0-a-RFP_FACPPM-_CLINS _Scope _Terms...8-15-16-_PRISM.doc

RFP No. DU100A-16-R-0008

FAC-P/PM TRAINING 2016

8/15/2106

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1.

SERVICES:

The U.S. Department of Housing and Urban Development (HUD), Office of the Chief Procurement Officer (OCPO) is seeking a FAI Verified Contractor services to provide Federal Acquisition Certification-Program/Project Managers (FAC-P/PM) Training for Entry-Level and Mid-Level Certification. Program and Project Managers (P/PM) are critical in developing accurate government requirements, defining measurable performance standards and managing life-cycle activities to ensure that intended outcomes are achieved. The FAC-P/PM Program focuses on essential functional and technical competencies needed for P/PM Managers.

B.2.

TYPE OF CONTRACT:

This is a firm fixed price contract for a qualified contractor on the latest FAI “Verified P/PM Course Vendor Listing” to provide the Entry-Level and Mid-Level FAC/PPM certification courses listed on the Contract Line Item Numbers (CLIN’s) sheets. The firm fixed unit price of each item is the total compensation for all the services provided and delivery of the related materials for each item in accordance with the scope, specifications, terms, and conditions stated herein.

B.3

PLACE OF PERFORMANCE:

The services to be performed under this contract shall be performed at the Contractor’s facilities or a location designated by the Contractor, in Washington, DC, as described in the scope of work.

B.3

PERIOD OF PERFORMANCE:

The Period of Performance shall be for as specified in Solicitation Form 1449, and the first course under each CLIN (or Cohort) must start no later than 19 September 2016.

B.4

CLIN PRICE SHEET

NOTE: 1. Each offeror must fill in prices and other information for all the CLIN’s in the blank boxes below.

2. Each offeror must attach a copy of the current FAI-FAC-P/PM Vendor-Verification Letter.

3. First course under each CLIN must start no later than September 19, 2016.

4. Each class duration shall be at least the days specified in the scope of work.

CLIN

LOCATION: Vendor provided facility near Metro Rail station, Washington, DC.

STUDENTS: Maximum 20.

FPM-131 =

……. days;

FPM-132 =

……. Days, FPM-133=

……days, FPM-134=

…….days

(lump sum)

LOCATION: Vendor provided facility near Metro Rail station, Washington, DC.

STUDENTS: Maximum 20.

FPM-131 =

……. days;

FPM-132 =

……. Days, FPM-133=

……days, FPM-134=

LOCATION: Vendor provided facility near Metro Rail station, Washington, DC.

STUDENTS: Maximum 20.

FPM-231 =

……. days;

FPM-232 =

……. Days, FPM-233=

……days, FPM-234=

TOTAL PRICE

(All CLIN’s)

OFFEROR NAME: _______________________

Point of Contact: ___________________ email: _____________

Phone No.:

SECTION C - Description/Specifications

Statement of Work (SOW)

Federal Acquisition Certification-Program and Project Managers Training

(FAC-P/PM)

1.0 Background. The U.S. Department of Housing and Urban Development (HUD), Office of the Chief Procurement Officer (OCPO) is seeking Contractor services to provide Federal Acquisition Certification-Program/Project Managers (FAC-P/PM) Training. Program and Project Managers (P/PM) are critical in developing accurate government requirements, defining measurable performance standards and managing life-cycle activities to ensure that intended outcomes are achieved. The FAC-P/PM Program focuses on essential functional and technical competencies needed for P/PM Managers.

2.0 Objective. The objective of this requirement is to obtain Contractor services to train HUD staff in obtaining the essential and technical competencies needed for P/PM Managers. This will improve the management of high-risk, high-impact programs and strengthen HUD’s P/PM Managers to improve program outcomes. HUD staff should meet the entry level and mid-level FAC-P/PM certification upon successful completion of FAC-P/PM training.

3.0 Constraints. The Contractor providing the required certification training shall be currently verified by Federal Acquisition Institute (FAI) for alignment in the FAC-P/PM competency model. Contractor provided training shall be FAI verified FAC-P/PM training.

4.0 Scope. FAC-P/PM Training. HUD requires a Contractor to provide FAC-P/PM training that meets the Entry Level and Mid-Level FAC-P/PM certification. The Contractor shall provide qualified personnel to deliver the required training curriculum as well as provide training facilities and all necessary training materials.

4.1 Period of Performance. The total Period of Performance shall be as specified under Solicitation Form 1449. First course under each CLIN (or Cohort) must commence no later than 19 September 2016.

4.2 Place of Performance. The services to be performed under this contract shall be performed at the Contractor’s facilities or a location designated by the Contractor.

4.3 Hours of Operation: The Contractor is responsible for providing services between the hours of 8AM to 5PM Eastern Standard Time, Monday thru Friday except Federal holiday or when the Government facility is closed due to local or national emergencies, administrative closing, or similar Government directed facility closings. Weekly hours shall not exceed a forty (40) hour work week and a typical work day will be 8 hours each day Monday through Friday. The Government reserves the right to change hours of operation or restrict contractor access. Work outside these daily hours is prohibited without Contracting Officer approval. Government agencies will not be available during scheduled holidays, inclement weather, weekends, after duty hours.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of services as defined within the Contract when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

4.4 Post Award/Kickoff Conference: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Government may convene a Post Award Conference with the Contractor within three (3) business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location and agenda.

4.5 Travel: There is no Contractor travel required in the performance of the training services specified herein. Any travel or related costs, if any, will not be allowed under this contract.

5.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES. There is no Government Furnished Property being provided in the performance of the training services specified herein.

6.0 CONTRACTOR FURNISHED ITEMS AND SERVICES. The Contractor shall furnish all facilities, equipment and supplies required to perform the services specified herein.

6.1 Facilities: The Contractor shall provide facilities that are adequate for the required training as well as access to appropriate technology to facilitate training. Training location/facilities shall be located in the Washington, DC Metropolitan Area and be within approximately 3 blocks of an operational Washington Metropolitan Area Transit Authority Metrorail Station (Metro).

6.2 Materials: The Contractor shall provide for each course conducted: (1) all necessary course material for each attending student, the maximum attendance being 20 students in each course; (2) a record of the attendees which shall include their first and last name, office and telephone number (class roster) for each day of training; (3) resultant grade(s) for each attendee; and (4) a course evaluation to be completed by each attendee at the conclusion of each training course.

6.3 Contractor Communication. The Contractor in conjunction with OCPO shall only conduct business with designated Government personnel as specified by OCPO.

7.0 SPECIFIC TASKs. The Contractor shall provide FAC-P/PM training that meets the Entry Level and Mid-Level FAC-P/PM certification. The Contractor shall present training as a series of classes via “Cohorts” of which all courses meet the specified FAI FAC-P/PM Course Codes. All Training shall be conducted in a classroom setting. all training must be FAI verified.

The individual Cohorts shall include the course titles/competencies and training hours as specified below.

Cohorts 1 and 2 – FAC-P/PM Entry Level

FPM 131: Fundamental of Project & Program Management; Competency 1-4 (4 days)

FPM 132: Fundamentals of Contracting; Competency 5 (2 days)

FPM 133: Fundamentals of Business, Cost & Financial Management; Competency 6 (2 days)

FPM 134: Fundamental of Leading Projects and Programs; Competency 7 (2 days)

Cohort 3 – FAC-P/PM Mid-Level

FPM 231: Applications in Project & Program Management; Competencies 1-4 (4 days)

FPM 232: Applications in Contracting; Competency 5 (2 days)

FPM 233: Applications in Business, Cost & Financial Management; Competency 6 (2 days)

FPM 234: Applied Leadership in Projects & Programs; Competency 7 (2 days) Competencies

1 – Requirements

2 – System Engineering

3 – Test & Evaluation

4 – Life Cycle Logistics

5 – Contracting

6 – Business, Cost, Finance

7 – Leadership

8.0 DELIVERABLES and MILESTONES. The Contractor shall complete all work, deliver all deliverables and adhere to all milestones as specified herein. The Government reserves the right to make changes to delivery dates. The Contractor shall provide the deliverables as specified below.

+ GTR

At the start of and during each class

8.1 Acceptance Criteria: Acceptance of all deliverables shall be given by the GTR/COR, via email, to the Contractor.

8.2 Contractor Personnel. The Contractor shall designate a Contract Manager/Project Manager who shall provide sufficient management to ensure tasks are performed efficiently, accurately, timely and in compliance with the requirements of the scope of work, and terms and conditions. An alternate shall also be designated to act in the absence of the Contract Manager. These points of contact shall each be an employee of the Contractor. An employee of a subcontractor is not acceptable for either of these positions. The Contract Manager/Project Manager or alternate shall be available between the hours of 8:00am to 4:30pm, Monday through Friday EST, except Federal Holidays or when the Government facility is closed for administrative reasons.

8.3 Key Personnel - General.

2452.237-70 Key Personnel.

KEY PERSONNEL (FEB 2006)

(a) Definition. "Personnel" means employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities.

(b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer.

8.3.1 Key Personnel – Course Instructors. The Government considers the Course Instructors to be key personnel with demonstrated relevant federal prior experience, qualifications, and education. During the period of performance, new key personnel must be pre-approved by the Government. The contractor shall provide the Government a copy of a new instructor’s resume 5 days prior to training to allow the Government sufficient time to assess the qualifications of the new instructor.

8.3.2. The following experience is required for the Course Instructor(s):

a) A 4-year course of study leading to a bachelor's degree or higher;

b) Demonstrated three (3) years of training experience in federal government acquisition courses. Experience shall have taken place within the past three (3) years.

c) Demonstrated five (5) years of relevant federal contract experience.

d) FAC-P/PM highest level FAI certification 8.4 Key Personnel - Project Manager (PM). The PM shall be empowered to commit the contractor and act as the main point of contact for technical issues and administrative issues related to this contract. The PM will provide technical advice, organize and plan. The PM will ensure that: (1) the goals and objectives of the project are met, and (2) resolve problems so that customer satisfaction is accomplished within prescribed time frames and funding parameters.

8.4.1. The following experience is required for the Project Manager;

a) Demonstrated customer service with three (3) years of Federal Government experience, managing firm fixed price contracts with projects of a similar nature and scope as referenced under this contract.

b) Demonstrated oral and written communication capabilities appropriate for the highest levels of management.

c) Keeping the end user informed of updates and changes via email or written communication.

d) Skills are similar to those of this requirement and in projects similar in size and scope as referenced under this contract. Experience shall have taken place within the past three (3) years.

8.5 Identification of Contractor Employees. All Contractor/subcontractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, Contractor/subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Contractors/subcontractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation.

CONTRACT TERMS AND CONDITIONS

52.212-1 Instructions to Offerors —Commercial Items (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

The provision at 52.212-1 is hereby tailored to modify the following elements of the provision:

(b) Submission of offers. Tailored:

Modifications, amendments, or withdrawal of proposals and other written non-electronic communications should be sent to the above address before the closing day and time.

Offerors must comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instruction for the format and content of the proposal may be considered non-responsive and may render the Offeror ineligible for award.

INSTRUCTIONS FOR SUBMISSION OF OFFERS

Prospective offerors should submit their complete offers only electronically to the Contracting Officer at the following email address:

Ramesh.J.Sharma@hud.gov (phone: 202-402-3023), plus cc: Katharina.X.Washington@hud.gov (phone: 202-402-3240)

(f) Late Submission, modifications, revisions, and withdrawals of quotations- (1)Vendors are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation, if no time is specified in the solicitation, the time for receipt is 4:30pm., local time, for the designated Government office on the date that quotes or revisions are due.

(2)(i)Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is “late” and will not be considered unless:

A. The Contracting Officer determines that accepting the late quote would not unduly delay the acquisition; and

B. Other vendors will not be prejudiced; and

C. The quote is received before the award process has begun.

(ii) However, a late modification of an otherwise successful quote, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the quote wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

GENERAL INFORMATION REQUIRED TO PREPARE OFFERS:

The offers must include FAI-Verification letter for each FAC/PPM course offered, otherwise the offer may be considered non-responsive and rejected.

Offerors must respond to all requirements of the solicitation with no additions or deletions. All required fill-ins must be completed. Non-conformance with the solicitation requirements may render the offer non-responsive, and the Offeror may be ineligible for award.

An Offeror’s proposal is presumed to represent their best effort to respond to the solicitation. Offerors are reminded that offers containing exceptions to the solicitation may render the offer non-responsive, and the Offeror may be ineligible for award.

Responses must adequately address specific solicitation requirements and be responsive to the terms and conditions of the solicitation. The Government also reserves the right to change any of the terms and conditions of this solicitation by amendment at any time prior to task order award and to allow for Offerors to revise their offers accordingly.

KEY PERSONNEL

The offeror shall provide resumes and job descriptions of key personnel Describe the experience, skills, education, training, qualifications, and certifications that will be required for the course instructor position. Include the review process, availability and existing commitments of key personnel.

The Contractor may submit alternative key positions to those proposed here, so long as all of the specialized experience requirements are met under key positions of the contract.

PRICE (NON-TECHNICAL)

The offeror must submit its price offers by filling in prices and all other requested information in all the blank boxes for each of the CLIN’s in the CLIN Price Sheet, of this solicitation.

GENERAL INSTRUCTIONS

Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals. The government intends to make award without discussion. The government may request clarifications to clarify certain aspects of proposals or resolve minor or clerical errors that do not alter the offer.

The Government is obligated only to the extent of authorized funded award actually made by the CO.

METHOD OF AWARD:

This acquisition will be awarded to the responsible and responsive offeror, and who has offered the lowest total price for all Contract Line Items (CLIN’s), determined as follows:

(a) Responsible, means the offeror and its offered courses must be technically acceptable based on the current FAI-Verification letter for each course offered, and as shown on the latest FAI “Verified P/PM Course Vendor Listing”, and,

(b) Responsive, means the offeror must have offered all the items listed on the CLIN Price list, and complied with all other terms and conditions of the solicitation, and,

(c) Lowest price offer, means the sum total of the prices offered for all the items on CLIN-Price sheet, should be the lowest among all the timely responsive and responsible offers.

52.204-14 Service Contract Reporting Requirements.

Service Contract Reporting Requirements (Jan 2014)

(a) Definition.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and DUNS number); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Items (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements…