RFQ_DJJ-17-S-APG-0031_Amendment_II_multiparty_mediation_training-revised_8-10-2017.docx

RFQ DJJ-17-2-APG-0031

Amendment II

Statement of Work for

Basic Multiparty Facilitation Training Program And Advanced Multiparty Mediation Training Program

1. BACKGROUND

The Community Relations Service is the Department's "peacemaker" for community conflicts and tensions arising from differences of race, color, and national origin. Created by the Civil Rights Act of 1964, CRS is the only Federal agency dedicated to assist State and local units of government, private and public organizations, and community groups with preventing and resolving racial and ethnic tensions, incidents, and civil disorders, and in restoring racial stability and harmony. With passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, CRS also works with communities to employ strategies to prevent and respond to alleged violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion or disability.

CRS facilitates the development of viable, mutual understandings and agreements as alternatives to coercion, violence, or litigation. It also assists communities in developing local mechanisms, conducting training, and other proactive measures to prevent racial/ethnic tension and violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. CRS does not take sides among disputing parties and, in promoting the principles and ideals of non-discrimination, applies skills and offers services that allow parties to come to their own agreement. In performing this mission, CRS deploys highly skilled professional conciliators, who are able to assist people of diverse backgrounds.

Mediation and facilitation are two CRS’s services. CRS field mediators use these tools to assist parties in conflict to identify issues and interests, analyze issues and interests, develop mutually agreed upon solutions and draft agreement documents. CRS offers both services to parties to assist in the resolution of community-based conflict stemming from disputes or alleged discrimination based on race, color and national origin. Likewise, CRS offers both services to communities experiencing tensions following an alleged hate crime committed on the basis of actual or perceived race, color, national origin, sexual orientation, gender identity, religion, disability or gender.

2. SCOPE

The scope of this procurement has for four elements.

· First, contractor will develop basic multiparty facilitation training for CRS staff. The basic facilitation training program will be 24-hours/3-days.

· Second, the contractor will develop a train-the-trainer version of the basic facilitation program. As an option, CRS may ask the contractor to also deliver the program. See details below.

· Third, the contractor will develop and deliver an advanced multiparty mediation training for CRS staff. The advanced mediation training program will be 24-hours/3-days, including traditional classroom instruction and experiential learning.

· Finally, the contractor will develop and deliver a training-of-trainer version of the advanced mediation program.

3. OBJECTIVES

Key objectives of this initiative are:

· Develop a basic facilitation training program customized to incorporate the context of CRS’s jurisdictional mandate and operational environment that improves CRS staff’s knowledge and skills to effectively provide facilitation in a wide variety of meeting types, including, but not limited to: 1) designing and facilitating community dialogues, 2) designing and facilitating community forums; and 3) designing and facilitating other types of meetings that CRS convenes. The frameworks should not focus on problem solving or agreement development, but rather techniques to assist parties in creating understandings, common ground and analyzing issues and interests.

· Develop and deliver advanced mediation training program customized to incorporate the context of CRS’s jurisdictional mandate and operational environment to improve CRS staff’s knowledge and skills to effectively provide multiparty mediation processes. The topics should include, but is not limited to: 1) managing heightened emotions; 2) managing difficult people and parties; 3) strategies for developing agreements involving complex and controversial issues that address the root causes of the relevant conflicts and tensions; and 4) agreement writing that clearly summarizes the stakeholders’ decisions, next steps, timeframes, and parties identified as leads for implementing the agreed-upon actions.

· Develop a train-the-trainer program for the basic facilitation training program

· Develop and deliver train-the-trainer program for the advanced multi-party mediation training programs.

· Develop engaging PowerPoint (or similar) presentation materials and supplemental materials that support both of the aforementioned trainings for CRS staff and that utilize state-of-the-art instructional design principles for adult learners and innovative techniques. These materials shall support ongoing learning and enable CRS staff to understand and implement all facets of multiparty mediation frameworks and processes.

4. TASKS

Project Schedule

Task #1: Project Schedule Development and Delivery

· Contactor will develop and deliver a project schedule to CRS Training Specialist within 15 business days of contract award that includes dates for submitting draft and proposed final deliverables to CRS for review and proposed training dates.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Basic Multi-Party Facilitation Training Program

Task #2: Basic Multi-Party Facilitation Training Program Development

· Contractor will identify an evidence-based multiparty facilitation methodologies for a wide variety of meeting types, including, but not limited to: 1) designing and facilitating community dialogues, 2) designing and facilitating community forums; and 3) designing and facilitating other types of meetings that CRS convenes. The methodologies should not focus on problem solving or agreement development, but rather on techniques to assist parties in creating understandings, common ground and analyzing issues and interests.

· Contractor will convene one focus group, totaling 5-10 CRS staff, including field mediators, Regional Directors, Training Specialist and CRS leadership. These focus groups will provide feedback to inform the Contractor’s development of a basic multiparty facilitation methodology, role plays, exercises and other teaching tools to facilitate the required customization of the course materials.

· Contractor will develop a 24-hour/3-day, basic multiparty facilitation training program that is customized to incorporate the context of CRS’s jurisdictional mandate and operational environment.

· Contractor will develop engaging PowerPoint (or similar) presentation materials and supplemental materials that support the 24-hour/3-day, basic facilitation training program and that utilize state-of-the-art instructional design principles for adult learners and innovative techniques. These materials shall support ongoing learning and enable CRS staff to understand and implement all facets of multiparty facilitation frameworks and processes.

· Upon final delivery of the program, all materials developed will be the property of the Community Relations Service.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #3: Basic Multi-Party Facilitation Training for Trainer’s Program Development

· Contractor will develop training for trainer’s version of the basic multiparty facilitation training program.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #4: Option to Deliver One (1) Basic Multi-Party Facilitation Training Program

· Contractor will deliver one (1), 24-hour/3-day basic multiparty facilitation training program. The program will be attended by up to 20 CRS field and HQ staff members. The GTR will notify the contractor 60 – 120 days prior to training date.

· Contractor will co-deliver the basic multiparty facilitation training program with designated CRS Training Staff. In the event that CRS chooses to exercise Task #4, the contractor will train up to five (5) staff chosen by CRS to co-deliver the basic multiparty facilitation training program with the contractors. The GTR will notify the contractor 60 – 120 days prior to training date.

· This training program will be delivered either in the Denver, CO-metropolitan area or the Washington, DC metropolitan area within 180 days of contract award. The GTR will notify the contractor 60 – 120 days prior to training date.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Advanced Multi-Party Mediation Training Program

Task #5: Advanced Multi-Party Mediation Training Program Development

· Contractor will convene two focus groups, totaling 5-10 CRS staff, including field mediators, Regional Directors, Training Specialist and CRS leadership. These focus groups will help the contractor identify the context of CRS’s jurisdictional mandate and operational environment to facilitate the required customization of the course materials.

· Contractor will develop a 24-hour/3-day, advanced multiparty mediation training program that is customized to incorporate the context of CRS’s jurisdictional mandate and operational environment.

· Contractor will develop engaging PowerPoint (or similar) presentation materials and supplemental materials that support the 24-hour/3-day, advanced multiparty mediation training program and that utilize state-of-the-art instructional design principles for adult learners and innovative techniques. These materials shall support ongoing learning and enable CRS staff to understand and implement all facets of multiparty mediation frameworks and processes.

· Upon final delivery of the program, all materials developed and used during the delivery of the program will be the property of the Community Relations Service.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #6: Advanced Multi-Party Mediation Training Program Delivery

· Contractor will deliver two (2) separate, 24-hour/3-day advanced multiparty mediation training programs. Each program will be attended by up to 20 CRS field and HQ staff members. The second program will be a Training for Trainers Program. See Task #8.

· This training program will be delivered either in the Denver, CO-metropolitan area or the Washington, DC metropolitan area within 180 days of contract award. The GTR will notify the contractor 60 – 120 days prior to training date.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #7: Advanced Multi-Party Mediation Training for Trainers Program Development

· Contractor will develop a 24-hour/3-day, advanced multi-party mediation training for trainers program.

· Contractor will develop engaging PowerPoint (or similar) presentation materials and supplemental materials that support the 24-hour/3-day, advanced multiparty mediation training for trainers program and that utilize state-of-the-art instructional design principles for adult learners and innovative techniques. These materials shall be developed based on the curriculum included in the Advanced Mediation Training Program.

· Upon final delivery of the program, all materials developed and used during the delivery of the program will be the property of the Community Relations Service.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #8: Advanced Multi-Party Mediation Training for Trainers Program Delivery

· The second program delivery will be a training-for trainers program. The contractor will co-deliver the advanced multi-party mediation training program with 3-5 CRS staff chosen by CRS. The program will be attended by up to 20 CRS field and HQ staff members

· This training program will be delivered either in the Denver, CO-metropolitan area or the Washington, DC metropolitan area within 180 days of contract award. The GTR will notify the contractor 60 – 120 days prior to training date.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #9: Option to Deliver One (1) Additional Advanced Multi-Party Mediation Training Program

· Contractor will deliver one (1) additional, 24-hour/3-day advanced multiparty mediation training program. The program will be attended by up to 20 CRS field and HQ staff members. The GTR will notify the contractor 60 – 120 days prior to training date.

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

Task #10: Delivery of Training Program Materials

· Upon final delivery of the programs, the contractor will provide electronic copies of all materials developed and utilized during the programs to CRS within 15 business days

· SECTION 508 PROVISION - The products or services quoted in response to an oral request for pricing or the attached Request for Quotation are communication and information technology (CIT) as defined by Section 508 of the Rehabilitation Act of 1973, 1998 Amendments.

For products and services which are CIT, vendor must specify how each product or service complies with the Section 508 standards applicable by completing the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility or providing written documentation as to compliance with each Accessibility Standard as identified. Be advised that the VPAT may be completed on-line at http://www.itic.org/public-policy/accessibility, go to Register For Buy Accessible: - Product Vendors.

The Section 508 Accessibility Standards applicable to this deliverable are:

· 1194.24 Video or Multimedia Products

· 1194.31 Functional performance criteria

· 1194.41 Information, documentation, and support

5. DELIVERABLES SCHEDULE

CRS agrees to timely review proposed deliverables and provide comments and requests for changes within 7 business days of receipt. Please note that all references to days in this SOW refer to business days.

Project Schedule Development and Delivery

Within 15 business days of contract award

Basic Multi-Party Training Program

· CRS Training Specialist will provide feedback and edits within 7 business days of receiving Draft #1

· Final Version: Within 45 days of contract award

· CRS Training Specialist will provide feedback and edits within 7 business days of receiving Draft #1

· Final Version: Within 60 days of contract award

· Contractor will be notified within 120 days of the contract award if CRS plans to exercise this option

Advanced Multi-Party Mediation Training Program

· CRS will provide feedback and edits within 7 days of receiving Draft #1

· Final Version: Within 30-60 days of contact award date

6. PLACE OF PERFORMANCE

Contractor will provide services primarily off-site. If The Contractor will coordinate meetings with the CRS Training Specialist and others, in-person, via teleconference or video teleconference. In-person meetings requiring the Contractor to incur travel expenses must be authorized by CRS to be reimbursable.

7. TRAVEL

The contractor may be required to travel as needed to perform the services required under this contract. Travel time should not exceed the period of time necessary to perform the required tasks. Exact dates and length of travel will be agreed upon at a later date.

All travel related expenses will be reimbursed by CRS in accordance with the Federal Travel Regulations and FAR Subpart 31.205-46 Travel costs (https://www.acquisition.gov/?q=/browse/far/31). Travel and lodging arrangements shall be made at the most economical rates available. Travel itinerary and estimated travel costs shall be submitted to and approved by CRS in advance of travel. The contractor shall submit all supporting documents for any expense that exceeds $25.00. The government will not authorize work during Federal Holidays or on weekends unless advance approval is set forth.

Travel costs will not exceed $5,000.

8. PERIOD OF PERFORMANCE

The period of performance for this work shall not exceed 12 months from the date of award.

9. CONTRACT TYPE

This is a firm fixed-price contract. CRS estimates the approximate cost of the procurement to be $120,000 and an additional $5,000 for travel costs.

10. KEY PERSONNEL CLAUSE

It has been determined that the person(s) put forth by the contractor and approved by the DOJ who will be conducting the training is necessary for the successful performance of this contract. The contractor agrees to assign such person(s) to the performance of the work under this contract and shall not reassign or remove him/her without the consent of the Contracting Officer. If for any reason the aforementioned person(s) is unavailable for performance of the work required under this contract, the contractor shall, upon the request and approval of the Contracting Officer, replace such employee with a person(s) of substantially equal abilities and qualifications. The request for substitution shall be made in adequate time for DOJ to review the credentials and qualifications and approve the replacement candidate.

11. GOVERNMENT FURNISHED INFORMATION

CRS will provide the contractor with documents and materials from any previous, similar projects if required. These materials make include, but are not limited to: 1) current training materials; 2) non-privileged business process information; or 3) non-privileged policies and procedures. The contractor may use these documents and materials in support of developing the service deliverables.

12. GOVERNMENT TECHNICAL REPRESENTATIVE

Upon issuance of any task order, a Government Technical Representative (GTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he/she shall not be authorized to change any terms and conditions of the resultant contract, including price. The GTR, who is also the Project Manager, is authorized to:

a. Act as liaison and to coordinate contractor/government activities;

b. Arrange for and coordinate the use of government resources (personnel, space, documents, etc.);

c. Provide technical guidance in the performance of the contract; and

d. Receive, review and approve (but not reject or deny) progress reports, selected in invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the Contracting Officer.

e. Authorized to certify (but not to reject or deny) invoices for payment. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

The GTR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed. The GTR For this purchase order will be:

TBD

Community Relations Service United States Department of Justice @usdoj.gov

13. INVOICING REQUIREMENTS AND PAYMENT OFFICE

Invoices

Invoices shall be submitted in accordance with the general invoicing requirements of the Schedule contract under which this task order is awarded. Invoices shall be delivered to the GTR. The GTR is responsible for certifying proper invoices for payment. Negative inspection results on invoices will be reported immediately to the Contractor and the Contracting Officer.

Payment Office

The office that will make payments due under this task order (i.e., the designated payment office) is shown below. Please note that the Contractor must submit all invoices through the GTR for certification.

U.S. Department of Justice, 2CON Building 145 N Street, NE Room 7E.1002 Washington, DC 20530-0001

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to the DOJ Vendor Assistance Hotline which is on (202) 616-6260.

14. WORK PRODUCT AND MATERIALS

All information, documents, reports, transmittals, recordings, and any other material related to this project between Contractor and CRS is the sole and exclusive rights and ownership of CRS. The use of any recordings of federal government employees or federal government contractors for purposes other than conducting the training is prohibited unless expressly agreed upon by CRS and the individual recorded.

At the completion of this project any and all recordings shall be provided to CRS without having been copied by the contractor.

15. CONFIDENTIALITY OF DATA

Duplication or disclosure of information to which the Contractor will have access as a result of this contract is prohibited. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that will perform under this contract, including the Contractor, team member, subcontractor, consultant, and/or independent contractor. It is understood that throughout performance of this contract, the Contractor will have access to designated confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout contract performance, whether title thereto vests in the Department of Justice or otherwise. “Data” in this context also includes any information on which the Contractor is working. The Contractor agrees not to disclose or divulge any such information except to persons who:

Have a DOJ security approval, Have signed the DOJ Non-Disclosure Agreement, and Have a need to know.

The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative therefrom, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.

The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files, or materials, of whatever kind and description, or any copies or duplicates of such, whether developed/prepared by the Contractor or furnished by the Government in connection with the performance of this contract; and that, upon demand, the Contractor will surrender immediately to the Technical Manager such items, matters, materials, and copies.

All designated confidential DOJ data will be removed from contractor-owned laptops upon termination of contractor work.

16. FAR CLAUSES/PROVISIONS

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) - This purchase order incorporates the following clauses by reference with the same force and effect as if they were given in full text. The Contractor shall complete any required information items below in applicable provisions/clauses.

· 52.212-3 Offeror Representations and Certifications—Commercial Items (JAN 2017)

· 52.212-4 Contract Terms and Conditions—Commercial Items.52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JAN 2017)

· 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008)

This Request for Quotation incorporates the following clauses in full text.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2017)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved] 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—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).

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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (OCT 2015). (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

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

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

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

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

X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

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

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

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

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

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

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

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

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

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

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

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

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