solicitation _Facilitation.pdf

DTFR53‐16‐R‐00006

SUPPLIES OR SERVICES AND PRICES/COSTS

SUPPLIES OR SERVICES TO BE PROVIDED

This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract that provides for the acquisition of services as set forth in the Statement of Work.. Specific tasks will be issued through individual task orders. Firm Fixed Price or Time and Materials/ Labor Hour task orders will be issued individually in accordance with the terms and conditions described in Section H – Special Contract Requirements or as specified elsewhere in the contract. Funds will be obligated by individual task orders.

(a) Upon execution of task orders, the contractor shall provide the personnel, facilities, equipment and all other materials and services necessary to perform the requirements set forth in the task order Statement of Work.

(b) In accordance with FAR Subpart 16.5, Indefinite‐Delivery Contracts, the minimum and maximum quantities of specific services are defined as follows:

(1) MINIMUM QUANTITY: The minimum value specified herein, represents the total minimum amount of work effort (in terms of dollars) that the Government is required to order and the contractor is obligated to furnish as ordered, over the entire term of the contract, inclusive of the base period and any options exercised. The total minimum value of this contract is $1,000. The government reserves the right to withhold this minimum amount if the vendor demonstrates consistent lack of interest in competing for orders throughout the life of the contract.

(2) MAXIMUM QUANTITY: The maximum value of the contract specified herein, represents the total maximum amount of work effect (in terms of dollars) that the Government may require and the contractor is obligated to furnish if and as ordered, over the entire term of the contract inclusive of the base period and any options exercised. The total maximum value of this contract is $500,000.

Schedule

CLIN Title Period of Performance

CLIN 0001 Facilitation Services Three years after date of contract

The total value of task orders from this IDIQ shall not exceed $500,000 over the three year period. Only the price for task order 1 in attachment 1 will be evaluated.

General Scope of work

The contractor shall provide services related to the following general areas:

1.) Focus Group Data Gathering and Analysis: Meet with leadership teams and staff to identify and validate development areas, plans, and areas for improvement. Plan and execute small group focus group meetings to identify areas for improvement.

2.) Off‐site Facilitation: Facilitate off‐site discussion designed to identify and solve organizational problems and develop medium to long term organizational plans.

3.) Performance Management Training Support: Consult and interact with OPM on the design and delivery of performance management training for supervisors and staff. Ensure OPM has sufficient context and input from the focus groups to tailor an effective program that addresses those needs.

4.) Leadership Team Synergy Building and Development: Plan and facilitate meetings with the FRA senior and extended leadership teams to (1) to discuss focus group readouts/reach consensus on management’s response, and (2) identify ways for the leaders to improve communication and information sharing, strengthen empowerment and delegation, build greater accountability and review ways to better support one another.

5.) Organizational Consulting to FRA Associate Administrators: Meet with the Associate

Administrators to discuss ways to (1) maintain momentum following leadership meetings, (2) propose suggestions for improving the workplace environment, (3) explore steps to strengthen leadership presence at three levels (within the leadership team, within FRA as a whole and among his peers/direct supervision)

6.) Organizational Recommendations: Recommend areas for improvement to Associate

Administrators based on results from focus groups and off‐site meetings.

7.) General Management, Leadership and Organization Consulting: The contractor shall complete other tasks related to general management, leadership and organizational consulting called out by task order statements of work.

PACKAGING AND MARKING

PACKAGING AND MARKING

(a) All packing and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices. It is strongly suggested that packages be sent via express mail or private overnight carrier such as: Fed Ex, DHL, or UPS.

(b) All information submitted to the Contracting Officer or the Contracting Officer’s Representative

(COR) shall be clearly marked with the name of the organization/contractor, the contract number, task order and/or modification number as appropriate and the identification of the submission.

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information under the terms and conditions of the contract, including forms, report, etc., to the Contracting Officer or the COR, shall be paid by the contractor.

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

Satisfactory completion of work under this contract shall be indicated by written receipt of such work by the Contracting Officer or the designated Contracting Officer Representative (COR). Taking physical delivery of deliverable items shall not constitute acceptance.

52.246‐4 INSPECTION OF SERVICES ‐ FIXED‐PRICE. (AUG 1996)

52.246‐6 INSPECTION‐TIME‐AND MATERIAL AND LABOR‐HOUR (MAY 2001)

SECTION F ‐ DELIVERIES OR PERFORMANCE

F.1 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor may elect to review the evaluation and submit additional information or a rebuttal statement within thirty days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the

Contracting Officer, whose decision is final.

Copies of the evaluations, contractor responses and review comments, if any, will be retained as part of the contract file and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

The U.S. Department of Transportation utilizes the Contractor Performance Assessment Reporting

System (CPARS) to record and maintain interim and final past performance information.

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following URL:

https://www.cpars.gov/.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30‐day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

PLACE OF DELIVERY

(a) All deliverables, as described herein and as required by individual task orders, shall be delivered under transmittal letter, to the COR at the following address:

US Department of Transportation Federal Railroad Administration Office of Railroad Development

ATTN: TBD

1200 New Jersey Avenue, SE, W36‐418 Washington, DC 20590

(b) Some deliverables as specified by individual task orders and a copy of each deliverable’s transmittal letter shall be delivered to the Contracting Officer at the following address:

US Department of Transportation Federal Railroad Administration Office of Acquisition & Grants Services ATTN: Keith Boyea 1200 New Jersey Avenue SE, W34‐301 Washington, DC 20590

CONTENTS OF DELIVERABLES

Deliverables will be negotiated by individual task orders under this contract.

CONTRACT ADMINISTRATION DATA

TAR 1252.242‐73 CONTRACTING OFFICER'S REPRESENTATIVE. (OCT 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies and services, including construction, and other functions of a technical nature.

The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(c) The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Only the Contracting Officer can authorize any such revision in writing. The Contracting Officer shall promptly countermand any action that exceeds the authority of the COR

COR ASSIGNMENT

(To be inserted at time of award) is hereby designated as the Contracting Officer’s Representative (COR) for this contract. The COR can be reached at (to be inserted at time of award).

The COR has the authority to monitor the technical progress of the services that are required to be delivered under the contract. This includes visits to the contractor’s place of performance, meetings, and telephone conversations with the contractor’s personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the contracting officer.

The COR cannot authorize or order the cessation of contract work or delete, change or waive any of the technical requirements or other terms and conditions of the contract. If a change (monetary or otherwise) to the contract is desired, the contractor must submit a written request to the contracting officer for consideration. If appropriate, the change will be effected by a contract modification, after discussions and/or negotiations. Whenever a difference of opinion between the contractor and the COR occurs, the contracting officer or contract specialist should be contacted immediately for resolution.

The contractor should also contact the contracting officer or contract specialist when the COR cannot be contacted on a technical matter and for assistance on all other matters pertaining to this contract.

INVOICING INSTRUCTIONS

The contractor shall submit invoices for payment utilizing Standard Form 1034 prepared in accordance with “Instructions for Preparation and Submission of Public Vouchers” available via the following link:

http://www.dot.gov/assistant‐secretary‐administration/procurement/tar‐part‐1232‐contract‐financing

Send one original copy to the following address:

FAA MIKE MONRONEY AERONAUTICAL CENTER

HQ ROOM 272/FRA

6500 S MACARTHUR BLVD

OKLAHOMA CITY, OK 73169

or electronically to: 9‐amc‐amz‐fra‐invoices@faa.gov

Payment will be made by electronic funds transfer (EFT) to the contractor’s bank account in accordance with the banking information to be supplied by the contractor on the SF 3881.

Note to contractor: DOT FRA may transition to another electronic invoicing system during the period of performance of the contract. In that case, the contractor will be required to utilize that system. The contractor will receive instructions on how to use and access that system prior to implementation of any new system

SPECIAL CONTRACT REQUIREMENTS

CONFLICTS OF INTEREST

The DOT is committed to avoiding situations which may place any of its contractors in a position that may subject them to circumstances involving bias, conflicts of interest or unprofessional conduct. In this respect, the contractor's strategic goals, corporate policies, management practices, and culture must be designed to maintain the firm's public responsibility of independence without regard to remuneration from other sources.

It is incumbent upon the contractor to promptly disclose, in writing, to the Contracting Officer and COR any actual or apparent conflict of interest or an interest or interests that may give rise to the appearance of a conflict that could affect the public's confidence in Department's execution of federal laws and regulations governing its financial assistance and safety programs.

DOT's policy is to award contracts to only those offerors whose objectivity is not impaired due to any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities. Furthermore, DOT’s policy is not to award a contract to a contractor who is representing or has represented an entity where that entity or its property will be involved in projects funded by FRA or who is or has represented a railroad in a safety matter or regulatory proceeding before FRA. No member partner or key personnel of the Contractor, or an immediate family member thereof, shall have an interest, financial or otherwise in applicants, projects or a real property related to a project, or property that is adjacent thereto, for which the FRA is or is contemplating providing credit assistance.

The Department seeks contractors that will provide the highest caliber of services commensurate with the complexity of the service requested. Conflicts are viewed within the financial profession on a transactional basis and subject to rules of professional responsibility or codes of conduct.

The contractor shall be bound by, and strictly comply with, applicable Rules of Professional Responsibility or Code of Conduct requirements regarding ethical and conflict of interest issues that impact the delivery of advisory services provided to the Department and the firm shall promptly disclose to the Contracting Officer and COR any relationship with an entity that might give rise to an actual or apparent conflict of interest.

Any other matter that could represent a potential conflict of interest must be promptly brought to the attention of the Contracting Officer who, after consulting with the COR and FRA’s Office of Chief Counsel, will make a final decision relative to the contract for which the Department is seeking services.

H.3 ORDERING PROCEDURES

(a) Task Orders negotiated under this contract may be issued only by a designated Contracting Officer representing the U.S. Department of Transportation, Federal Railroad Administration.

(b) Task orders may be solicited, negotiated, and issued from the effective date of this contract through completion or termination of the base period and one year option period of the contract. If all options are exercised, task orders may be issued through a three year period commencing from the effective date of contract. The period of performance for individual task orders issued under this contract may extend for one year beyond the period of performance of the contract for the base period and the option period, if exercised. Each order will include the contracting officer’s representative assigned to that order.

(c) All task orders shall be subject to the terms and conditions of this basic contract. In the event of conflict between a task order and this contract, the contract shall control. The Government will issue task orders for those segments of work defined in the Statement of Work. The task orders shall be the instruments for specific work performance.

(d) There is no limit on the number of task orders that may be issued against this contract. It is anticipated that firm‐fixed‐price (FFP) and Time and Material task orders will be negotiated for individual work requirements under this contract within the minimum and maximum values stated for the base and each option period. If the Government’s requirements (in any period or in all periods combined) do not result in task orders against this contract beyond the stated minimum value ($1,000), that fact shall not constitute the basis for an equitable price adjustment.

(e) Any task order issued during the effective period of this contract and not completed within that time shall be completed by the contractor within the time specified in the order. The task order shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period.

(g) Orders placed under this contract shall contain the following information:

1. Contract number and Task Order number;

2. Scope of Work, including references to applicable requirements in the basic contract;

3. Effective date of the order;

4. Delivery or performance period;

5. The estimated price for services to complete performance under the task order;

6. Milestones schedule for progress payments, if any;

7. The Not‐to‐Exceed dollar amount for contractor travel and other miscellaneous expenses to be reimbursed by the Government under the task order, if any.

8. Place and manner of inspection and acceptance;

9. Accounting and appropriation data;

10. Name and telephone number of the assigned FRA COR; and

11. Any other pertinent information.

SECTION I ‐ CONTRACT CLAUSES

I.1 FAR 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://acquisition.gov/far/index.html

Number Title

52.203‐16 Preventing Personal Conflicts of Interest (Dec 2011)

52.303‐17 Contractor Employee Whistleblower Rights and Requirements to Inform

Employees of Whistleblower Rights (April 2014)

52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper (May

2011)

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

52.204‐13 System for Award Management Maintenance (Jul 2013)

52.212‐4 Contract Terms and Conditions—Commercial Items (May 2015)

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items (Mar 2016)

(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 (Nov 2015)

(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, 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 (Oct 2015) (41 U.S.C. 3509).

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

_X__ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Oct 2015) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

_X__ (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 (Oct 2015) (31 U.S.C. 6101 note).

_X__ (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 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.

_X__ (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 2015) (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 2015) of 52.219‐9.

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

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

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

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

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

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

632(a)(2)).

___ (23) 52.219‐29, Notice of Set‐Aside for, 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 (Feb 2016) (E.O.

13126).

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

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

_X__ (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).

_X__ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

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

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

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

___ (ii) Alternate I (Oct 2015) of 52.223‐13.

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

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

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

8259b).

___ (39) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

___ (43) 52.225‐5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

___ (48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

___ (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) (E.O. 13658).

___ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination 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) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

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

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

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

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

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

793).

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

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

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

(xi) ____ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xiv) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

(xvii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xviii) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

52.216‐19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $500,000;

(2) Any order for a combination of items in excess of $500,000 or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source

52.216‐22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract four years after date of contract award.

52.2179‐8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of the end of the period of performance.

52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months.

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the

Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price

ATTACHMENTS

Attachment 1 Task Order 1 Statement of Work Attachment 2 Past Performance Questionnaire

INSTRUCTIONS TO OFFERORS

52.212‐1 INSTRUCTIONS TO OFFERORS (OCT 2015)

PROPOSAL REQUIREMENTS

The proposal shall include three volumes as described below:

1.) Price proposal: The price proposal shall include a fixed price in response to the statement of work titled, “Facilitation Services, Task Order 1” found in section J.

2.) Technical Proposal: The technical proposal shall have three elements.

a. Technical capability to accomplish the general statement of work. This volume shall describe the contractor’s approach to meeting the requirements described in the general statement of work. Additionally, the proposal shall demonstrate knowledge of Federal government organizational performance issues, problems, and challenges. It shall show an understanding of the elements of Federal government organizational effectiveness.

b. Technical capability to accomplish the statement of work for task order 1. This volume shall describe the contractor’s approach to meeting the requirements described in the statement of work for task order 1. The proposal shall demonstrate an understanding of the Federal government’s Employee Viewpoint Survey (EVS) and how EVS responses can be used to improve organizational performance.

c. Resume for lead consultant/facilitator. The resume shall show expertise in facilitation and performance management.

3.) Past Performance. The contractor shall submit past performance history of three recent (within the last three years) and relevant projects successfully completed. This information shall be submitted on the form attached to this solicitation and the form shall be completed and submitted by the contractor’s past performance client. The FRA reserves the right to utilize all past performance information available, including but not limited to CPARS and PPIRS.

L.2 PROPOSAL LIMITS

The proposal shall adhere to the following limits:

1.) Price proposal: The price proposal shall include only the price for Task Order 1.

2.) Technical Proposal:

a. The technical capability to accomplish the general statement of work submission shall not exceed three pages.

b. The technical capability to accomplish the statement of work for task order 1 shall not exceed five pages.

c. The resume shall not exceed three pages.

3.) The past performance submission shall be submitted on the form attached to this solicitation.

SECTION M

EVALUATION FACTORS FOR AWARD

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical proposal

2. Price Proposal

3. Past Performance

Technical and past performance, when combined, are approximately equal to price.