FDA-23-SOW-1263746-V2.pdf

FDA-23-SOW-1263746

OCI – Human Resource Employment Consulting Services

1.0 Background

The Food & Drug Administration (FDA), Office of Criminal Investigations (OCI), is responsible for conducting and coordinating agency criminal investigations relating to violations of the Federal Food, Drug, and Cosmetic Act, Federal Anti-Tampering Act, Title 18 offenses and other areas over which FDA has jurisdiction. The special agents of the OCI are charged with investigating alleged criminal violations within FDA’s jurisdiction. These violations include counterfeit, unapproved and illegal drugs or medical devices; product substitution; health fraud and health care fraud and application fraud among other violations.

2.0 Objectives

The FDA requires consulting services to FDA/Office of Regulatory Affairs (ORA)/OCI in the areas of employee relations advisory services and case processing, conflict resolution, mediation, grievance processing, review of personnel misconduct investigations, policy and procedure development relating to employment, as well as other human resources matters involving law enforcement personnel issues.

The consulting services directly involve law enforcement personnel who are in rigorous positions which are subject to medical standards and physical requirements approved by the Office of Personnel Management and are authorized to carry weapons as well as other employees of the FDA/ORA/OCI who are not law enforcement officers.

3.0 Scope

The scope of this contract shall include, but is not limited to, HR consulting services for the following:

1. Guidance to OCI management and administrative personnel involving employee relations and employment regulations, policies and procedures

2. Trainings or presentations for OCI employees and supervisors regarding updated HR laws and regulations

3. Misconduct investigations, grievance processing and mediation

4. Program management support in administering the resulting contract

4.0 Tasks

In all consulting assignments, the Contractor shall secure approval of the Human Resources Specialist in FDA’s Office of Human Capital Management (OHCM) prior to any advice provided and documents prepared for issue to OCI employees.

4.1 Employee Relations

The contractor shall provide guidance and consultation services to OCI management regarding employee relations regulations, policies and procedures. Activities under this area shall include, but are not limited to, assistance with:

a. Reviewing OCI policies relating to OCI’s philosophy, rules and procedures for addressing employee-related matters and resolving problems in the workplace

b. Advice in the areas of leave and attendance, employee misconduct, conflict resolution, morale problems, probationary and trial periods, performance management, violence in the workplace, substance abuse and rehabilitation, counseling, workers’ compensation, and unemployment compensation

c. Guidance for personnel actions including detail opportunities, transfers, reassignments, changes to lower grade, terminations, removals, security clearances, grievances, complaints and performance evaluations

d. Guidance for changes in pay, benefits, awards, training and other significant changes in duties/responsibilities consistent with an employee’s salary and/or grade level

e. Developing and processing supportable conduct-based actions

f. Developing and processing supportable performance-based actions

g. Reviewing and advising on suitability determinations related to personnel investigations and security clearances

h. Processing corrective, disciplinary and adverse actions and grievances, preparing related documents and advising management during the process

i. Conducting investigations to ascertain the root cause(s) of problems and conflicts in the workplace and morale issues along with any recommendations for OCI action.

j. Guidance for appeals, alternative dispute resolution and reasonable accommodation

k. Developing/implementing alternative dispute resolution and alternative discipline policies and programs

l. Resolving problems and addressing concerns between and among employees and supervisors

m. Establishing avenues for open communication and feedback between employees and supervisors

n. Processing and resolving grievances, complaints and appeals

o. Guidance for establishing meaningful employee recognition

4.2 Trainings

As requested by OCI, the Contractor shall provide trainings and presentations for OCI employees and managers. Training topics shall be presented approximately 3 times per year, or when relevant new case law related to employee relations is established.

a. Trainings and presentations may be conducted either face to face or via webinar, at OCI discretion.

b. Trainings and presentations shall be provided for approximately 43 people

c. Representative training topics include, but are not limited to, the following:

1. Training for supervisors regarding employee conduct, performance, corrective and disciplinary actions and grievances/complaints

2. Diversity/Inclusion

3. Equal Employment Opportunity (EEO) principles and complaints

4. Prevention of Sexual harassment/discrimination

5. Conflict management

4.3 Misconduct Investigations (approximately 10 per year)

Activities under this task area shall include, but are not limited to, assistance with:

a. Review of investigative reports, information and evidence gathered, and problem identification

b. Identification of OCI needs and objectives

c. Review of OCI precedents and preparation of recommendations for appropriate follow-up and/or corrective action(s)

d. Reviewing and preparing case files and documents to assist OCI managers to address and resolve problem situations

e. Preparing documents for disciplinary and corrective action(s) when warranted

f. Development of prevention and education materials

4.4 Grievance Processing (approximately 5 per year)

Activities under this area shall include, but are not limited to, assistance with:

a. Ensuring compliance with OPM requirements and all DHHS/FDA/OCI policies and procedures in the processing of grievances

b. Examining the facts of grievances in conjunction with relevant regulations/ policies/procedures

c. Reviewing and preparing case files and documents to assist OCI managers to resolve problem situations

d. Assist OCI managers in formulating the OCI position in responding to grievance presentations

e. Assist OCI managers in formulating the employer response to employees’ grievance presentation(s)

f. Ensuring that the employee receives required information regarding the right to seek review of grievance decisions

4.5 Mediation (Approximately 10 per year)

Activities under this area shall include, but are not limited to, assistance with:

a. Collecting relevant policies/procedures/ rules/regulations relating to the mediation

b. Collecting and examining internal documents relating to the mediation

c. Reviewing and preparing case files and documents to assist participants to resolve problem situations

d. Assist OCI managers in the formulation and identification of the problem and initial position

e. Framing issues based on OCI negotiation strategy

f. Brainstorming outcomes suitable to OCI

g. Attending mediation meetings with OCI managers

h. Drafting of any mediation agreement between the parties

4.6 Program Management

Activities under this area shall include, but are not limited to:

a. Providing the project management services necessary to plan, coordinate, manage, report, and deliver the services detailed in the contract.

b. Providing sufficient personnel and quality control to ensure that required services are performed in accordance with contracted deliverables, milestones, performance standards, and specifications.

c. Developing and maintaining all project documentation and identified deliverables. Program Management activities shall include:

1. Base contract administration

2. Summary of issues, problems and corrective actions taken or proposed solutions/resolutions to the issues/problems

3. Personnel gains, losses and status

4. Government actions or decisions or input required, and

5. Schedules and plans (showing major task, milestones and deliverables; planned and actual start and completion dates). Schedules and plans may be submitted in Excel or Microsoft Word.

d. Providing a monthly report to OCI management

1. Monthly reports shall include a summary of OCI Open Cases with status updates

2. Reports shall describe the contract administration of each of the task areas (4.1 - 4.5)

3. Reports shall be due no later than the 5th day of the month for the previous month’s services

5.0 Task Deliverables and Milestones

Reference to SOW

Task Area Description of Deliverable Due Date/Frequency

4.1 Documents on guidance, advice and recommendations to

OCI management regarding employee relations policies and procedures

As requested by OCI

4.2 Copies of presentations and training documents provided

to OCI supervisors and employees

As needed, for each training or presentation provided

4.3 Misconduct investigation case files, documents and

findings

As needed, for each misconduct investigation

4.4. Grievance case files and documents As needed, for each grievance

4.5 Mediation case files and documents As needed, for each mediation

4.6 Monthly Report Monthly, due on the 5th of each

month

4.6 Project management documents (i.e. plans, schedules) As requested by OCI

6.0 Labor Schedule/Key Personnel

The Contractor shall provide individuals with the technical skills to perform the work described above.

The following labor category will be considered key personnel under this contract:

Senior HR Specialist: Possesses knowledge of federal statutory, regulatory and case law requirements for the full scope of employee relations activities, e.g., oral and written warnings, counseling, and disciplinary and adverse actions in the federal sector, e.g., admonishments, reprimands, suspensions, demotions, removals, grievances, appeals, etc. Possesses knowledge of federal sector procedural and policy requirements and case law precedents for the full scope of employee relations activities, e.g., disciplinary and adverse actions in the federal sector, e.g., admonishments, reprimands, suspensions, demotions, removals, grievances, appeals, complaints, etc. Possesses knowledge of statutory, regulatory, policy and procedural requirements unique to law enforcement personnel in the federal sector in the employee relations activities identified above and other areas of human resources activities, e.g., retirement benefits, Law Enforcement Availability Pay (LEAP) for administratively uncontrollable overtime, Giglio considerations, personnel security issues, emergency response activities, etc. Relevant experience providing consulting advisory services and training/ briefings for managers, supervisors and employees in the above knowledge areas. Relevant experience preparing the full range of correspondence related to employee relations activities, e.g., written disciplinary and adverse actions, proposals, decisions, and related documents; grievance decisions and related documents; settlement agreements; employee applications for disability retirement; responses to claims for unemployment compensation; and related appeals, responses to appeals and discrimination complaints filed by affected employees; and analyses of case law applications to specific cases.

7.0 Contract Administration

Government Furnished Information and Equipment The FDA will provide the Contractor with the following:

• FDA issued computer and PIV card

• Information and background needed to respond to requests for requested services

Place of Performance The contractor’s primary place of performance for work relative to accomplishing contract tasks shall be the contractor’s site. The majority of in-person meetings and trainings between the contractor and FDA/OCI will be held at OCI’s Headquarters located at 7500 Standish Place, Rockville, MD 20855, or other mutually agreed-upon location in the metropolitan Washington DC area.

Typical office hours are expected to be 8:00 AM to 4:30 PM, Local Time (but could vary based on Government need), Monday through Friday.

As needed, the Contractor may be required to provide HR services at other FDA/OCI locations nationwide. If services cannot be provided virtually, travel outside the Washington, D.C. metropolitan area may be required.

Travel Any travel costs incurred by the Contractor within the Washington, D.C. metropolitan area shall be considered local travel, and will not be reimbursed.

If non-local travel is required to fulfill assignments, travel shall be requested by the Contractor and approved and authorized by the COR prior to incurring any travel costs. Travel costs not requested and approved prior to being incurred may not be reimbursed. If travel is required and approved by the FDA, the Contractor will be reimbursed for travel expenditures incurred as a direct cost during performance of this contract, and in accordance with the appropriate limitations set forth in FAR 31.205-46 and Federal Travel Regulations (FTR) (https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr). The Contractor will be authorized travel expenses consistent with the FTR in effect on the date(s) of travel and the limitation of funds specified in the contract. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment voucher must be submitted with justification for use of higher-class travel indicating dates, times, and flight numbers. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates. When requesting reimbursement of travel costs, the Contractor shall provide the following information to the FDA: Name of traveler and purpose of trip; place of departure, destination and return; time and dates of departure, destination and return; and the total cost of the trip.

Period of Performance The period of performance of this contract shall be a 12-month base year, with four option years:

Base Year: September 17, 2023 – September 16, 2024 Option Year 1: September 17, 2024 – September 16, 2025 Option Year 2: September 17, 2025 – September 16, 2026 Option Year 3: September 17, 2026 – September 16, 2027 Option Year 4: September 17, 2027 – September 16, 2028

Contract Type The Government anticipates awarding a labor-hour type contract.

Offeror’s Certification – Organizational Conflicts of Interest As a regulatory agency charged with protection of the public health, the Food and Drug Administration (FDA) must maintain public confidence in the integrity of its decisions. The FDA has various policies and procedures that safeguard against both actual and apparent conflict of interest (COI) on the part of its employees. It is additionally critical that the FDA be assured that there is no actual or apparent COI on the part of either the Contractor's organization or its individual employees in performance of this contract.

Offerors submitting quotations to perform work under this contract must assure the protection of the information and data they receive in performance or under this contract from unauthorized use or disclosure, and must avoid actions that would cause a reasonable person to question the impartiality of the Contractor, its employees, or the Government in the performance of this immediate contract and potential participation in future contract actions. The Contractor will be held to the restrictions of the Organizational Conflict of Interest clause, unless an acceptable mitigation of risk plan is proposed, found to be acceptable by the Government, and enforced.

POTENTIAL CONFLICTS OF INTEREST SPECIFIC TO THIS CONTRACT – Offerors shall review the Statement of Work in detail to identify any particular aspects that may present organizational or individual COI, either actual or apparent.

DEFINITION OF CONFLICT OF INTEREST - Conflict of interest means that because of other activities or relationships with other persons or organizations, a person or organization is unable or potentially unable to render impartial assistance or advice to the Government, that the person's or organization's objectivity in performing the contract is or might be otherwise impaired, or that the person or organization has or might acquire an unfair competitive advantage (See FAR 9.501).

Organizational Conflicts of Interest

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. This clause applies to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the performance of this contract as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(c) Warrant and Disclosure. The warrant and disclosure requirements apply to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement.

(f) Prime Contractor Responsibilities. Contractor shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507

(g) Waiver. The contractor may seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

(h) As a regulatory agency charged with protection of the public health, the Food and Drug Administration (FDA) must maintain public confidence in the integrity of its decisions. The FDA has various policies and procedures that safeguard against both actual and apparent conflict of interest (COI) on the part of its employees. It is additionally critical that the FDA be assured that there is no actual or apparent COI on the part of either the Contractor's organization or its individual employees in performance of this contract action.

(i) Offerors submitting quotations to perform work under this contract must assure the protection of the information and data they receive in performance or under this contract from unauthorized use or disclosure, and must avoid actions that would cause a reasonable person to question the impartiality of the Contractor, its employees, or the Government in the performance of this immediate contract and potential participation in future actions.

Contractor will be held to the restrictions of the Organizational Conflict of Interest clause, unless an acceptable mitigation of risk plan is proposed, found acceptable by the Government and enforced

(j) POTENTIAL CONFLICTS OF INTEREST SPECIFIC TO THIS CONTRACT - Offerors shall review the Statement of Work included in each RFTOP in detail to identify any 47 particular aspects that may present organizational or individual COI, either actual or apparent.

(k) DEFINITION OF CONFLICT OF INTEREST - Conflict of interest means that because of other activities or relationships with other persons or organizations, a person or organization is unable or potentially unable to render impartial assistance or advice to the Government, that the person's or organization's objectivity in performing the contract is or might be otherwise impaired, or that the person or organization has or might acquire an unfair competitive advantage (See FAR 9.501).

(End of clause)

FDA 1350 Access to Non-Public Information All Contractor and subcontractor employees are required to sign the Contractor's Commitment to Protect Non-Public Information (NPI) Agreement (Form FDA 3398). If a person who has signed this agreement resigns, is dismissed, or is otherwise no longer working on this contract, the Contractor shall notify the FDA Project Officer and the Contracting Officer. Any new Contractor or subcontractor employee assigned to this contract shall sign the form, and the Contractor shall deliver it to the Contracting Officer ten (10) days prior to said new employee's commencement of work on this contract.

The prime Contractor, subcontractors, and consultants shall not be provided nor possess non-public information in any form unless written approval has been granted, nor shall they have unaccompanied access to an FDA facility unless a facility clearance has been granted.

Government Points of Contact Contracting Officer Kyle Smith – kyle.smith@fda.hhs.gov

Contracting Officer’s Representative

TBD

Clauses:

FAR 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): www.acquisition.gov/far

The following HHSAR and FAR clauses are incorporated by reference:

**THIS REQUIREMENT IS SET-ASIDE to Women Owned Small Business**

52.219-6 Notice of Total Small Business Set-Aside (NOV 2000)

52.212-1 - Instructions to Offerors – Commercial Items (Oct 2018)

52.212-2 - Evaluation – Commercial Items (Oct 2014)

52.212-3 - Offeror Representations and Certifications- Commercial Items (OCT 2018)

52.204-7 - System for Award Management (Oct 2018)

52.204-16 - Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 - Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Oct 2018)

• If an offeror has not completed annual representations and certifications in the SAM database, offerors shall include a completed copy of the provision at 52.212-3 with this offer

52.219-1 - Small Business Program Representations (Oct 2014)

• If an offeror has not completed annual representations and certifications in the SAM database, offerors shall include a completed copy of the provision at 52.219-1 with this offer

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. (Jan 2017)

52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-14 Limitations on Subcontracting (Jan 2017) http://www.acquisition.gov/far

52.222-26 Equal Opportunity (Sept 2016)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

52.227-14 Rights in Data-General (May 2014)

52.227-17 Rights in Data-Special Works (Dec 2007)

52.232-40 Providing Accelerated Payments to Small Business (Dec

2013)

Provisions:

52.217-5 Evaluation of Options (Jul 1990)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

352.239-73 Electronic Information and Technology Accessibility Notice (Dec

2015)

Full Text FAR Clauses relevant to this requirement:

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 at any time prior the end of the contract.(End of Clause)

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/these address(es): https://acquisition.gov/far/

52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016) https://acquisition.gov/far/

52.212-4 – Contract Terms and Conditions – Commercial Items (Oct 2018)

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

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (End of clause)

FAR 52.212.4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022)

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

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

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402).

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&amp%3Bnum=0&amp%3Bedition=prelim

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

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

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

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

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and(3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

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

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

(v) Alternate IV (Aug 2018) 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 (Jan 2017) (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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

_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)).

X (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 (Dec2015) (15 U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

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

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (July 2014) of 52.222-35.

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

(ii) Alternate I (July 2014) of 52.222-36.

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

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-section793&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196

(38) (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.

(39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.8259b).

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

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun2016) (E.O. 13693).

(45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83).

(47) (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.

(48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053316 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section2501&amp%3Bnum=0&amp%3Bedition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section3301&amp%3Bnum=0&amp%3Bedition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054921 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055038 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055048

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (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.

(iii) Alternate II (Feb 2006) 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 (Aug 2018) (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) (Aug 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

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

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

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

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

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

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050508 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3…