FMCS-2015-RQ-0002(R).docx

FMCS-2015-RQ-0002

REQUEST FOR QUOTATIONSPAGE OF PAGES

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO.

4.

CERT. FOR NAT. DEF.

RATING

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5A. ISSUED BY

6. DELIVER BY (Date) 5B. FOR INFORMATION CALL: (No collect calls)

7. DELIVERY

NAME

TELEPHONE NUMBER

FOB DESTINATION

(See Schedule)

OTHER

AREA

CODE

NUMBER

9. DESTINATION

a. NAME OF CONSIGNEE

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

c. STREET ADDRESS

c. CITY

d. CITY

e. STATE

f. ZIP CODE

d. STATE

e. ZIP CODE 10.

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ON

OR BEFORE CLOSE OF BUSINESS (Date) This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

ITEM NO.

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(a) (b) (c) (d) (e) (f)

a. 10 CALENDAR DAYS %

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

a. Name (Type or print)

b. TELEPHONE

c. COUNTY

AREA CODE

d. CITY

e. STATE

f. ZIP CODE

c. TITLE (Type or print)

NUMBER

IMPORTANT:

11. SCHEDULE (Include applicable Federal, State and local taxes)

12. DISCOUNT FOR PROMPT PAYMENT

(THIS IS NOT AN ORDER)

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

REQUEST FOR QUOTATIONS

FMCS-2015-RQ-0002

N/A Federal Mediation & Conciliation Service Administrative Services ATTN: Contracting Officer 2100 K. St. NW Washington DC 20427 5-11-2015 Cynthia D. Washington

(202) 606-3677 (To Prospective Offerors) Federal Mediation & Conciliation Service 2100 K. St. NW Washington

DC

20427 05-11-2015 See CONTINUATION Page See Attached Schedule X

Table of Contents

TITLE PAGE

ATTACHMENT A – STATEMENT OF WORK …………………………………………………………………………………. 3

SCHEDULE …………………………………………………………………………………………………………………………………. 7

DELIVERY …………………………………………………………………………………………………………………………………… 10

ATTACHMENT B – DELIVERABLES ……………………………………………………………………………………………….. 12

ATTACHMENT C - SOLICITATION PROVISIONS...…………………………………………………………………………….14

PART 13 – BLANKET PURCHASE AGREEMENT ……………………………………………………………………………. 20

SECTION B – CLAUSES & PROVISIONS …………………………………………………………………………………………. 21

FMCS-2015-RQ-0002

CONTINUATION PAGE

ATTACHMENT A

STATEMENT OF WORK

FMCS Institute Instructor Support

1.0. Introduction: Under this contract, the selected contracted instructors shall provide high quality, interactive, and professional instructional services for the Institute’s labor arbitrator and labor advocate courses. Multiple awards may be made for each of the Arbitration courses.

2.0. Background: Labor arbitrators must meet strict requirements, as set forth in the Code of Federal Regulations, to be listed on the FMCS roster. See 29 C.F.R. 1404, et seq. Accordingly, the Agency, through its FMCS Institute for Conflict Management (the “Institute”), instituted a series of courses relating to the fundamentals of becoming a labor arbitrator, as well as courses on arbitration advocacy. The Institute currently offers a core week-long course called “Becoming a Labor Arbitrator.” This course is considered essential for those aspiring to become labor arbitrators to develop the experience and acceptability needed to be chosen by the parties to resolve their contractual disputes. In addition, the Institute offers other courses. These include: Arbitration for Advocates; Arbitration for Advocates in the Federal Sector; and Evidence and Witness Examination in Arbitration. These courses are designed to train labor advocates and to improve arbitration practice in the public and private sectors. (See Attachment A for course descriptions)

3.0. Course Materials: FMCS will provide all course material and facilitate all logistical arrangements. FMCS will maintain rights to all materials provided and produced. These materials shall not be reproduced or distributed without the consent of the FMCS.

4.0. Scope of Work

4.1. Qualifications: The selected contract instructors must be:

a. Active practicing arbitrators

b. Members of the National Academy of Arbitrators or be eligible to become members

c. Experienced Arbitrators with a minimum of 5 years of arbitration experience

d. Demonstrate their status in the arbitration community

e. Demonstrate experience in delivering highly interactive and professional trainings

4.2. Collaborate with other contractors and FMCS staff during pre and/or post-class conferences; course preparation; and course presentation for one or more of the Institute’s labor arbitration courses;

4.3. Administer correct and review student assessment tools (e.g., quizzes, exams, assignments, simulations, and critiques), as required for the program.

4.5. Return all reusable course materials for which the instructor has responsibility and report equipment damage, loss or inoperability;

4.6. Meet or discuss with the Training Specialist/Course Manager after the delivery and provide specific recommendations concerning the course, materials, equipment, facilities, etc., as appropriate;

4.7. Complete FMCS provided end-of-course evaluations.

4.8. Research current issues and prepare items to augment and supplement existing materials with recent lessons learned or late-breaking events in the arbitration community

4.9. Coordinate and seek approval for any and all changes to course curriculum. Coordination and approval must go through the Training Specialist/Course Manager.

5.0. Deliverables

· Witten instructor division of course lesson plan/agenda not later than 30 days prior to date of course.

· Course critique, assessment, and evaluations within 30 days after course completion.

· Instructor feedback of student arbitration decisions for the “Becoming a Labor Arbitrator” course within 30 days of receipt.

· Reimbursement of travel and direct costs 45 days after completion of travel.

5.1 Acceptance of Deliverables

· All deliverables under this contract will be accepted or rejected in writing by the COR.

· All deliverables must meet normal professional standards and the requirements set forth in the Blanket Purchase Agreement contractual documentation.

See Attachment B

6.0. Description of Courses and Fixed Costs

The FMCS Institute for Conflict Management provides centralized classroom training in mediation, arbitration, negotiations, facilitation, and various conflict management topics. FMCS Institute courses draw participants from both labor and management in many industries. Courses are offered at different locations across the United States. The FMCS Institute charges enrollees for participation in all the courses. Government Established Cost is $1,600.00 per day.

Becoming a Labor Arbitrator - $8,000.00 This course five-day course is geared toward labor-management practitioners with substantial experience in industrial, labor and employment relations who wish to become labor arbitrators.

Topics Include:

· The law of arbitration

· Arbitration, practice, scheduling and pre-hearing procedures

· Conducting the hearing, issues framing, witnesses and records

· Evidence

· Award and opinion writing

· Ethics

· FMCS arbitration policies and procedures

· Building a practice

· Application process to the FMCS Roster of Arbitrators Arbitration for Advocates - $4,800.00 This intensive, three-day program is designed to enhance the arbitration skills of experienced labor relations practitioners -- union business agents and stewards, personnel managers and analysts, and attorneys -- for both labor and management. Private and public sector representatives will both benefit.

Topics Include:

· Educating the arbitrator prior to hearing

· Opening the case with a winning statement

· Structuring the order of proof

· Proving negotiating history and past practice

· Making and responding to evidentiary objections

· Examining witnesses

· Offering relevant prior precedent

· Relying on external law to strengthen your position

· Seeking and opposing uncommon remedies

· Crafting effective closing arguments and post-hearing briefs

Arbitration for Advocates in the Federal Sector - $4,800.00 This intensive, three-day program is designed specifically for labor practitioners in the Federal sector. This course enhances the arbitration advocacy abilities of experienced labor relations practitioners, union business agents, stewards, personnel managers, analysts, and attorneys -- for both labor and management. A major emphasis of this program will be a review of substantive and procedural case-handling issues, using hypothetical situations in an interactive format.

Topics Include:

· Opening the case with a winning statement

· Structuring the order of proof

· Proving negotiating history and past practice

· Making and responding to evidentiary objections

· Examining witnesses

· Remedies in the Federal sector, including the Back Pay Act

· Crafting effective closing arguments and post-hearing briefs

· Post Award Procedures Evidence and Witness Examination in Arbitration - $3,200.00 This new two-day course offering a special emphasis on evidence and witness examination in labor arbitration expands upon the Institute's basic course on Arbitration for Advocates. Designed for those who have had some experience in labor arbitration, the course also should be helpful to those advancing to more complex disputes.

Topics include:

· Anticipating problems of proof

· Preparing witnesses for direct examination

· Cross-examining adverse witnesses

· Demonstrating negotiating history and past practice

· Using subpoenas to obtain documents

· Making and responding to objections

· Applying the hearsay rule and its exceptions

· Laying a foundation and introducing exhibits

· Drawing inferences

· Crafting demonstrative evidence

· Referring to prior inconsistent statements

· Qualifying expert testimony

· Refreshing witness recollection

A.1 Price/Cost Schedule Item Information(Do not Complete this section)

POP Begin: 06-22-2015 POP End: 06-21-2016 Course entitled: "Becoming a Labor Arbitrator"

POP Begin: 06-22-2015 POP End: 06-21-2016 Course entitled: "Arbitration for Advocates"

POP Begin: 06-22-2015 POP End: 06-21-2016 Course entitled: "Evidence and Witness Examination"

POP Begin: 06-22-2015 POP End: 06-21-2016 Course entitled: "Abritration for Advocates (Federal)"

POP Begin: 06-22-2016 POP End: 06-21-2017 Course entitled: "Becoming a Labor Arbitrator"

POP Begin: 06-22-2016 POP End: 06-21-2017 Course entitled: "Arbitration for Advocates"

POP Begin: 06-22-2016 POP End: 06-21-2017 Course entitled: "Evidence and Witness Examination"

POP Begin: 06-22-2016 POP End: 06-21-2017 Course entitled: "Arbitration for Advocates (Federal)"

POP Begin: 06-22-2017 POP End: 06-21-2018 Course entitled: "Becoming a Labor Arbitrator"

POP Begin: 06-22-2017 POP End: 06-21-2018 Course entitled: "Arbitration for Advocates"

POP Begin: 06-22-2017 POP End: 06-21-2018 Course entitled: "Evidence and Witness Examination"

POP Begin: 06-22-2018 POP End: 06-21-2019 Course entitled: "Arbitration for Advocates (Federal)"

POP Begin: 06-22-2019 POP End: 06-21-2020 Course entitled: "Becoming a Labor Arbitrator"

POP Begin: 06-22-2020 POP End: 06-21-2021 Course entitled: "Arbitration for Advocates"

POP Begin: 06-22-2019 POP End: 06-21-2020 Course entitled: "Evidence and Witness Examination"

POP Begin: 06-22-2019 POP End: 06-21-2020 Course entitled: "Arbitration for Advocates (Federal)"

POP Begin: 06-22-2020 POP End: 06-21-2021 Course entitled: "Becoming a Labor Arbitrator"

POP Begin: 06-22-2020 POP End: 06-21-2021 Course entitled: "Arbitration for Advocates"

POP Begin: 06-22-2020 POP End: 06-21-2021 Course entitled: "Evidence and Witness Examination"

POP Begin: 06-22-2020 POP End: 06-21-2021 Course entitled: "Arbitration for Advocates (Federal)"

A.2 Delivery Schedule

2100 K St, N.W.

WASHINGTON ,DC 20427

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

2100 K St, N.W.

2.00

Attachment B - Deliverables FMCS Support Instructors

ATTACHMENT C

SOLICITATION PROVISIONS

A.1 Basis for Award:

A.1.1. Background: The Federal Mediation and Conciliation Service (FMCS) is a small, independent federal agency established in 1947 to promote collective bargaining, to provide workplace dispute resolution and training programs, and to ensure sound and stable labor-management relationships. FMCS employs a small cadre of experienced labor negotiators and dispute resolution experts to mediate workplace disputes and provide relationship development training. The Agency also provides a critical service to the labor-management community by maintaining a roster of highly qualified, independent labor arbitrators, who the parties may jointly select from lists provided by FMCS to arbitrate their contractual disputes.

The FMCS Institute for Conflict Management is seeking experienced arbitrators to provide high quality, interactive, and professional instructional services for the Institute’s labor arbitrator and labor advocate courses. The Agency has made every effort, consistent with federal procurement requirements, to make this process as simple and straight-forward as possible.

Labor arbitrators must meet strict requirements, as set forth in the Code of Federal Regulations, to be listed on the FMCS roster. See 29 C.F.R. 1404, et seq. Accordingly, the Agency, through its FMCS Institute for Conflict Management (the “Institute”), instituted a series of courses relating to the fundamentals of becoming a labor arbitrator, as well as courses on arbitration advocacy. The Institute currently offers a core week-long course called “Becoming a Labor Arbitrator.” This course is considered essential for those aspiring to become labor arbitrators to develop the experience and acceptability needed to be chosen by the parties to resolve their contractual disputes. In addition, the Institute offers other courses. These include: Arbitration for Advocates; Arbitration for Advocates in the Federal Sector; and Evidence and Witness Examination in Arbitration. These courses are designed to train labor advocates and to improve arbitration practice in the public and private sectors. (See Attachment A for course descriptions.)

A.1.2. Basis for Award: A Blanket Purchase Order award will be made to offerors best meeting the evaluation criteria set forth above. All evaluation criteria will be given equal weight in the evaluation.

A.2 TECHNICAL QUOTE RATINGS

The Government will evaluate all technical factors as met, not met, exceptional, acceptable, marginal, or unacceptable.

“Tradeoff” Evaluation Rating Standards

Met

A quote must “Meet” the General Requirements found in para 4.1 of the Statement of Work (Attachment A) to be considered eligible for an award .

Exceptional

An exceptional quote contains significant strengths and no weaknesses. The quote exceeds the performance and technical capability requirements defined in the SOW. The quote offers value-added methodologies for improving service that benefit the Government. The evaluator has no doubt that the offeror can successfully achieve the requirements in the SOW.

Acceptable

An acceptable quote contains strengths that outweigh any existing weaknesses. The offeror’s quote meets the performance and technical capability requirements defined in the SOW. The evaluator is confident that the offeror can successfully achieve the requirements in the SOW.

Marginal

The quote meets the bare minimum performance and technical capability requirements as defined in the SOW and, at the same time, has significant weaknesses. The evaluator is not confident that the offeror can successfully complete the required tasking without significant Government oversight or participation.

Unacceptable

An unacceptable quote contains one or more significant weaknesses and deficiencies. Quote fails to meet specified minimum performance and technical capability requirements defined in the SOW. The evaluator is confident that the offeror will be unable to successfully complete the required tasking.

A.3 TECHNICAL EVALUATION FACTORS

A.3.1. General Requirements Ratings for this factor will be based on the offeror’s ability to meet the general requirements outlined in the RFQ. Ratings will also be based on an offeror’s demonstration of his or her status in the arbitration community by the arbitrator’s routine and regular selection by parties to contractual disputes.

A.3.2. past Performance: Teaching and Work Experience Offerors shall submit a resume or other documentation addressing their work experience and teaching experience in the field of arbitration or other labor-management field. Ratings for this factor will be based on a judgment of the degree to which the offeror demonstrates an established history of teaching, training, and work experience in the arbitration or other labor-management field and on the offeror’s ability to attract qualified students.

A.3.3. Quality of Interactive Teaching Ratings for this factor will be based on a judgment of the degree to which the offeror demonstrates the ability to perform the tasks outlined in this RFQ and shall be rated against the following criteria: high quality of interactive and professional training provided; student/customer satisfaction; and documented past success and effectiveness in achieving desired training results. The narrative is limited to three (3) typed pages.

A.4 KEY PERSONNEL AND LEVEL OF SUPPORT – All instructors are Key Personnel and cannot be substituted on the BPA without the prior written approval of the Contracting Officer’s Representative (COR).

A.5 QUOTE SUBMISSIONS

Offerors should provide quotes via email to Mrs. Cynthia Washington, Contracting Officer at cwashington@fmcs.gov with a copy to James M. Washington, Senior Support Contract Specialist at Jwashington@fmcs.gov no later than 3:00 PM EDT, May 11, 2015. Questions regarding this RFQ must be addressed to Mrs. Cynthia D. Washington at cwashington@fmcs.gov. Quotes will consist of two Volumes: Volume I – Portfolio, and Volume II – Pricing (Provided by the Government) A.5.1 Volume I - Profolio shall be comprised of the following:

i. Portfolio of Written Arbitration Awards (minimum of 3), no page limit.

ii. Instructor Resumes or Curricula Vitae (CV), to include but not limited to the following (limited to ten pages with a standard readable font):

a. Proof of 5 years of arbitration experience

b. Proof of current active arbitration practice

c. Proof of relevant teaching/training experience

iii. Portfolio Identifying Training Experience/Capabilities (items below are suggestions for inclusion in the portfolio)

a. Training Material

b. Course Evaluation

c. Student Testimonials

d. Audio or visual of instructional presentation

iv. References of Training Capabilities (minimum of 3)

A.5.2 Volume II: Pricing. This is a fixed-price award. Prices fixed by the Government. Each Arbitrator/instructor will be paid $1,600.00 per 8 hour training day, and a maximum amount of $1,600.00 for post-class critique of any assigned student assignments (prorated based on number of student assignments critiqued). Travel, transportation, meals and lodging will be reimbursed up to the prevailing daily government GSA rates. (No Submission required for Volume II)

A.6 EXCLUSION OF LATE QUOTATION

Quotations must be received by 3:00 p.m. EDT, May 11, 2015, to be considered. Any quotations received after this time may not be considered.

A.7 COMMUNICATIONS WITH OFFERORS

Negotiations may be conducted with those offerors whose responsive and technically acceptable quotes, combined with their price quotes, place them in the competitive range.

HOWEVER, OFFERORS ARE ADVISED TO SUBMIT THEIR QUOTES ON THE MOST FAVORABLE BASIS SINCE THE GOVERNMENT RESERVES THE RIGHT TO MAKE AN AWARD ON INITIAL QUOTES. Discussions with the offerors are not required in the context of this requirement The Government specifically reserves the right to seek additional information on quotes without triggering the discussion rules.

A.8 EVALUATION OF OPTIONS

52.217-5 Evaluation of Options 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 for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

A.9 ORGANIZATIONAL CONFLICT OF INTEREST

Pursuant to the Organizational Conflict of Interest (OCI) clause, an offeror shall provide a statement in its price quote that describes in a concise manner all past, present, or planned organizational, financial, contractual, or other interest(s) with an organization regulated by FMCS, or with an organization whose interest may be substantially affected by FMCS activities, and that is related to the work under this solicitation. The interest(s) described shall include those of the contractor, its affiliates, proposed consultants, proposed subcontractors, and key personnel of any of the above.

FMCS procurements are evaluated for organizational conflicts of interest pursuant to FAR 9.5. Any decision to exclude a vendor for this award will be made on a case by case basis, and in accordance with FAR 9.5. Vendors must adhere to the requirements of the FMCS OCI clause. Offerors who neglect to submit an OCI statement as part of their quote submission will be deemed non-responsive and may not be considered for award.

A.10 AWARD OF BLANKET PURCHASE AGREEMENT (BPA)

Based on the results of this RFQ, it is anticipated that FMCS will award a single fixed price BPA, based on best value for the Government, and in accordance with the technical criteria spelled out in the BPA It is anticipated that FMCS will fully fund any resulting Task Order issued under the BPA annually, but incremental funding may be required if total funding is not available at the time of award.

A.11 INSPECTION OF SERVICES

The Government reserves the right to conduct an on-site inspection of services listed in the Technical Quote that the contractor has stated will be accomplished on-site at the place of instructions.

A.12 PROGRESS PAYMENTS NOT INCLUDED (APR 1984) FAR 52.232-15

A progress payment clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Offers conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as non-responsive.

A.13 PERIOD OF PERFORMANCE

A.13.1. Period of Performance: The period of performance will include a twelve (12)-month base period with four (4) one year option periods. The anticipated period of performance of this BPA will be May 11, 2015, to May 10, 2015, and four (1) year option periods (if exercised).

A.13.2. Course Schedule: The arbitration courses will be offered on a revolving basis during the calendar year. The core program, “Becoming a Labor Arbitrator,” historically has been offered twice each year. Enrollment for the core program has increased dramatically and the Institute is considering offering both a spring and fall core program for Fiscal Years 2016 and 2017.

It is anticipated that no more than five (5) arbitrator courses will be offered during a fiscal year. The “Becoming a Labor Arbitrator” course will be among those offered, to allow arbitrators to meet FMCS Arbitrator roster program requirements.

A.14. PLACE OF PERFORMANCE: The arbitration instructional programs will be held in locations and at times determined by FMCS. Geographic location will vary and location will be selected in FMCS’s discretion based on, among other things, cost convenience of the participants.

Email (Preferred Delivery): cwashington@fmcs.gov Telephone: 202-606-3677 Courier Delivery (Optional): Federal Mediation and Conciliation Service 2100 K Street, NW, Room 105 Washington, DC 20427

Contracting Officer’s Technical Representative (COTR):

2100 K Street, N.W.

Washington, DC 20427

A.16. PLACE OF DELIVERY

Applicable deliverables under this contract shall be made to the following address:

Federal Mediation and Conciliation Service FMCS Institute Attn: TBD 2100 K Street, N.W.

Washington, DC 20427

(202) 606-3436

PART 13 – BLANKET PURCHASE AGREEMENT – By Reference

SECTION B - CLAUSES & PROVISIONS

B.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 611430.

(2) The small business size standard is $11 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[](i) 52.204-17, Ownership or Control of Offeror.

[](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vi) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) B.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

B.3 52.213-2 INVOICES (APR 1984)

The Contractor's invoices must be submitted before payment can be made. The Contractor will be paid on the basis of the invoice, which must state (a) the starting and ending dates of the subscription delivery, and (b) either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

(End of Clause) B.4 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iv) 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).

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

(vi) 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)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jul 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

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

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (MAR 2015).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109–282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(v) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies.

(ix) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(x) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.)

(xi) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.)

(xii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

(xiii) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xiv) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)

(2) Listed below are additional clauses that may apply:

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (Applies to contracts over $30,000).

(ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

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

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of 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.

(e) 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

(End of Clause)

B.5 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 through .

(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)

B.6 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 , 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 ;

(2) Any order for a combination of items in excess of ; or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (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 days after issuance, with…