Request_for_Proposal_AG-3198-S-15-0074.pdf

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1. SUPPLIES OR SERVICES AND PRICES/COSTS

1.1. This solicitation is a commercial item, performance based, firm fixed price contract. This solicitation shall be conducted under FAR Part 12 in conjunction with FAR Part 13 procedures.

1.2. The period of performance is a base period of twelve (12) months from date of award, plus four (4) twelve (12) month option periods.

1.3 CONTRACT PRICING

Insert a price breakdown for labor level of effort and total firm fixed price (FFP) information, as required, in the tables below for each period of performance.

Labor Hours/Labor Mix Required to Complete the Task(s).*

Labor Category Rate Proposed Hours

Total Hours and FFP

*For evaluation purpose only

CLIN PRICING

CLIN CLIN DESCRIPTION CLIN

AMOUNT

001 CASH/CLOC Technical Services $

NTE Travel Cost* $

TOTAL $

*Travel in accordance with the Federal Travel Regulation (FTR) contained in 41 Code of Federal

Regulations (CFR), Chapters 300 through 304. This is a cost reimbursable line item. Travel shall not be made unless authorized by the COR. Payment will be made for actual expenses with proper supporting documentation.

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PAYMENT SCHEDULE

CLIN/SUB-

CLIN

PAYMENT CLIN/SUB

CLIN

AMOUNT

PAYMENT

AMOUNT

001.01 $

001.02 $

TOTAL(S) $ $

2. SPECIAL REQUIREMENTS

Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall submit the Quality

Control Plan (QCP) with submission of their proposal. Three copies of a comprehensive QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Security:

The Vendor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The Vendor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security

4 | P a g e and confidentiality of government information, data, and/or equipment. The Vendor’s procedures shall be consistent with Government, OMB Circular A-130, Management of

Federal Information Resources, the Computer Security Act of 1987, the Federal Information

Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Vendor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control; destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information.

It is anticipated that this information will be gathered, created and stored within the primary

Government work location. If the Vendor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Vendor must remove any materials from the primary work location prior approval must be obtained from the COR.

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

(d) Security Classification

The preparation of the deliverables under this contract will be completed at a Sensitive-But-

Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

(e) Facility Access

All Vendor personnel who work at the USDA/FNS site must have approval for facility access;

the Vendor must supply the names and other required information of those employees selected to perform the work to the COR.

(f) Special Requirements

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All work performed must meet and comply with all National Institute of Standards &

Technology (NIST), other government-wide laws and regulations, and USDA and OCIO

(Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include, but are not limited to:

Computer Security Act of 1987

Federal Information Security Management Act (FISMA)

OMB Circular A-130, Management of Federal Information Resources

Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

Presidential Directive Decision 67, Enduring Constitutional Government and

Continuity of Government Operations

Homeland Security Presidential Directive 7

NIST’s Guide for Developing Security Plans for Information Technology

Systems (Special Publication 800-18)

U.S. Government “Plain Language” Guidelines http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

(g) Confidentiality and non-Disclosure

The Vendor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the Vendor are the property of the U.S. Government and cannot be reproduced, or retained by the Vendor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract.

Personnel Security Clearance Requirements-Sensitive-But Unclassified (SBU)

Materials:

The contract provision set forth below covers the basic security standards for Sensitive-But-

Unclassified (SBU) work.

(a) General

(1) The Government anticipates that the work to be performed under this contract may involve access to SBU materials and non-sensitive materials. SBU materials may include, but are not limited to: computer systems and information, Privacy Act protected information, and

FNS proprietary information. Duplication or disclosure of the data and other information to which the Vendor may have access as a result of this contract is prohibited by Public Law.

(2) In general, services performed by Vendor personnel may fall within three (3) “risk” categories as described below:

https://acquisition.gov/far/current/html/Subpart%2017_2.html

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(A) High Risk (MBI): Contract personnel with network administrative rights.

(B) Moderate Risk (NACI): All other contract personnel with access to SBU FNS data or information.

(C) Low Risk (Fingerprint): Contract personnel performing less than 180 days.

(b) Types and Number of Background Investigations Required

(1) Work performed under the contract may fall within one or more of the risk categories defined in paragraph (a)(2) above. As a result, the Vendor’s personnel must undergo a background investigation. The type of background investigation required will be commensurate with the risk factor associated with the duties of each position and the type of access required. Prior to award of the contract, the Contracting Officer’s Representative

(COR) will determine the exact number and types of background investigations that may be required for all Vendor positions. For planning purposes, the Government estimates that the following number and types of background investigations will be needed:

Risk Category Number of Investigations Needed

High Risk (MBI) To be determined at the Task Order level

Moderate Risk (NACI) To be determined at the Task Order level

Low Risk (fingerprints) To be determined at the Task Order level.

(Primarily applies if Vendor personnel are stationed at a Government work location.)

(2) The Vendor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR, have received requisite background investigations. A “Background Investigation Request” form (FNS-775) must be completed by the COR and submitted to the Contract Management Division (CMD) for processing.

(3) During the life of this contract, the Vendor shall ensure that no Vendor or sub Vendor employee commences performance hereunder prior to receipt of authorization from the

Contracting Officer or COR.

(c) Background Investigations Requirements

The minimum investigative requirements are as follows:

(1) High Risk Positions:

The background investigation shall be an MBI (Minimum Background Investigation). The

MBI includes a NACIC, a face-to-face personal interview between the investigator and the subject, and telephone inquiries to selected employers.

(2) Moderate Risk Positions:

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The background investigation shall be a NACI (National Agency Check and Inquiries). The

NACI consists of a NAC, written inquiries and record searches covering specific areas of a subject’s background during the past 5 years.

(3) Low Risk Positions:

The background investigation shall be a Federal Bureau of Investigation Name and

Fingerprint check.

(d) Separation/Termination of Vendor Employees/Completion of Contract

At the completion of the contract or separation/termination of any Vendor employee, a

“Government Vendor Separation Checklist” (FNS-774) must be completed and signed by the

COR and Contracting Officer.

FNS Computer System Access:

To perform this contract the Vendor may require computer access to FNS systems. As necessary, the Vendor shall notify the COR in writing when a Vendor employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access

Request, to the Vendor. The Vendor shall complete the form, obtain approval from the COR, and submit the form to the FNS Security Office staff. The Vendor shall notify FNS when computer system access for employees can be terminated. Written notification to terminate computer access shall be provided by the Vendor to the COR and to the FNS Security Office staff immediately upon termination of any Vendor employee removed from this contract or when access is no longer required. Immediately upon completion of the contract the Vendor shall provide a complete listing of all Vendor employees given access to FNS computer systems with a statement that computer access shall be terminated and complete a

“Government Vendor Separation Checklist” for each Vendor employee. All notifications shall be provided to the COR and the FNS Security staff listed below:

Office of Information Technology

Information Security Office

3101 Park Center Drive, Room 317

Alexandria, VA 22302, (703) 305-2242

Additionally, ALL new contract employees accessing FNS’ systems and/or sensitive data are required to complete Security Training in the OIT Training Room, 3 rd floor, prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A disk or hard copy of the security training may be sent to Vendors whose staffs are performing at off-site locations.

Section 508 – Accessibility of Electronic and Information Technology:

a) This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, 8 | P a g e subsection 508(a)(1) requires that when the Federal Government procures Electronic and

Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility

Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting

Officer determines any furnished product or service is not in compliance with the contract, the

Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the

Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first. To access more information regarding

Section 508: http://www.access-board.gov/sec508/standards.htm.

Data Rights:

The Government has unlimited rights to all programs/documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These mailto:joseph.hodges@fns.usda.gov

9 | P a g e documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational

Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the

Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting

Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the

Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

ADP Compatibility:

The Vendor agrees to comply with both the U.S. Department of Agriculture’s (USDA) and the

Food and Nutrition Services’ (FNS) ADP system security requirements to the extent necessary to meet the requirements of the work herein. All databases created and maintained by the Vendor shall have proper validation and control techniques, and all ADP resources, including data tapes, which become the property of the Government shall be fully documented, both in source code (if any) and written materials. Software documentation shall include, as appropriate (in the determination of the COR), flowcharts; textual explanation of subroutines, processes, and algorithms; screens; and other materials as necessary to ensure that a programmer conversant with the language may maintain the software. Database documentation shall include: variable names and labels; variable locations the source of each data item; the formulas used to compute or transform variables, if any, database structure and relationship; a printout of the data or first

50 pages. Further, all data tapes must be compatible with FNS ADPE. FNS currently performs its computing applications using the MS Windows 7 operating system. Work performed under this contract may require transfer of limited data and text files, as well as extensive data tapes.

Optimum effort shall be general ease of use by FNS personnel of these transferred data tapes and

CD-ROM/DVD. In particular, all physical storage media must be on CD-ROM/DVD formatted to be used with MS Windows 7 compatible software/applications and must be accompanied by accessing and format information. In addition, there may be occasion where some task deliverables will be significantly enhanced by inclusion of data on CD-ROM/DVD, thus allowing further processing and manipulation by FNS staff. Collaboration between the Vendor and the responsible FNS official concerning appropriate computer deliverables may occur during performance of this contract, as appropriate.

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Printing:

Unless otherwise specified in this contract, the Vendor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding

Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract. Provided, however, that performance of a requirement under this contract involving the duplication of less than 5,000 units in the aggregate of multiple pages, will not be deemed to be printing. For the purpose of this paragraph, such pages may not exceed a maximum image size of 10 3/4 by 14 1/4 inches.

Paperwork Reduction Act:

In the event that it becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act, 44 U.S.C., 3501 et seq., shall apply to this contract. In such an event, the Vendor shall not expend any funds to take any other action whatsoever to solicit information from any of the public respondents until the Contracting

Officer has notified the Vendor in writing that the required Office of Management and Budget clearance has been obtained. The Vendor shall provide to the Contracting Officer's

Representative (COR) or to the Contracting Officer such information as will facilitate obtaining such clearance.

3. CONTRACT ADMINISTRATION

Post Award Conference:

Within the two weeks after contract award, the contractor shall provide a draft agenda to FNS and hold a telephone discussion with FNS to schedule the orientation meeting, discuss the agenda and decide who will attend the meeting. Within two weeks of the award of this contract, the contractor shall meet with FNS staff in Alexandria, Virginia. The purpose of this meeting is to refine expectations for the project, initiate working relations, review the contract Study Plan, address any challenges to design approach and/or data collection, and review the schedule of deliverables. Example of specific topics to be addressed at this meeting shall include, but not be limited to:

mutual understanding of project objectives and priorities;

overview of the sample design, data collection activities and data sources;

contract schedule, including milestones, dates for submission of deliverables, and required timeframes for clearance activities (data collection and reports);

formats for reporting data collection and general project progress;

protocols for all communications between the Contracting Officer’s Representative (COR), headquarters and regional FNS staff;

confirmation of subtask staffing; and potential challenges and possible strategies to successfully address them.

Within one week after the orientation meeting, the contractor shall submit to FNS an electronic copy of the draft Summary Memorandum documenting the discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of

11 | P a g e any outstanding issues and strategies for resolving them. The final meeting summary (in electronic form) shall incorporate FNS’s comments and be provided to FNS within one week of receiving FNS feedback.

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract. This authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the

Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer, Contract Specialist have the authority to contact the contractor to discuss costs and/or technical requirements of the contract.

(c) Contact from other government employees could result in unauthorized commitments.

Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting Officer or COR. The

COR must be a part of all contacts and meetings with the contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer or Contract Specialist. All contacts with the contractor must be documented and retained with the COR’s contract correspondence file. As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The contractor shall designate one individual to be contacted during the period of the contract for handle contract administration in a prompt and timely manner:

Name:*

Title:*

Phone:*

Email:*

*to be completed by Contractor

(e) Contracting Officer (CO):

David Lum

USDA Food and Nutrition Service

3101 Park Center Drive, Room 228

Alexandria, VA 22302

(f) Contracting Officer’s Representative (COR):

Martha Shramek

USDA Food and Nutrition Service

Food Distribution Division

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3101 Park Center Drive, 5 th

Floor

Alexandria, VA 22302

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the CO.

Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

Grant deviations from or waive any of the terms and conditions of the contract.

Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

Change the period of performance.

Authorize the purchase of equipment, except as required under the contract.

Authorize the furnishing of Government property, except as required under the contract.

Authorize subcontracting or the use of consultants.

Approve shifts of funding between line items of the budget.

Approve travel and relocation expense over and above that provided for in the contract.

Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work, the contractor shall promptly notify the contracting officer in writing. No action shall

13 | P a g e be taken by the contractor under such direction until the contracting officer has issued a modification to the contract; or until the issue has been otherwise resolved.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502, this contract is subject to CPARS (if over $150,000). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract. CPARS is located at http://nslcptsmh.navsea.navy.mil/. Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual (not more than three) that will be assigned as your Contractor

Representative for CPARS.

Name Phone E-mail Address

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm in accordance with the

“Authorized Payment Schedule” for each contract/task/order. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

mailto:Pamela.martin@fns.usda.gov mailto:Pamela.martin@fns.usda.gov

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9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s

Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

e-mail notification when invoice(s) are paid online payment history remittance download

The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. Attached is a list of contract awards that will be processed via IPP.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via e-mail at: cod.help@usda.gov.

4. CLAUSES

4.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.arnet.gov/far/.

52.212-4 Contract Terms and Conditions—Commercial Items (Jul 2013)

Addendum to 52.212-4

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Sep 2013) mailto:IPPCustomerSupport@fms.treas.gov http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm http://www.access-board.gov/sec508/standards.htm mailto:joseph.hodges@fns.usda.gov

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52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013)

452.204-71 Personal Identity Verification of Contract Employees (Oct 2007)

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status for

Corporate Applicants

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

4.2 Clauses Incorporated In Full Text:

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within 10 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause) http://www.ipp.gov/vendors/index.htm#wp1078175 mailto:cod.help@usda.gov#wp1078175

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AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (Nov 2013)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract

Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Jul 2010) (Pub. L. 111-5).

_X__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

_X__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

_X__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of

Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

_X__ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

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___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (13) (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.

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

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

___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637

(d)(4)).

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

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

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

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_X__ (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar

2012) (E.O. 13126).

_X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

_X__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496).

__X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

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_X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011).

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act

(Nov 2012) (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, Pub. L. 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 (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (42) 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).

___ (43) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

_X__ (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

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__X_ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (52) (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:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41

U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247).

___ (9) 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.

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(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C.

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

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

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(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.

7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--

Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to

Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Jul 2013) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

5. Contract Document, Exhibits, or Attachments

Attachment I – Performance Work Statement (PWS)

Attachment II – Past Performance Questionnaire

Attachm…