Solicitation.doc

Court Services & Offender Supervision Agency

Office of Procurement

Request for Quote (RFQ) Anger and Stress Management Counseling Service

RFQ: CSOSA-12-Q-0005

REQUEST FOR QUOTATION

IS FORMCHECKBOX

IS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

CSOSA-12-Q-0005

2. DATE ISSUED

January 25, 2012

3. REQUISITION/PURCHASE REQUEST NO.

5a. ISSUED BY

Court Services and Offender Supervision Agency (CSOSA), Office of Procurement

633 Indiana Avenue, NW, Suite 892, Washington DC 20004 -220-5393

6. DELIVER BY (Date) See Schedule

FOB DESTINATION

FORMCHECKBOX

OTHER (See Schedule)

CSOSA, Community Supervision

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

1230 Taylor St NW

c. STREET ADDRESS

c. CITY

Washington

d. CITY

e. STATE

f. ZIP CODE

d. STATE

DC

e. ZIP CODE

20011

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS (Date)

February 10, 2012

IMPORTANT:

This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The Offer shall provide a quote for Anger and Stress Management Counseling Services in accordance with the attached terms, clauses, and conditions

SEE ATTACHED CONTINUATION

NUMBER

PERCENTAGE

NOTE:

Additional provisions and representations FORMCHECKBOX are FORMCHECKBOX are not attached.

a. NAME OF QUOTER

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (Rev. 6-95)

Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.215-1

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

CONTINUATION OF STANDARD FORM 18

BLOCKS 19 THROUGH 24 – SCHEDULE/PRICES

1.0 PRICE /COST SCHEDULE

Base Term

Option Period One (1)

Option Period Two (2)

Option Period Three (3)

Option Period Four (4)

The total value of the award is $_________ (one base year and four one-year options)

2.0 AGENCY BACKGROUND

The Court Services and Offender Supervision Agency (CSOSA) is an independent, executive branch Federal Agency, established under Section 11232 of the National Capital Revitalization and Self-Government Improvement Act of 1997. The Agency is responsible for the functions relating to pretrial services, probation, parole, and offender supervision in the District of Columbia. The mission of the CSOSA is to increase public safety, prevent crime, reduce recidivism, and support the fair administration of justice in close collaboration with the community.

3.0 PROGRAM BACKGROUND

The Day Reporting Center (DRC) is an initiative within General Supervision Branch IIA of the Court Services and Offender Supervision Agency (CSOSA). The purpose of the DRC is to provide structure and accountability to offenders who are unemployed, underemployed and/or undereducated. The program provides life skills training, conflict resolution, computer training, parenting classes, and financial management / entrepreneurship training.

The Day Reporting Center consists of non-voluntary participants. The age range varies considerably. Currently, there are no criteria limiting referrals according to age. The participants are mixed sex but primarily male participants.

4.0 SCOPE OF WORK

(a) The purpose of this request is to procure contractor services to support the development of an anger management curriculum for offenders in the Day Reporting Center (DRC). The DRC is a cognitive restructuring program designed to change adverse thinking patterns among unemployed offenders who are in need of a highly structured environment. This non-voluntary population is mandated to report to a CSOSA field unit for daily programming until he or she becomes employed or involved in a productive activity such as a vocational program.

(b) The Contractor shall provide all personnel necessary to provide these services in accordance with the terms, conditions and specifications contained in this request.

(c) The Contractor shall provide services to develop capacity among CSOSA-offenders to cope with anger and stress. These stress management techniques should enable offenders to reduce tendencies toward violent behavior by developing successful stress management skills to maintain mental health and to regulate anger, stress, anxiety, and depression. Considering the propensity of CSOSA offenders to address conflict in an inappropriate manner, the facilitator should incorporate conflict resolution techniques into the curriculum. The Contractor shall deliver services from a manual based curriculum that is heavily influenced by evidence based practice.

(d) The development of these skills among offenders participating in the Day Reporting Center requires one to have-

1. Documented experience in working with ex-offender populations;

2. Capacity to train offenders in various mental techniques to achieve and sustain calmness as well as physical, mental, and emotional health; and

3. Professional licensure in a clinical discipline such as Psychology or Social Work.

5.0 DELIVERABLES

Specifically, the Contractor shall deliver the following:

(a) Ongoing weekly therapeutic group sessions with duration of 1 to 1.5 hours per session for a maximum of 15-20 offenders.

(b) A synopsis of the 12-session model consisting of detailed content information, desired goals and objectives as well as identified resources utilized in formulating the curriculum.

(c) Contractor shall meet with the COTR on a quarterly basis to conduct a program review. The program review will take approximately 1.5 hours per quarter.

6.0 FIRM-FIXED PRICE CONTRACT LINE ITEM NUMBERS

The contract schedule contains firm-fixed price line items. Only items identified in the Schedule are payable under this contract. The firm-fixed prices are considered payment in full for all labor, profit, overhead, G&A, fringe benefits, reports, logs, postage, advertisements, printing, photographs, tools, machinery, equipment, supplies, materials, and all other costs associated with performance of the services as specified.

7.0 PERIOD OF PERFORMANCE

The period of performance shall be from April 1, 2012 through September 30, 2012 with four subsequent one-year option periods. The table below identifies the period of performance:

8.0 SESSION CANCELLATION PROCEDURES

(a) Contractor: The contractor shall provide the Contracting Officer Technical Representative (COTR) with notice of class/training cancellation at a minimum of 5 working days prior to a class cancellation.

(b) Government:

The government shall provide the contractor with notice of class/training cancellation at a minimum of 5 working days prior to a class cancellation

9.0 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL

(a) All Contractor personnel utilized under this contract shall submit to a Government background investigation prior to performing work on-site at any CSOSA facility. The intent and purpose of this investigation is to preclude the assignment of any individual who poses a threat to the Government or successful work completion due to past unlawful or inappropriate behavior. Contractor employees must be U.S. citizens, or be lawfully permitted to reside in the United States and possess a valid work permit.

(b) BACKGROUND INVESTIGATIONS: The Contractor shall ensure that a Contractor employee does not begin work under the Contract until the appropriate background checks are conducted and approved by the CSOSA Office of Security. When a preliminary background check on an individual has been determined to be favorable, the Office of Security will issue an interim employment security approval to the Office of Procurement, who in turn will notify the Contractor. Only at that time may the Contractor notify an individual to begin work at a CSOSA facility.

(c) Derogatory information, falsification of any forms or refuses to supply information and/or forms may be considered justification to reject the individual.

(d) When an individual is selected for contractor support position within CSOSA, the Contractor shall have Contractor personnel complete a background investigation package consisting of the items identified in the table below. The Contractor personnel are generally provided 10 days to complete and return the forms to the Office of Procurement. The following forms will be provided and must be completed:

Note: The CSOSA PIV Form will only be completed after the Contractor’s employee has met all agency security requirements and is authorized a security badge by CSOSA’s security office

(e) It is the responsibility of the Contractor, in order to ensure complete coverage for the services specified herein, to maintain an adequate staff of individuals meeting all of the requirements of this Contract. To that end, the Contractor should submit the names of additional individuals, so that the requisite preliminary background checks can be conducted. CSOSA has the right to request any additional information necessary in order to adjudicate the completed background investigation. If a Contractor employee fails to provide any of the above information, or to cooperate with CSOSA Office of Security, the individual will be removed immediately.

(f) Contractor’s Responsibility:

(1) The Contractor shall ensure that no Contractor employee commences performance prior to completion of the background investigation, unless the Office of Security grants approval.

(2) Any individual who has been temporarily removed or resigned may be required to undergo another background investigation before resuming any position. At the discretion of the COTR, the Contractor shall forward the required forms for a reinvestigation to the COTR. Prior to forwarding the forms, the Contractor is responsible for reviewing the forms for completeness. The forms should be forwarded with a cover letter indicating that the forms are for reinvestigation of a current Contractor employee.

(g) Government’s Responsibility:

(1) The Government will conduct a background investigation on all individuals involved in the contract. Derogatory information developed from this investigation may be considered justification to reject the applicant. The Government also reserves the right to reinvestigate all Contractor personnel working on this Contract for any reason.

(2) Upon completion of the background investigation, the Office of Security will review the results to determine suitability for the individual. Primary concern in the review process is to decide if the individual's presence in Agency facilities poses a potential risk to CSOSA, the Government, or the general public.

10.0 LIMITATION AND CONSTRAINTS

The Contractor shall comply with the following limitation and constraints of the contract.

(a) The Contractor shall not disclose sensitive or proprietary information of, or in the possession of, CSOSA contractors or business partners to unauthorized persons. The contractor shall be subject to any and all penalties imposed by law for unlawful disclosure of CSOSA information.

(b) The Contractor is required to abide by CSOSA’s guidance for protecting sensitive and proprietary information. Any such information made available in any format shall be used only for the purpose of carrying out the provisions of this agreement. Such information shall not be divulged or made known in any manner to any unauthorized person. The Contractor shall not remove any sensitive material from Government sites without the express permission of the COTR. The Contractor shall immediately notify the COTR upon discovery of any inadvertent disclosures of information.

(c) All products created under this Statement of Work shall be property of Court Services & Offender Supervision Agency

11.0 GOVERNMENT HOLIDAYS

The following is a list of Federal Holidays observed by the Government:

11.0 ADMINISTRATIVE INFORMATION

(a) Role of Government Personnel and Responsibility for Contract Administration

(1) Contracting Officer (CO): The CO has the overall and primary responsibility for the administration of this contract. CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute, The CO may delegate certain other responsibilities to an authorized representative. The name of the CO appears in block 31 of SF 1449.

(2) Contracting Officer Technical Representative (COTR):

A. The COTR for this procurement will be:

To Be Determined B. An employee to be determined will be designated to act as Contracting Officer’s Technical Representative (COTR) under this contract. An additional COTR may be named after the contract is activated.

C. The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort; fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

D. The COTR does not have the authority to alter the contractor(s obligations under the contract, and/or modify any of the express terms, conditions, specifications, or cost of the agreement. If as the result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(b) Order Administration

Allen A. Tillman II, Contract Specialist

CSOSA, Office of Procurement

633 Indiana Ave. NW, Room 892 Washington, D.C. 20004

(202) 220-5393 Email: allen.tillman@csosa.gov

12.0 EVALUATION CRITERIA

Section I – Approach & Past Performance

The Contractor shall provide:

1. A cover page (Include TAX ID and DUNS number)

2. An introduction

3. A brief overview of the company including years in operation and products and services offered. (This section should include the Contractor’s information)

4. A statement of your understanding of CSOSA’s tasking request as outlined in this statement of work (SOW). (This section should include Pricing, Technical Approach, and Past Performance)

5. A quote of no more than 5 pages excluding: cover page, resumes and references.

NOTE: Do not cut and paste the statement of work (SOW) tasking descriptions into this section. Please read and understand attached FAR clauses in Section 13.0. Some of the clauses have instructions for the quotation you will be submitting.

Contractor Information

· Personnel: Please provide a summary of all staff proposed for this project.

· Resumes: Please provide a resume for all staff proposed for this project. Resumes shall be relegated to an appendix after the main body of the quote and are not included in the quote page count.

Security Clearance

· A security clearance will determine if the Contractor will be awarded the contract.

Technical Approach Operational Approach

· A synopsis of the 12-session model consisting of detailed content information, desired goals and objectives as well as identified resources utilized in formulating the curriculum.

· Please provide your approach regarding the scope of work and deliverables section of the solicitation.

Past Performance

· Quality of Past Performance and Relevance of Prior Experience – Describe at least two (2) projects performed in the last three (3) years relevant to this project. This section shall be included in the page count of your quote. Include the following data:

Client Name

Address

Phone Number

Fax Number

Point of Contact for the Project

Email Address of the Point of Contact

Project Performance Period

Dollar Value of the Entire Project

Dollar Value of SIN-Relevant Work

Name of Project/Contract Number

References

· Please provide at least two (2) references from customers that you have serviced. References shall be separate from the past performance section. References will not be included in your quote page count.

Cost/Price The Contractor shall provide a breakout of cost to include a breakout of administrative cost. This contract shall be awarded on a Firm Fixed Price basis. Firms must disclose their business practices and prices in a format that provides sufficient information for the Contracting Officer to make a determination of fair and reasonable pricing.

Basis for Award

The objective of the Government is to select the offer that is the best value to the Government. All evaluation factors and their relative importance are set forth in this solicitation. The evaluation factors are listed in order of importance. Award may be made based on initial submissions. However, the Government reserves the right to hold discussions.

Evaluation Determination Award will be made to the responsible and responsive Contractor whose offer represents the best value to the Government. The quote will be evaluated based on the factors set forth below. The factors are listed in order of importance.

1. Technical Approach – Understanding and effectiveness in meeting requirements.

2. Past Performance and Prior Experience

3. References

4. Price

Length of Quote – Quote should not exceed 5 pages, excluding exclusions.

Any questions shall be submitted via email to allen.tillman@csosa.gov. Questions shall be submitted no later than February 3, 2012 at 3:00 PM EST. Please do not submit questions over the phone.

13.0 CLAUSES

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.acquisition.gov/far/ The following clauses are hereby incorporated by reference

(1) 52.217-8 Option to Extend Services (NOV 1999)

(2) 52.217-9 Option To Extend The Term Of The Contract (MAR 2000)

(3) 52.212-4 Contract Terms and Conditions – Commercial Items (JUNE 2010)

(4) 52.204-6 Data Universal Numbering System (DUN) Number (APR 2008)

(5) 52.204-7 Central Contract Registration (APR 2008)

(6) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(7) 52.224-1 Privacy Act Notification (APR 1984)

(8) 52.224-2 Privacy Act (APR 1984)

(9) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

(10) 52.232.18 Available of Funds (APR 1984)

(11) 52.246-4 Inspection of Services Fix-Price (AUG 1996)

(12) 52.233-3 Protest After Award (AUG 1996)

(13) 52.233-4 Applicable Law of Breach of Contract Claims (OCT 2004)

(14) 52.244-2 Subcontracts (OCT 2010)

(15) 52.222-46 Evaluation of Compensation for Professional Employees (FEB 1993) 52.219-1 Small Business Program Representations. (APR 2011) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 624310.

(2) The small business size standard is $7.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it (Please mark) [ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ]is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b) (3) of this provision.] The offeror represents as part of its offer 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 (b)(4)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: __________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b) (4) of this provision.] The offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not an EDWOSB 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 (b)(5)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture.

[The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b) (6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) 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 concern eligible under the WOSB Program.

“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 the size standard in paragraph (a) of this provision.

“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 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.

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (AUG 2011)

(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).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (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. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (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).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 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).

__ (10) [Reserved]

_X_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(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.

__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

_X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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

__ (17)(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.

__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.)

__ (33)(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.)

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (35)(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.

_X_ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

__ (43) 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)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(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) (41 351, 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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Dec 2010) (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) [Reserved]

(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).

(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 (Jan 2009).

(xiii) 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.

(xiv) 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.

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