Request_For_Quotation_AG-6395-S-15-0169.pdf

Request for Quotation AG‐6395‐S‐15‐0169 United States Department of Agriculture Agricultural Marketing Service – National Organic Program – Accreditation Peer Review Project

NOTES TO QUOTERS

1. Quoters are advised to carefully review quotation submission requirements. See paragraph 1.3, Criteria for Selection and Method of Award. Vendors are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the initial quotation and not assume the Vendor possesses any capability that is not specifically identified in the quotation.

2. Vendors must be registered in the System for Award Management (SAM), including online representations and certifications. Please see www.sam.gov for registration information.

3. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

4. Quotations must include a price for all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of offers will be based, among other factors, upon the total price included on the pricing schedule for all items.

5. The appropriate Department of Labor wage determination(s) applicable to the geographic location(s) of performance identified by the successful vendor will be incorporated in the resultant contract and must be observed, regardless of whether the contractor subsequently changes the place(s) of contract performances.

6. The United States Department of Agriculture is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

7. Questions concerning this solicitation should be directed to Lisa Draves by email at lisa.a.draves@aphis.usda.gov. (See provision 452.204‐70.)

1.0 Price Schedule

The contractor shall furnish all labor, supplies, materials, equipment, and supervision to perform the services stated herein and within the specified timeframe.

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Task 1 1 LS __________ __________ Project Planning, Peer Review Panel Meeting, and Accreditation Sample Selection

0002 Task 2 1 LS __________ __________ Document Review

0003 Task 3 1 LS __________ __________ Summary Report and Draft Peer Review Report

0004 Task 4 1 LS __________ __________ Presentation and NOP Response Review

0005 Task 5 12 EA __________ __________ Monthly Reports

TOTAL PRICE (Items 0001 – 0005) __________

1.1 Contract Type

The NOP anticipates awarding a single fixed price award for this project.

1.2 Period of Performance

One year from contract award.

1.3 Criteria for Selection and Method of Award

Quotations will be evaluated in accordance with 52.212‐2 Evaluation – Commercial Items. (See paragraph 5.0, Solicitation Provisions.)

Evaluation Criteria and Other Requirements

Evaluation Criteria: Quotations will be evaluated in accordance with 52.212‐2 Evaluation – Commercial Items.

Note: This is a best value trade‐off procurement not lowest price. The Government reserves the right to award to other than the lowest quoter. However, the Government will not make an award at a significantly higher overall cost to achieve slightly superior technical expertise.

Quotations must address and will be evaluated based on the following factors:

Factor 1: Price

Vendors shall provide a price for each line item listed in the Price Schedule (paragraph 1.0)

Factor 2: Technical Approach and Capability

This factor relates to the Vendor’s demonstrated technical capabilities.

Vendors shall discuss its approach to conducting peer reviews of agriculturally‐related accreditation programs operated by Federal agencies. It shall include its approach and plan to complete specific projects as they are identified (e.g. how the contractor establishes project‐specific goals and deliverables with the client, how drafts are developed, how reviews are completed, how success is assessed and expectations managed, etc.).

Vendors must provide relevant project experience information that demonstrates they (or their personnel/subcontractors) has relevant experience performing similar tasks for other agencies (Federal, State, or Local) with an accreditation program of similar scope to the National Organic Program.

National Organic Program – Accreditation Peer Review Project

Vendors must provide technical references for at least two (2) and not more than five (5) projects for relevant work performed within the last three years.

Examples of organizations with qualifications appropriate for this form of peer review include:

(1) Organizations that provide third party accreditation services and that assess third party certification bodies against a specific set of standards for conformity.

(2) Organizations with experience in accrediting or assessing organizations involved in overseeing organic agricultural production and handling.

Factor 3: Management Approach and Staffing

This factor relates to the vendor’s approach to managing the project, including the principal staff and Peer Review Panel members assigned to the project and their respective roles and area of expertise.

All panel members must have knowledge or experience with ISO/IEC 17011 or conformity assessment activities. At least two members must have expertise in organic production and handling methods, pursuant to the Organic Foods Production Act (OFPA).

Vendors must provide a description of how they intend to manage and staff the project, and submit resumes of ALL proposed key personnel. Key personnel are defined as the vendor’s proposed principal staff and Peer Review Panel members. All Key personnel must be identified in the quotation.

Factor 4: Past Performance

Vendors must provide past performance references for at least three (3) and not more than five (5) projects for work performed by the Vendor within the last three years.

Past performance is not a measure of technical capability but rather a measure to the degree to which a Vendor has satisfied customers in the past, and complied with federal, state, and local laws and regulations. All things being equal contractors with more relevant past performance will be rated higher. Contractors with no past performance information will be given a neutral rating if they certify that additional past performance is not available and provide an acceptable explanation as to why past performance is not available. The Government may contact any or all of the past performance references provided by the Vendor in response to this solicitation, and may also use information obtained from any other sources when evaluating past performance

1.3.1 Submission Requirements

Quotations are not to exceed 20 pages in length, including the cover page. The page limit does not include personnel resumes, past performance, or cover letter. Margins should be set at a minimum of 1‐ inch all sides, and text font should be 11‐point or more for readability. The Government reserves the right to consider quotations that exceed the maximum page length, but are not required to evaluate items that exceed page limitations.

Quotations shall include a cover page with organization name and DUNS number. Consider the evaluation factors listed above when creating your quotation to receive the highest possible rating.

The following items MUST be submitted. Please note that emailed files shall be titled “[insert contractor name] NOP Accreditation Peer Review Quote”

Quotation Outline:

1) Cover page with organization name, DUNS number, technical point of contact (email address and phone number), organization type

2) Technical Approach and Capability

a. This shall include, at a minimum, a description of the Vendor’s approach to conducting peer reviews of agriculturally‐related accreditation programs operated by Federal agencies. It shall include its approach and plan to complete specific projects as they are identified (e.g. how the contractor establishes project‐specific goals and deliverables with the client, how drafts are developed, how reviews are completed, how success is assessed and expectations managed, etc.).

b. Technical References

i. Two (2) to five (5) past technical references which shall include:

1. Project title or name

2. Total dollar value

3. Date(s) of performance

4. Point of contact

5. Name

6. Title

7. Phone Number

8. Email address (if available)

3) Management Approach and Staffing

a. How the contractor intends to manage and staff the project

b. Key Personnel Resumes

4) Past performance references (these can be the same as the technical references above)

a. Three (3) to five (5) past performance references which shall include:

i. Project title or name

ii. Total dollar value

iii. Date(s) of performance

iv. Point of contact

v. Name

vi. Title

vii. Phone Number

viii. Email address (if available)

5) Price Schedule

6) Acknowledgement of Amendments (if applicable)

1.3.2 Due Date, Time and Locations

National Organic Program – Accreditation Peer Review Project

All questions shall be submitted in writing to Lisa Draves, lisa.a.draves@aphis.usda.gov no later than August 28, 2015. Please submit questions to Lisa Draves at lisa.a.draves@usda.gov not later than five

(5) days prior to the required response date/time to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

Quotations are due by September 2, 2015 at 5 p.m. Central Time to the following location via email: Lisa Draves at lisa.a.draves@aphis.usda.gov

It is the Vendor’s responsibility to ensure quotations are complete and received on time. Quotations shall be emailed as a single complete PDF attachment (preferred but not required). Please note that file size limitations, formatting, or other problems may hamper receipt, so please verify that the contracting officer has received your quotation. Files emailed shall be titled “[insert contractor name] NOP Accreditation Peer Review Quote”

2.0 Statement of Work

Background

The National Organic Program (NOP) is part of the Agricultural Marketing Service (AMS), U.S.

Department of Agriculture (USDA), and is the organization responsible for activities relating to the development, implementation, and administration in accordance with the Organic Foods Production Act of 1990 (OFPA) and the USDA organic regulations. Key functions of the NOP include:

Developing, reviewing, implementing and interpreting the organic standards;

Enforcing organic production, handling, and labeling standards; and

Accrediting, auditing, and training third‐party organic certifying agents.

The NOP is establishing a peer review process to implement the peer review section (7 U.S.C. 6516) of the Organic Foods Production Act (OPFA). The NOP is establishing a peer review panel to satisfy OFPA requirements regarding peer review of certifying agents. The contractor shall establish a peer review panel to evaluate the NOP’s polices processes and procedures for conformance to ISO/IEC 17011:2011 Conformity Assessment – General requirements for accreditation bodies accrediting conformity assessment bodies. The panel will report their findings in writing to the NOP Deputy Administrator and the National Organic Standards Board. The findings will be considered part of the NOP quality management system and the Deputy Administrator will make corrective actions to the NOP accreditation processes as necessary and appropriate.

General activities to be conducted by the contractor include:

Select representative sample of accreditation decisions

Coordinate NOP and certifier documentation review by panel

Review accreditation procedures and decision documentation

Prepare draft and final peer review report, recommendations, and presentation

National Organic Program – Accreditation Peer Review Project

A more detailed explanation of the peer review process that this contract supports is in the following memorandum to the National Organic Standards Board: NOSB Chairperson: National Organic Program Accreditation peer review process (November 2014) (attached).

Deliverables

Task Deliverables (Basis for Invoicing)

Task 1 ‐ Project Planning, Peer Review Panel Meeting, and Accreditation Sample Selection

The Contractor shall plan the project, meet with individuals identified to participate on a peer review panel, and select a representative sample of accreditation decisions for the assessment.

The Project Plan template will be provided to the contractor; it is estimated that the project plan will be 5‐8 pages, and will include a final project timeline/schedule based on the kickoff meeting, a description of work processes that will govern interactions with the NOP, and any risks or dependencies identified for the project.

Panel criteria:

a. The panel will include at least three individuals, at least two of which are not employees of the Department of Agriculture

b. All members must have knowledge or experience with ISO/IEC 17011 or conformity assessment activities

c. All members of the panel must sign a confidentiality statement to not copy, disclose or distribute any documents they review while participating on the panel

d. At least two members must have expertise in organic production and handling methods, pursuant to the OFPA.

Sample accreditation decisions – selection criteria: The contractor shall manage the review panel’s selection of at least three, but no more than five samples from final accreditation decisions rendered by

NOP.

a. Decision subject to sampling will be those signed during the 12 months immediately preceding the panels first organizational meeting

b. The date of the accreditation decisions to be considered for sampling will be the date on which NOP signed

c. The samples any be selected randomly or as individual items of interest at the discretion of the panel. If only three or

1. Kickoff Meeting Summary

2. Project Plan

3. Proposed Sample of

Accreditation Decisions fewer decisions were issued during the prior 12 months than all decisions will be selected for review.

d. If possible, select accreditation decisions for at least one large, one medium, and one small certifier for review.

e. Additional files will accompany accreditation decisions rendered by NOP, as applicable, which may include but not be limited to audits and resulting decisions in response to formal complaints filed against a certifier.

Documents will be provided to the contractor by the NOP within 2 weeks of sample selection.

Task 2 – Document Review – The contractor shall manage the peer review panel’s review of documents provided by NOP for compliance with USDA organic regulations and

ISO/IEC 17011.

a. Findings and corrective actions from past peer reviews

b. Accreditation procedures

c. Sample accreditation files selected during the planning phase

Each member of the panel will complete a peer review report form, developed by the contractor, for the review of the accreditation procedures and for each of the decision files. Reports will identify any elements of the NOP accreditation procedures that are not aligned with the USDA organic regulations or ISO/IED 17011; any instances where records indicate AMS personnel or committees did not adhere to established NOP procedures for accrediting certifiers or renewing their accreditations; and completeness and effectiveness of corrective actions from past reviews.

4. Individual Panel Member Peer Review Reports

Task 3 – Summary Report and Draft Peer Review Report

The Contractor shall consolidate the individual panel member reports into a single narrative summary report.

This task includes the contractor’s development of a summary report that integrates panel feedback, the panel’s internal review of each other’s individual reports and the summary report, and the generation of a Draft Peer Review Report supported by the panel, delivered to the NOP Deputy Administrator.

5. Summary Report for Panel Review

6. Draft Peer Review Report

Task 4 – Presentation and NOP Response Review

7. Response to NOP Comments/Proposed

This task includes the transmittal of the report to NOP, communication between NOP and panel to respond to the draft report and respond to proposed corrective actions. It also includes two presentations by a contractor representative – one to present the report to NOP (virtual/telecom) and one (in person) to present to the (continued)

NOSB. This task includes travel to the NOSB spring 2016 meeting (late April, Washington DC) to present results (1 person, two day travel)

Corrective Actions

8. Final Peer Review Report for NOP and NOSB

9. Presentation for NOP and

NOSB

Task 5 – Monthly Reports

10. Monthly Status Reports, delivered on the 10th of each month, reporting on the previous month.

Monthly progress conference calls between the NOP and contract technical lead will be held throughout the project to set and clarify project goals and policies, project constraints, submission schedule, and other relevant project information. More frequent calls during specific phases of the project may be mutually agreed upon by NOP and contractor to support project development. The contractor’s pricing is to build this time into the pricing for the deliverables above. Deliverables shall be delivered in electronic format either via e‐mail or other method in Microsoft Word, Microsoft PowerPoint, or compatible formats. (NOP is open to discussing other electronic formats based on the project’s goals and needs, but reserves the right to reject formats that it is not able to work with or modify after delivery.)

2.5 Place and Period of Performance

With the exception of project and status meetings, the contractor shall perform all task‐related activity at the contractor’s place of business.

The period of performance for this task is for one year from the date of award.

3.0 Contract Administration

Government Officials

Technical Point of Contact:

Jennifer Tucker NOP Associate Deputy Administrator Jennifer.Tucker@ams.usda.gov 202‐260‐8077

Contracting Officer:

Lisa Draves

National Organic Program – Accreditation Peer Review Project

Lisa.a.draves@aphis.usda.gov 612‐336‐3364

Payment: Funds obligated by this contract will be managed through the USDA’s Agricultural Marketing Service Budget Office. Invoices for work performed shall be submitted online at www.ipp.gov and will be processed for payment once the work products have been reviewed and approved by NOP. Invoices must align with the deliverables listed in the contractor’s quotation and incorporated into the award.

4.0 Contract Clauses

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/these address(es): http://farsite.hill.af.mil/

52.212‐4 CONTRACT TERMS AND CONDITIONS ‐‐ COMMERCIAL ITEMS (MAY 2015)

52.212‐4 ADDENDUM:

a. 52.212‐4 paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at WWW.IPP.GOV. IPP is a secure, web‐based service that manages government invoicing.

b. The following additional clauses are incorporated:

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS IN ALL SOLICITATIONS AND

CONTRACTS

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

452.237‐74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: (Contract will list all proposed 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)

452.237‐75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence.

The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

(End of 52.212‐4 Addendum)

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS ‐‐ COMMERCIAL ITEMS (MAY 2015)

(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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

National Organic Program – Accreditation Peer Review Project

(3) 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 (Apr 2010) (41 U.S.C. 3509).

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

_X__ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204‐14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C).

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

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

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

___ (10) [Reserved]

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

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

_X__ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (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]

National Organic Program – Accreditation Peer Review Project

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

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

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

___ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

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

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

_X__ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

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

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

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

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

National Organic Program – Accreditation Peer Review Project

_X__ (28) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (38 U.S.C. 4212).

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

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

13627).

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

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

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

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

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

___ (ii) Alternate I (Jun 2014) of 52.223‐13.

___ (37) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐14.

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

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

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

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

National Organic Program – Accreditation Peer Review Project

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

___ (42) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

___ (ii) Alternate I (May 2014) of 52.225‐3.

___ (iii) Alternate II (May 2014) of 52.225‐3.

___ (iv) Alternate III (May 2014) of 52.225‐3.

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

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

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

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

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

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

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

2307(f)).

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

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

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

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

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

National Organic Program – Accreditation Peer Review Project

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

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

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

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

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

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

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

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

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

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

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

1792).

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

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

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

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

National Organic Program – Accreditation Peer Review Project settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

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

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

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

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

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

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

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

(ix) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

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

(xi) ____ (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).

National Organic Program – Accreditation Peer Review Project

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

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

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

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

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

(xvii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xviii) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

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

(End of Clause)

5.0 Solicitation Provisions

52.212‐1 INSTRUCTIONS TO OFFERORS ‐‐ COMMERCIAL ITEMS (APR 2014)

52.212‐1 ADDENDUM:

a. Quotations must comply with the instructions in paragraph 1.3, Criteria for Selection and

Method of Award.

(End of 52.212‐1 Addendum)

52.212‐2 Evaluation ‐‐ Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotations will be evaluated in accordance with FAR Parts 12 and 13. The following factors shall be used to evaluate quotations:

(i) Price

(ii) Technical Approach and Capability

(iii) Management Approach and Staffing

(iv) Past Performance.

All non‐price related evaluation factors, when combined, are considered significantly more important than price. SEE PARAGRAPH 1.3, CRITERIA FOR SELECTION AND METHOD OF

AWARD, FOR SUBMISSION REQUIREMENTS.

(b) Vendors are responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the initial quotation and not assume the Vendor possesses any capability that is not specifically identified in the quotation.

(End of Provision)

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS ‐‐ COMMERCIAL ITEMS (MAR 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(p) of this provision.

(a) Definitions. As used in this provision‐‐

“Economically disadvantaged women‐owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest‐level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000‐9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as

National Organic Program – Accreditation Peer Review Project those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service‐disabled veteran‐owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service‐disabled veterans or, in the case of a service‐disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that‐‐

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran‐owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212‐3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran‐owned small business concern.

(3) Service‐disabled veteran‐owned small business concern. [Complete only if the offeror represented itself as a veteran‐owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service‐disabled veteran‐owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women‐owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women‐owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.