting requirements, planning acquisitions, soliciting offers and quotes, evaluating and selecting sources, obtaining required reviews and approvals, executing and administering contracts, and closing out contracts.

Acquisition management support services includes those activities which provide data, information, analyses, viewpoints, process improvements, policy recommendations, and other inputs requested by CON management to support strategic and operational decision making.

II.3 CONSTRAINTS

Activities described in this Statement of Work are governed by a hierarchy of federal laws, statutes, regulations, executive orders, policies, guidelines, and directives, which include, but are not limited to the following:

• Federal Acquisition Regulations (FAR)

• USAGM Procurement Policies

An “inherently governmental function” is defined in FAR 2.101 as a function that is so intertwined with the public’s interest that it requires performance by government personnel. FAR 7.5 sets forth the federal policy on inherently governmental functions as it relates to contracts. The Contractor is prohibited from performing any function that is inherently governmental.

II.4 SAMPLE TASKS

This section describes the types of service that the agency may order under this contract. The list is only an example and is not exhaustive. When ordered by written task order, the Contractor shall provide the acquisition support services described below.

II.4.1 NEW PROCUREMENTS

New procurements are requirements that will result in the execution of a contract, task order, delivery order, or purchase order. It excludes all actions that will result in a modification or amendment of a contract or order. Agency programs and offices initiate procurements by submitting purchase requests (PRs but referred to as “IQs” at USAGM) to CON along with supporting documentation. Documentation includes:

• Completed CON-prescribed procurement action forms,

• Complete description or specifications for required services or products,

• Independent government cost estimates,

• Market research reports,

• Acquisition plans,

• Records of required internal reviews,

• Evaluation and source selection criteria,

• Certification of availability of sufficient funds, and

• Other documentation that might be required by federal regulations and agency policies.

II.4.1.1 PROCUREMENT PLANNING AND DOCUMENTATION

For assigned requirements, the Contractor shall provide proactive assistance to requesting programs and offices to ensure that IQs are complete and adequate for proceeding with procurement action. Assistance may include providing:

• Relevant historical procurement information and current market/industry information,

• Advice on the impact on requirements of applicable laws, regulations, policies, and procedures,

• Assistance in conducting and documenting market research activities.

• Assistance in developing independent cost estimates,

• Samples of or templates for required documentation,

• Writing assistance in the preparation of Statements of Work, Performance Work

Statements, Statements of Objectives, and other documents,

• Advice on appropriate acquisition strategies and other elements of acquisition planning, including assessments of alternatives and risks and consideration of sourcing priorities,

• Advice on establishing procurement milestones,

• Assistance with development of quality assurance surveillance plans, and

• Assistance with obtaining requisite reviews and approvals.

The desired result for activities under this subtask is that programs and officers receive the necessary assistance to put together procurement packages that are complete and acceptable to Contracting Officers for procurement processing.

II.4.1.2 SOLICITATION AND EVALUATION OF OFFERS OR QUOTES

The Contractor shall conduct procurement processing of approved IQs, which include complete procurement packages in accordance with approved acquisition plans. Procurement processing encompasses the following activities.

II.4.1.2.1 ACTIVITIES PRECEDING RECEIPT OF OFFERS OR QUOTES

(a) Developing appropriate solicitation documents (i.e., Requests for Proposals, Requests for Quotes, Invitation for Bids, and Combined Synopsis/Solicitations).

(b) Assembling, tabbing, and indexing the administrative file.

(c) Publishing appropriate pre-solicitation and solicitation notices for the vendor community through appropriate channels (i.e., FedBizOpps, GSA eBuy, and/or agency website).

(d) Preparing offering letters and associated documentation for requirements that are intended to be procured under the Small Business Administration 8(a) Business Development Program and facilitating communication with the Small Business Administration.

(e) Interfacing with and facilitating communication with servicing agencies, as necessary, whenever requirements will be procured using government-wide acquisition contracts (GWACs).

(f) Assisting with the preparation and review of proposal/quote evaluation plans, and the appointment of evaluators.

(g) Obtaining appropriate reviews, concurrences, and approvals of solicitation packages.

(h) Coordinating and facilitating communication with the vendor community.

(i) Assisting with pre-proposal conferences and other meetings.

(j) Providing guidance and instructions to evaluators.

The intended results for all activities under this subtask are (1) the release to the vendor community of legally sufficient solicitations that enhance the potential of the Government for receiving responses that will satisfy its requirements, and (2) the preparation of the Government to conduct source evaluation procedures that will lead to proper source selection decisions.

II.4.1.2.2 ACITIVITIES SUCCEEDING RECEIPT OF OFFERS OR QUOTES

(a) Providing assistance for controlling communications with the vendor community.

(b) Facilitating technical and past performance evaluation discussions and assisting with the scoring and ranking of offers and quotes.

(c) Performing analyses of business elements and pricing information of offers and quotes, identifying negotiation objectives, assisting with discussions and negotiations, and documenting findings and results.

(d) Assisting with the documentation of technical and past performance evaluations and source selection recommendations.

(e) Preparing award documents and supporting documentation and organizing materials to facilitate reviews.

(f) Obtaining appropriate reviews, concurrences, and approvals of award packages.

(g) Facilitating execution of awards and distribution of official copies.

(h) Completing procurement data reports.

(i) Publishing appropriate notices of award and coordinating and participating in debriefings of unsuccessful offerors.

The intended result of all activities under this subtask is the execution of legally sufficient awards for the Government’s requirements on the basis of approved source selection decision criteria.

II.4.2 CONTRACT ADMINISTRATION

Contract administration encompasses the activities associated with ensuring that the contractual obligations of Government and vendors are met. Contract administration begins with the execution of the contract and ends with administrative closeout. The Contractor shall perform contract administration for assigned contracts. Contract administration activities include, but are not limited to the following:

(a) Conducting post award orientation meetings with vendors and Contracting Officer’s

Technical Representatives.

(b) Maintaining official contract files.

(c) Taking appropriate action for appointments and terminations of appointments of Contracting Officer’s Technical Representatives.

(d) Assisting with the tracking, review and processing of invoices, and making appropriate recommendations on payment.

(e) Maintaining communication with Contracting Officer’s Representatives (CORs) on matters of contractor performance and taking appropriate actions in response to performance issues.

(f) Coordinating periodic reviews of the Contractor’s performance.

(g) Providing timely notices of the Government’s intent to exercise options, when appropriate.

(h) Preparing administrative and other contract and task order modifications with associated documentation.

(i) Taking appropriate action on vendor administrative requests.

(j) Reviewing and making recommendations on contractor claims.

(k) Ensuring the orderly and timely closeout of physically complete contracts.

II.4.3 ACQUISITION MANAGEMENT SUPPORT SERVICES

Acquisition management support activities vary according to the specific requests for assistance by CON management. Activities may include, but are not limited to the following:

• Conducting subject matter briefings and/or preparing appropriate briefing materials.

• Preparing issue papers on selected topics.

• Conducting research and data gathering on acquisition-related issues.

• Participating in meetings and working groups.

• Executive-level acquisition advisory support services, such as providing the office director with advisory support in strategic planning, assessment of the acquisition function at the agency, and conducting studies to determine appropriate staffing levels.

• Acquisition policy support services, such as providing support with the recommendation, writing and development of acquisition policy, assessment of agency acquisition workforce skills to determine training needs, and assessment of effectiveness of procurement-related internal controls.

The Contractor shall perform acquisition management support services in response to specific, written requests from CON’s Contracting Officer’s Representative.

II.5 Skill and Relevant Experience Requirement The contractor shall have the personnel, organization, and administrative controls necessary to ensure that each task is completed satisfactorily. Personnel, identified in the contractor’s staffing plan shall be considered essential to this contract. The Contractor shall provide evidence, such as resumes, that shows proposed personnel possess the proper qualifications and experience required to perform the requirements of this contract.

Contractor personnel shall have demonstrated experience, documented in their resumes, referencing the required skills for successfully completing these tasks. All personnel shall be fully trained and ready to perform the tasks of this contract.

END OF SECTION

SECTION III. CLAUSES

III.1 Commercial Clauses

III.1.1 FAR 52.212-4 (Jan 2017) is incorporated by reference with its Alternate I (Jan 2017) for Time-and-Materials contracts.

III.2 FAR 52.212-5 (JUL 2018) is included in full text below:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUL 2018)

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

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

(4) 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:

___ (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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

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

6101 note).

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

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

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

_X_ (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.)

_X__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (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.

___ (41) (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.

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X__ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

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

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

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

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

____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 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).

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

5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 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.

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

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

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

(x) 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.

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

13627).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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

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

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ___9/28/2018__ through __9/27/2023_.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (OCT 1995)

a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __$10,000___ , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of __$4,000,000____;

(2) Any order for a combination of items in excess of ___$4,000,000_____; or

(3) A series of orders from the same ordering office within _____5________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __15___ business days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-11 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after __9/27/2024____.

(End of Clause)

III.3 Storage of USAGM Information Contractor-employees not using USAGM-issued laptops may not store USAGM documents on their personal computers/laptops. USAGM documents may be stored on USAGM laptops or on the USAGM network only.

III.4 IT Security and Training Requirements

a) All individuals requiring access to USAGM information technology (IT) systems shall have obtained a favorable pre-employment report from the Office of Security and have completed the required IT security awareness training prior to accessing USAGM IT systems. If eligible, access will be granted in accordance with their security clearance, their need-to-know, and their position/category.

b) Once the Contracting Officer or his/her designee receives a favorable pre-employment report from the Office of Security, upon issuance of a USAGM Contractor badge, and prior…