Amendment_0003_-_Synopsis-Solicitation_-_EA-133W-17-RQ-3202_-_1.23.17.doc

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items and 13.5, Simplified Procedures for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued. (The solicitation number is EA-133W-17-RQ-3202 and is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92. This solicitation is being issued on an unrestricted basis. The associated NAICS Code is 811219 and the Small Business Size Standard is $20.5M. A single award, Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (ID/IQ) contract is anticipated.

This combined synopsis/solicitation is for the purchase of the following commercial item(s):

Calibration Services for the National Weather Service (NWS) Test, Measurement, and Diagnostic Equipment (TMDE) in accordance with:

· Attachment 1- Statement of Work (SOW) titled “National Test Equipment Calibration Contract”

· Attachment 2- Contiguous Continental U.S. (CONUS) Test, Measurement and Diagnostic Equipment (TMDE)

· Attachment 3- Outside Contiguous Continental U.S. (OCONUS) Test, Measurement and Diagnostic Equipment (TMDE) – Alaska, Hawaii, Puerto Rico, Guam

· Attachment 4- Special or High Power TMDE calibrated on-site or off-site for CONUS or OCONUS

· Attachment 5- TMDE calibrated off-site by the Original Equipment Manufacturer (OEM) in CONUS or OCONUS

· Attachment 6 – NWS Test Equipment Due Dates

· Attachment 7 – NWS Calibration Sites Addresses

· Attachment 8 – Past Performance Questionnaire

CONTRACT LINE ITEM NUMBER (CLIN)

Ordering Period I

Ordering Period I –April 1, 2017 – March 31, 2018

Ordering Period I – April 1, 2017 – March 31, 2018

Ordering Period II

Ordering Period II – April 1, 2018 – March 31, 2019

Ordering Period III

Ordering Period III – April 1, 2019 – March 31, 2020

Ordering Period IV

Ordering Period IV – April 1, 2020 – March 31, 2021

Ordering Period V

Ordering Period V – April 1, 2021 – March 31, 2022

The Government anticipates the placement of incremental orders for Calibration Services. The quantities have not been determined at this time.

Vendors are advised to include a complete copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its quote.

The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition. Quotations must be submitted to the attention of Jennifer A. Hildebrandt by e-mail to jennifer.hildebrandt@noaa.gov. Quotes are due by 1:00 pm EST on January 27, 2017. The name and telephone number of the individual to contact for information regarding this solicitation is Jennifer A. Hildebrandt, jennifer.hildebrandt@noaa.gov and (757)441-3433.

APPLICABLE FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS & CLAUSES

Clauses 52.203-3 - Gratuities (Apr 1984)

52.204-9 - Annual Representations and Certifications (Oct 2016)

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 (Oct 2016)

52.203-6 Alt 1 - Restrictions on Subcontractor Sales to the Government (Sept 2006)

52.204-10 - Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

52.204-14 - Service Contract Reporting Requirements (Jan 2014)

52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.219-9 – Alt II - Small Business Subcontracting Plan (Oct 2015)

52.219-16 - Liquidated Damages—Subcontracting Plan (Jan 1999)

52.219-28 - Post Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 - Convict Labor (June 2003)

52.222-19 - Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

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

52.222-26 - Equal Opportunity (Sep 2016)

52.222-35 - Equal Opportunity for Veterans (Oct 2015)

52.222-36 - Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 - Employment Reports on Veterans (Feb 2016)

52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 - Combating Trafficking in Persons (Mar 2015)

52.223-18 - Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

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)

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 60 months thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause) 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 $3,000.00, 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 $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 10 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.

(End of Clause) 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 after one year of the contract expiration.

(End of Clause) 52.217-6 -- Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of TMDE items called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at any time during contract or task order performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause) 52.217-8 – 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 10 days prior to contract expiration.

(End of Clause)

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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 66 months.

(End of Clause)

52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

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/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfcara.htm (End of Clause)

1352.201-70 - Contracting Officer's Authority.

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

1352.201-72 - Contracting Officer's Representative (COR) (APR 2010)

(a) ___TBD________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:____________________

E-mail:____________________

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause) 1352.208-70 - Restrictions on Printing and Duplicating (APR 2010) 1352.209-72 - Restrictions Against Disclosure (APR 2010) 1352.209-74 - Organizational Conflict of Interest (APR 2010) 1352.216-74 - Task Orders (APR 2010) 1352.216-76 - Placement of Orders (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Contracting Officer’s at NOAA EAD

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is _N/A___.

(End of clause)

1330-52.242-70 - Postaward Conference (APR 2010)

1352.246-70 - Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NOAA National Weather Service 1325 East-West Hwy SSMC-2

Silver Spring, MD 20910

1352.270-70 - Period of Performance (APR 2010)

(a) The base period of performance of this contract is from April 1, 2017 or date of award, whichever occurs later, through 60 months thereafter.

(End of clause) 52.203-99 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

Provisions 52.204-7 - System for Award Management (Jul 2013)

52.209-2 - Prohibition On Contracting With Inverted Domestic Corporations--Representation (Nov 2015)

52.209-5 - Certification Regarding Responsibility Matters (Oct 2015)

52.209-7 - Information Regarding Responsibility Matters (Jul 2013)

52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1 - Instructions to Offerors -- Commercial Items (Oct 2015)

Addendum to 52.212-1 Instructions to Offerors – Commercial Items ((APR 2014)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to Jennifer A. Hildebrandt at jennifer.hildebrandt@noaa.gov by 4:30 EST on January 13, 2016. The Government is not required to provide responses to vendor’s inquiries or correspondence.

2) Quote Preparation

The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in two separate volumes:

Volume I –Price

Volume II – Technical

b. The technical proposal shall not contain any reference to price. It is incumbent upon the vendor to provide a Technical Proposal in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate proposals in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

d. After the completion of the best value determination, the Government reserves the right to conduct a site visit at the apparent awardees facilities, to include MCFs, to verify technical capabilities.

3) Price Quote Instructions

The price quote shall be submitted separately from the Technical Approach using the CLIN Structure on page 1 of the RFQ.

4) Technical Approach Instructions

The Technical Approach shall be such as to enable the Government technical personnel to make a thorough evaluation and to arrive at a sound determination of whether the proposal meets the specification requirements. To this end, the Technical Approach should be sufficiently specific, detailed and complete so as to clearly and fully demonstrate that the vendor has a thorough understanding of the requirements set forth in the Statement of Work (SOW). Proposals which merely offer to conduct a program in accordance with the requirements of the Government's Statement of Work or merely state that requirements are understood and will be complied with, which paraphrase the specification document, the statement of work or parts thereof, or use phrases such as "standard engineering practices will be employed", or "well established techniques will be employed", etc., may be considered unacceptable. The proposal shall follow the general outline listed below.

I. Introduction – Executive Summary

a. Summary of Technical Approach

b. Summary of technical and schedule risks

c. Listing of any exceptions taken to the requirements

d. A listing of any specific items that the vendor will not be able to satisfactorily and completely calibrate on-site due to limitations in the Mobile Calibration Facilities (MCFs) Transfer Standards or capabilities.

II. Technical Approach – Page Limitation of 50 pages (not inclusive of resumes).

a. The vendor's approach shall demonstrate understanding of task requirements, contain proposed approaches for accomplishing the SOW requirements, include schedules and areas of risk and risk management. If a subcontractor must be utilized, the vendor shall submit all pertinent information pertaining to that subcontractor per SOW paragraph 20.8, Sub-Contracting, of this solicitation.

b. The vendor shall provide proof of its ISO 9001:2008 certification and ISO/IEC 17025:2005 accreditation indicating: company name/address, certification numbers, quality standards performed to, a description of the services/products performed, the certification expiration date, and the identification of the accredited unit issuing the certification or demonstration of how this requirement will be met within 120 days of contract award.

c. The vendor's technical proposal shall, in addition, specifically address each of the following topics in detail:

i. Detailed Calibration Plan, including the number and distribution of MCFs, detailed schedules and reporting and tracking capabilities of planned calibration site visits for the first year.

ii. MCF Readiness including all calibration equipment, electro-mechanical requirements, current ability to perform all required equipment (except Noise Sources) calibrations, measured MCF load and generator power capacity; MCF load is the calibration equipment, lightning, AC, etc. operational load in watts or amps that is measured with the current or power meters in the MCF or with an external meter.

iii. Means for ensuring Transfer Standards calibration and accuracy.

iv. Capability, suitability, and availability of the vendor's centralized calibration laboratories.

v. Discussions of proposed quality assurance programs, if any, and how they complement ISO certification and accreditation.

vi. Quality Assurance Surveillance Plan describing the approach, procedures, and methods for tracking the objectives, including communication with the Government, handling corrective actions, and implementing improvements. The plan shall include performance standards, Acceptable Quality Levels (AQLs), and positive/negative incentives.

d. Staffing Approach

i. The vendor shall provide a level of effort (showing staff- months-per-person) and general staffing approach for utilization of the vendor’s personnel resources that demonstrates an understanding of the skill sets required to successfully accomplish the tasks of the SOW. The vendor shall describe the quantity and type of personnel to be used and provided qualification and experience to be used on this project in accordance with SOW Section 3.0. Resumes shall be provided for all Technicians.

ii. This staffing approach should demonstrate the vendor’s ability to meet the minimum requirements of the SOW throughout the performance of the contract.

5) Past Performance Instructions – Page Limit of 15 pages (3 pages per performance record)

a. Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than five (5) of the firm’s most recently completed contracts/orders (not to exceed five (5) years since completion) for like or similar work. Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

b. Each Vendor shall submit, in writing, information on past performance. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. The Vendor is required to send Attachment 8, Past Performance Questionnaire, to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires:

Jennifer A. Hildebrandt

Jennifer.hildebrandt@noaa.gov

U.S. Department of Commerce/NOAA/ERAD

c. The Government will not accept Questionnaires directly from the vendors, only Questionnaires submitted from vendor’s references will be accepted.

d. The Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government will obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include Contractor Performance Assessment Reporting System (CPARS); Past Performance Information Retrieval System (PPIRS) reports, the Federal Awardee Performance and Integrity System (FAPIIS), or past performance information from any source.

e. The burden of providing thorough, complete, and relevant past performance information rests with the vendor. If the vendor possess no relevant past performance, it should affirmatively state so in the quote.

(End of Provision) 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

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

· Technical Approach

· Past Performance Technical Approach and Past Performance, when combined, are significantly more important than price.

ast performance will be evaluated based on relevancy and quality. Regarding relevancy, each past performance reference under each quoter’s Past Performance submission will be evaluated to determine its individual scope and magnitude relative to the instant requirement. The following definitions will apply to this evaluation:

Scope: Experience in the areas defined in the Performance Work Statement (PWS).

Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s contracts.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A neutral rating will not be evaluated favorably or unfavorably.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Oct 2016)

52.217-5 - Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision) 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999)

52.225-25 – Affirmative Action Compliance (Apr 1984)

52.233-2 - Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jennifer A. Hildebrandt, Contracting Officer, NOAA Eastern Acquisition Division, 200 Granby Street, Suite 815, Norfolk, VA 23510.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision) 52.252-1- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfcara.htm (End of Provision) 52.203-98 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

EG-133W-16-RQ-0474