D15PS00432.pdf

Solicitation D15PS00432

Section 1 – Introduction

1.1 General

This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center, Acquisition Services Directorate (AQD), under the franchise authority, on behalf of the Defense Contract Audit Agency. AQD is issuing this Request for Quote (RFQ) for the purpose of entering in to a purchase order using Subpart 13.5 and 19 under the Federal Acquisition Regulations (FAR). This acquisition is for Transcription Services.

1.2 Submission of Questions

Questions related to this RFQ package must be an electronic copy in Microsoft Word submitted, no later than 5:00 PM 20 May 2015, to the Contracting Officer at the email address specified herein.

Please email question directly to Kimberly Luke at Kimberly_Luke@ibc.doi.gov by the date and time specified above. Please note, questions and comments will not be protected by the Government as proprietary and the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors.

1.3 Anticipated Award Type

The Government anticipates an award of a Firm-Fixed Price type purchase order (Fixed Price Per Unit) as a result of this RFQ. However, the Government may consider other proposed types if determined appropriate.

SECTION 2 – Performance Work Statement

1.0 INTRODUCTION

1.1 MISSION AND ORGANIZATION The Defense Contract Audit Agency (DCAA), while serving the public interest as its primary customer, shall perform all necessary contract audits for the Department of Defense (DoD) and provide accounting and financial advisory services regarding contracts and subcontracts to all DoD Components responsible for procurement and contract administration. These services shall be provided in connection with negotiation, administration, and settlement of contracts and subcontracts to ensure taxpayer dollars are spent on fair and reasonable contract prices. DCAA shall provide contract audit services to other Federal agencies, as appropriate.

DCAA is a DoD agency with approximately 5,000 employees. The major organizational components of DCAA are: Headquarters, located at Ft. Belvoir, VA; five regional offices located in Smyrna, GA; Lowell, MA; Irving, TX; Philadelphia, PA; and La Palma, CA; and a Field Detachment. The regional offices and Field Detachment manage more than 300 field audit offices (FAOs) and sub-offices located throughout the United States and overseas.

1.1.1 DCAA Office of Inspector General (OIG) Mission: The DCAA OIG mission is to provide independent, relevant, and timely oversight support to the DCAA in the forms of impartial investigations, process oriented inspections, employee assistance and complaints resolution.

This mission is accomplished through the effective use of all the concepts and procedures routinely practiced throughout the spectrum of Inspectors General Activities. The DCAA OIG provides oversight and promotes excellence, integrity, and accountability within the programs, operations, and management of the DCAA. DCAA OIG protects resources by identifying vulnerabilities, ensuring compliance with public law, DoD Directives and Instructions as well as mailto:Kimberly_Luke@ibc.doi.gov internal Agency policies. When appropriate, develops solutions for the Agency’s most serious managerial and programmatic challenges.

1.2 OBJECTIVES: The purpose of this requirement is to obtain transcription support services for DCAA OIG. The contractor shall be required to provide transcription support services that generally fall into one or more of the following categories: technical and engineering, planning and policy, resources and budgeting, process engineering and change management.

2.0 SCOPE OF WORK: This requirement provides transcription services in support of the DCAA OIG mission. The DCAA Inspector General requires an experienced, competent transcription company to provide transcription services to the DCAA OIG.

2.1 TASKS: This PWS defines the overall requirements to be supported. Tasks performed to support this principally include but are not limited to work within the following areas: DCAA Inspector General investigations. The contractor shall provide tools, equipment, personnel, and supervision necessary to support DCAA OIG mission as described.

2.1.1 The contractor shall provide transcription services in support of DCAA OIG. Services include digital transfers of interviews and resulting transcripts and non-digital transcription services in varying formats (micro cassette, standard cassette, digital audio file and digital video file formats). Products are to be typed and proofed and provided in a unified format (using Times New Roman font, 12 pitch) with a greater than 99.9% accuracy rate down to and including scripting prompts which may reflect unusual occurrences in the transcripts (such as “witness upset” or “phone ring in background” or “witness crying”) when those types of interruptions affect the testimony. Words which the contractor is unsure of i.e. spelling etc., are clearly identified in the transcripts with square [ ] brackets. Transcriptions of recorded interviews of 2 hours duration or less are expected to be delivered in 3-5 business days after receipt from DCAA PM. Transcriptions of recorded interviews greater than 2 hours duration are expected to be delivered in 6-7 business days after receipt from DCAAPM.

2.1.2 The contractor shall provide a work flow matrix using Microsoft Excel format so that the investigating officers and office staff know what stage a transcript is in and when it is likely to be delivered. This tracking system will be utilized for each interview transcribed to assist in preventing double billing.

2.1.3 The contractor shall provide a single point of contact for files –that is available for questions, status reports, or emergent expedited files during the hours of 6:00 a.m -6:00 p.m., Monday - Friday.

2.1.4 The contractor shall be able to provide 100% digital capability with a dedicated server used exclusively for OIG digital transfers of interviews and resulting transcripts.

2.1.5 The contractor shall not send any of the DCAA OIG products out of the country. This ensures security of highly sensitive documents is maintained. Contractor will sign a non-disclosure agreement within 30 days of award.

2.1.6 The contractor shall have a solid confidentiality record of at least ten (10) years and not have any breaches in keeping transcripts and information completely secure.

2.1.7 The contractor shall provide offsite storage at their facility of all final transcripts to include a search program and filing system of all transcripts so a simple e-mail or phone call request ensures the government access to their files. The contractor shall provide offsite storage at their facility of all final transcripts for a period of six months, or upon completion of case, whichever is soonest.

2.2 DELIVERABLES

2.2.1 Transcriptions of recorded interviews of 2 hours duration or less are expected to be delivered in 3-5 business days. Transcriptions of recorded interviews greater than 2 hours duration are expected to be delivered in 6-7 business days. Reference Task 2.1.1.

2.2.2 The contractor shall provide a work flow matrix using Excel format so that the investigating officers and office staff know what stage a transcript is in and when it is likely to be delivered. Reference Task 2.1.2.

2.2.3 The contractor shall be available during the hours of 6:00 a.m. to 6:00 p.m., Monday – Friday (this includes all federal holidays) for questions, status reports, or emergent expedited files. The contractor shall be available on the phone by forwarding all calls to their cell phone in the event they cannot be present in the office.

2.2.4 The government reserves the right to change the priority of deliverables at any time at no cost to the government.

2.2.5 The contractor shall charge the government by the “page” for all completed transcripts.

2.2.6 The contractor shall execute the Non-Disclosure Agreement within 30 days of award.

2.2.7 The contractor will have a process to accept digital recordings in .wav and .mp3 formats using internet based File Transfer Protocols (FTP). Completed transcription will be transferred using the same FTP process. When the internet is non-operational the contractor shall send completed transcription via Federal Express.

2.2.8 The contractor shall summarize its efforts on the transcript and address any issues. Transcripts must be submitted according to established timelines as shown in section 2.2.1.

2.2.9 The contractor shall submit data deliverables to DCAA OIG in specific transcription format as noted above.

2.2.10 Criteria for Acceptance. All deliverables shall be submitted in a draft format mutually agreed upon by the contractor and the Government. Poorly done transcripts that are unusable and below acceptable standards for accuracy will be returned to the contractor for re-work. The Government shall not be charged for any necessary re-work

SECTION 3 TERMS AND CONDITIONS – Addendum to FAR 52.212-4

3.1 Travel/ODCs. No travel is anticipated on this purchase order.

3.2 Period of Performance. Twelve months after date of contract award plus four one year options.

3.3 Place of Performance: It is anticipated that all work will be conducted at the Contractor’s facility.

3.4 PROPRIETARY/SENSITIVE DATA REQUIREMENTS

The data processed within DCAA offices is considered proprietary and/or sensitive and therefore cannot be used to solicit or benefit other work by the contractor. Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clauses 52.224-1 and 52.224-2.

3.5 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoices for travel must include the name of the traveler, travel itinerary, purpose of travel (event, exercise, workshop, etc), receipts for airfare or other means of transportation, hotel, rental car, and any other expense over $75, and any other documentation requested by the Contracting Officer. A copy of an approved travel request form should be attached for reference.

No travel is authorized unless prior government approval from the COTR is obtained.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation.

(End of Local Clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

3.6 GOVERNMENT HOLIDAYS

The following Government holidays are normally observed by Government personnel: New Years Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), George Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc) Presidential funerals or any other unexpected government closures.

3.7 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

3.8 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible athttp://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/ in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

3.9 SECTION 508 COMPLIANCE REQUIREMENTS

Any/all electronic and information technology procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov.

3.10 PERSONNEL REQUIREMENTS

3.10.1 Key Personnel Definition

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as "Key Personnel" and are those persons whose resumes were submitted and marked by the vendor as "Key Personnel". No substitutions shall be made of accepted key personnel except for sudden illness or death, or termination of employment. Substitutions shall only be accepted if in compliance with “Substitution of Key Personnel" provision identified below.

3.10.2 Substitution of Key Personnel

All contractor requests for approval of substitutions hereunder shall be submitted in writing to the COTR and the Contracting Officer at least twenty-five (25) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. The COTR and the Contracting Officer will evaluate such requests and promptly notify the contractor of approval or disapproval in writing.

http://www.section508.gov./

3.10.3 Key Personnel Designation

The Program Manager shall be the contractor's authorized point of contact with the Government CO and the COR. The Program Manager shall be responsible for formulating and enforcing work standards, assigning schedules, reviewing work discrepancies, and communicating policies, purposes, and goals of the organization to subordinates.

3.10.4 Security Clearance Requirements

Program managers and all government site contractors must have and maintain an active Secret security clearance upon purchase order award.

All Contractor employees must meet the security criteria to occupy a sensitive position as required by DoD 5200.2-R, DoD Personnel Security Program.

All contractors assigned work under this contract shall be U.S. citizens and, prior to starting work on this contract, have the appropriate completed background investigation, based on the position sensitivity and/or IT Level. That is, a National Agency Check with Law and Credit Check (NACLC) for IT Level II or III, or a Single Scope Background Investigations (SSBI) for IT Level 1. The investigation must be favorably adjudicated by the Defense Security Service, DoD Consolidated Adjudicative Facility, Fort Meade, Maryland 20755.

The contractor Facility Security Officer or security official will submit a Visit Request to DCAA HQ Security using JPAS SMO Code B9000. It is the contractor’s responsibility to ensure their employees meet the security requirements of this contract.

3.11 AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

3.12 RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

3.13 RELEASE OF REPORTS

The contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The views, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

3.14 DISSEMINATION OF INFORMATION

There shall be no dissemination or publication, except within and between the contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

3.15 Disclosure of Information

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

3.16 Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

3.17 CONTRACTOR INTERFACES

The contractor and/or his subcontractors may be required as part of the performance of this effort to work with other contractors working for the government. Such other contractors shall not direct this contractor and/or their subcontractors in any manner. Also, this contractor and/or their subcontractors shall not direct the work of other contractors in any manner.

The Government shall establish an initial contact between the contractor and other contractors and shall participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings/contacts will be established. Any Contracting Officer’s Technical Representatives (COTR) of other efforts shall be included in any establishment of conventions.

3.18 CONTRACTOR PERSONNEL

The contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work. Resumes submitted for employees assigned to perform under this statement of work shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

3.19 Contractor Employees

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees by wearing Security Identification Badges at all times while on Government premises. When contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties they must identify themselves as such to avoid creating the impression that they are government employees.

3.20 CONFIDENTIALITY AND NONDISCLOSURE

Personally Identifiable Information (PII). The contractor is required to safeguard PII in accordance with the Privacy Act of 1974, 5 U.S.C. § 552a, DCAAR 5410.10 DCAA Privacy Program and DoD Privacy Act Regulation 5400.11-R. The DCAA PM must be informed immediately of discovery/detection if DoD PII data is compromised, lost, or stolen. The DCAA PM then must contact DCAA Operations immediately to report the discovery/detection of DoD PII data compromised, lost, or stolen. The contractor is required to complete the annual DCAA Privacy Program Training course. The DCAA PM will coordinate the DCAA Privacy Program Training with the contractor.

Compliance with Information Assurance Policies. The contractor shall remain compliant with all applicable Federal Government, DoD rules, regulations, directives, instructions, orders, and policies pertaining to Information Assurance (IA), Information Technology (IT), IT Security, and protection of Federal and DoD data and information systems including adherence to National Institute of Standards and Technology (NIST) policies, NIST/DoD security standards and the Federal Information Security Management Act (FISMA). In addition, the Contractor shall not connect any non-government issued computer or Universal Serial Bus (USB) Flash Drive Media Device to the DCAA network.

Contractor Identification. The contractor is required to identify themselves as a contractor when attending meetings, answering government telephones or where their contractor status is not obvious to third parties (i.e., e-mail). The contractors are also required to mark any documents as being contractor-prepared or ensure that their participation as contractors is appropriately disclosed.

3.21 Quality Assurance

The COR will review, for completeness, preliminary or draft documentation that the contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COR. The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

3.22 Administrative Considerations

3.22.1 CORRESPONDENCE

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Representative (COR) with an information copy to the Contracting Officer (CO) and the Contract Administrator (CA).

b) All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this SOW) shall be addressed to the Contracting Officer with an information copy to the

COR.

3.22.2 POINTS OF CONTACT

3.22.2.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

DIAR 1452.201-70 Authorities and delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. The COR for this task order will be appointed at time of award.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

3.22.2.1 CONTRACTING OFFICER

The Contracting Officer (CO) for this effort is as follows:

Department of the Interior Acquisition Services Directorate ATTN: Kimberly Luke, 381 Elden Street, Suite 4000 Herndon, Virginia 20170-4817 Office: 703-964-3628; email Kimberly.Luke@ibc.doi.gov

3.22 FAR CLAUSES and PROVISIONS incorporated by Reference

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

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation (Dec 2014)

52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014)

3.23 FAR CLAUSES and PROVISIONS included in FULL TEXT

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL LAW OR

AN UNPAID FEDERAL TAX LIABILITY (FEB 2012)

(a) In accordance with sections 433 and 434 of Division E of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by the Act may be used to enter into a contract with any corporation that -

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror certifies that –

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months;

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (APR 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).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

__X (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 (June 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].

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_X_ (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.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-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)).

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

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

__ (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 (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (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).

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_X_ (32) 52.222-40, Notification of…