CLAUSES.doc

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

(a) Definitions. As used in this clause--

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

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

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

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

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

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

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

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

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

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

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

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

ADDENDUM TO FAR 52.212-1 INSTRUCTION TO OFFERORS - - COMMERCIAL ITEMS (OCTOBER 2000)

1. The Defense Security Cooperation Agency (DSCA), is releasing this solicitation electronically via Federal Business Opportunities (FBO.GOV). HQ0013-15-R-0001 is the official version for this procurement action. No hard copy of this solicitation will be issued. Offerors are encouraged to check FBO (www.FBO.GOV) for any amendments to this solicitation.

2. Questions and Proposal

a. The cut-off date for all questions regarding the solicitation is 1 P.M. Friday November 21, 2014. Request that the offeror email all questions to the following individual: janet.d’angelo@dsca.mil. No responses to questions via telephone will be answered. All questions and answer must be in writing. Responses to all questions will be in the form of an amendment and will be posted electronically for the offerors.

b. Proposals must be submitted no later than 2 P.M. Monday December 01, 2014. Proposals may be submitted via U.S. Postal Service, UPS, FEDEX, or hand delivered to the following address by the closing date and time. Someone will be present at the agency to accept proposals between the hours of 8 AM and 4 PM.

Defense Security Cooperation Agency (DSCA)

201 12th Street South, Ste 116

Arlington, VA 22202

(703) 601-3728

Attn: Janet D’Angelo

3. Addendum to Paragraph (b) Submission of offers. In addition to those requirements as stated in paragraph (b), the following are added and shall apply to the submission requirements in response to this solicitation:

(1) Proposal Format - All offerors must submit written proposal materials as described below and in the quantities of each volume as stated.

Volume I – Relevant Technical Experience. Submit 1 copy and 3 sanitized copies (company name removed). The Technical Experience Statement will consist of a 25 page or less document that outlines the understanding of the Government’s requirement and approach to performing the work to include its skills and capability to meet the requirements of this acquisition. The 25 page limitation is exclusive of resumes. Resumes shall be included as an appendix to Volume I. The Evaluation Team will stop reviewing the proposal after the 25th page. Offerors must demonstrate capability and experience in the areas of understanding of the Government’s requirement and approach to performing the work as described in Paragraph 2 (Proposal Composition Requirements and instructions) below. The Technical Experience Statement will be evaluated against the criteria listed under Evaluation Factors in the addendum to FAR 52.212-2, Evaluation, Commercial Items.

Volume II - Past Performance Information. Submit 1 copy and 3 sanitized copies (company name removed). The offeror must submit Past Performance Documentation in accordance with instructions provided below in the proposal composition requirements and instructions. The Past Performance Volume is limited to 25 pages.

Volume III - Contracting/Pricing Volume. Submit 1 copy and 1 sanitized (company name removed). Contracting/Pricing Volume will be submitted separately with all executed RFP Documents. Prices will be evaluated for reasonableness. Instructions for preparation of the Contracting/Pricing Proposal are provided at Paragraph 2 (Proposal Composition Requirements and instructions) below.

(2) Proposal Composition Requirements and Instructions

Volume I – Factor 1: Relevant Technical Experience:

The Government will evaluate the Offeror’s technical capability to determine the degree to which the information provided by the offeror in its proposal demonstrates the offeror’s ability to perform the services identified in the Performance Work Statement. Offerror should demonstrate their understanding of the work and how it intends to meet the performance objectives identified in the PWS. Offeror shall provide resume for the key personnel proposed to support this requirement.

Sub-factor 1A: Relevant Technical Experience and Education - This technical evaluation includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining acceptability -

Minimum requirements to be acceptable:

a. Overall minimum experience required of the contractor is at least two years experience with education programs or conferences for international participants.

b. The contractor proposal must provide for technically qualified personnel to perform the work specified in this PWS. Resumes of proposed contract employees must reflect experience directly related to the task and functions as noted below.

Logistics Manager (see PWS Para 5.2):

· Bachelor’s degree

· Three years’ experience with government rules and procedures regarding international program management for U.S. security assistance programs.

· Three years of logistical experience; scheduling, planning and budget preparation and other business operations in support of U.S. security assistance resident education programs Training Coordinator for Global T&E Human Rights (see PWS Para 5.3) to be acceptable must have

· Bachelor’s degree.

· At least one year of experience organizing and coordinating logistically complex legal education programs in foreign countries by U.S. legal subject matter instructors.

· At least one year of experience scheduling, planning coordinating logistical and financial arrangement in support of security assistance education programs.

Curriculum Development (see PWS Para 5.6), Instructor Preparation (Para 5.9) and Instruction (Para 5.7) services personnel to be acceptable must have a minimum of

· Minimum of two years relevant experience developing instructional material, or teaching in two or more of the following: international relations, international law, military justice, administrative law, and other specialized areas of the law applicable to military, international coalition military operations, international organizations, military doctrine and organization and current lessons learned from previous military operations, and other rule of law related topics.

· Hold a Juris Doctorate degree and be a member in good standing (active or inactive) with the attorney license authority of a state or territory of the U.S. licensed to practice law, in one of the above described entities or hold an equivalent related professional degree and/or extensive work experience related to assigned topic area.

Administrative Assistance: Resident Programs (Para 5.5)

· Minimum 1 year of experience or equivalent technical training with computer software and audio visual equipment including Windows Media Player, VLC Player, Adobe Photoshop CS-3, Adobe Acrobat, Turning Point, Microsoft Publisher, video camera equipment, educational simulator software and equipment; or

· Prior work experience demonstrative of ability to learn specific new technology after receiving training.

Administrative Assistance Financial Tech (para 5.6)

· Minimum one year of bookkeeping experience

· General knowledge demonstrated through technical training or work experience of office procedures and Microsoft Office software including Excel spread sheets.

Sub-Factor 1B: Understanding the Work.

This technical evaluation includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining acceptability -

Minimum requirements to be acceptable:

a. The proposal shall provide an overall methodology and organization structure that indicates a clear understanding of the DIILS support required from the contractor organization; the work to be performed and the number of personnel required to carry out the tasks.

b. The proposal will provide at least one specific example of success supporting an international education program or conference.

c. The proposal will include a detailed Quality Control Plan.

Volume II Factor 2 Past Performance

A. The offeror shall provide a minimum of three (3) references relevant to its past performance and its major subcontractor’s past performance in providing similar services under either existing or prior contracts for the last 5 years. The offeror shall have its references complete the Past Performance Questionnaire (PPQ) (Attached) and have the references submit the completed PPQ directly to the Contracting Officer Ms. Janet D’Angelo, Defense Security Cooperation Agency (DSCA) 201 12th Street, South, Ste 116, Arlington, VA 22202 by the closing date of this solicitation. Fax copies of the PPQ are acceptable and should be faxed to 703-601-2451.

B. The offeror shall provide a list of no more than three (3) contracts completed within the past three years, which clearly demonstrates the offeror’s performance relevant to the requirements and all contracts and subcontracts currently in process. Contracts listed may include those entered into by the Federal Government, state and local government agencies and commercial customers.

C. Offerors that are newly formed entities without prior contracts or new to the solicitation requirements, with no relevant past performance history, must list no more than three (3) references, for all key personnel whose experience the offeror proposes will demonstrate their ability to perform the solicitation requirements.

D. Include the following information for each contract:

- Name and address of contracting activity, state or local government agency, or commercial customer.

-Point of contact (POC). - Contract number.

-Contract type (fixed price/cost reimbursement, competitive/non competitive, negotiated/sealed bid)

-Contract value.

-A description of the services/work required under the contract, including performance location (s) and performance period.

-Name, telephone number, and facsimile number of the Contracting Officer or other individual responsible for awarding the contract.

-Name, telephone number, and facsimile number of the Administrative Contracting -Officer or other individual responsible for administering the contract.

-Name, telephone number, and facsimile number of program manager, operations officer or other individual responsible for technical oversight of contract performance.

E. The Government may contact the references provided in the offer, former customers, etc. to enquire about past performance to include, but not limited to, its reputation for conforming to terms and conditions, for accurately estimating and controlling costs, for adherence to contract schedules (including the administrative aspects of performance); for reasonable and cooperative behavior, and commitment to customer satisfaction. The Government may contact references other than those identified by the offeror.

F. The Past Performance Sub-Factors are:

Sub-Factor 2A: Quality and Cohesiveness of Service

Will be evaluated for the offeror's record of conforming to specifications and providing quality services for relevant successful education programs or conferences for international participants/audiences.

Sub-Factor 2B: Timeliness of Performance and Continuity of Service

Will be evaluated for the offeror's record of conforming to specifications and providing quality services. Past performance shall reflect no breaks in service. All work products were received on time.

Sub-Factor 2C: Business Practices / Customer Satisfaction

Will be evaluated for the conduciveness of offeror's business practices to ensure a cooperative and frictionless relationship with its customers.

Volume III – Contracting/Pricing Volume:

A. The Contracting/Pricing Volume shall consist of the OFFER (the solicitation document as completed and signed) to include, as a minimum, the pricing sheet /schedule B.

B. The offerors are cautioned that no reference to proposed price(s) shall be made in any volumes other than Volume III.

C. Proposal preparation costs – This Request for Proposal/Quote does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting officer may request for the purpose of clarification of the proposal or for preparation of negotiations. By the submission of its offer, the offeror assumes all cost associated.

4. Addendum to Paragraph (c) Period for acceptance of offers: This paragraph (c) is changed to read as follows: The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

5. Addendum to Paragraph (e) Multiple offers. This paragraph (e) is changed to read as follows: Multiple offers presenting alternative terms and conditions will not be accepted.

6. Addendum to Paragraph (h) Multiple awards. This paragraph (h) is changed to read as follows: The Government intends to make a single award to the responsible Offeror whose proposal conforms to the solicitation requirements and presents the lowest price technically acceptable (LPTA) proposal, as determined by the evaluation criteria herein with due consideration to the order of importance.

7. Evaluation of Options: Except when determined not to be in the Government's best interests (FAR Part 52.212.2(b)), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

8. Award on Initial proposals: The contracting officer retains the right to evaluate offers and make award without discussions with offerors. Therefore offerors are encouraged to ensure that initial proposals contain the offeror’s most favorable terms and reflect its best possible performance potential.

9. Discussion/Negotiations: The Contracting Officer may clarify all information submitted in response to the solicitation as necessary to evaluate the proposals, and notwithstanding these clarifications, the Contracting Officer still retains the right to award without discussions.

End of Addendum to 52.212-1

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose proposal conforms to the solicitation requirements and presents the lowest price technically acceptable (LPTA) proposal, as determined by the evaluation criteria herein.

Contract award will be made to the lowest evaluated price of proposals meeting or exceeding the minimum acceptability standards for non-cost factors. Proposals will be evaluated on an “acceptable” or “unacceptable” basis. Proposals will be evaluated for acceptability, but not ranked using the non-price factors/sub-factors. In order to be considered awardable, there must be an “acceptable” rating in every non-price factor/sub-factor.

The following factors shall be used to evaluate offers:

Factor 1: Relevant Technical Experience:

Sub-factor 1A: Relevant Technical Experience and Education - This technical evaluation includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining acceptability -

Minimum requirements to be acceptable:

a. Overall minimum experience required of the contractor is at least two years experience with education programs or conferences for international participants.

b. The contractor proposal must provide for technically qualified personnel to perform the work specified in this PWS. Resumes of proposed contract employees must reflect experience directly related to the task and functions as noted below.

Logistics Manager (see PWS Para 5.2):

· Bachelor’s degree

· Three years’ experience with government rules and procedures regarding international program management for U.S. security assistance programs.

· Three years of logistical experience; scheduling, planning and budget preparation and other business operations in support of U.S. security assistance resident education programs Training Coordinator for Global T&E Human Rights (see PWS para 5.3) to be acceptable must have

· Bachelor’s degree.

· At least one year of experience organizing and coordinating logistically complex legal education programs in foreign countries by U.S. legal subject matter instructors.

· At least one year of experience scheduling, planning coordinating logistical and financial arrangement in support of security assistance education programs.

Curriculum Development (see PWS para 5.6), Instructor Preparation (para 5.9) and Instruction (para 5.7) services personnel to be acceptable must have a minimum of

· Minimum of two years relevant experience developing instructional material, or teaching in two or more of the following: international relations, international law, military justice, administrative law, and other specialized areas of the law applicable to military, international coalition military operations, international organizations, military doctrine and organization and current lessons learned from previous military operations, and other rule of law related topics.

· Hold a Juris Doctorate degree and be a member in good standing (active or inactive) with the attorney license authority of a state or territory of the U.S. licensed to practice law, in one of the above described entities or hold an equivalent related professional degree and/or extensive work experience related to assigned topic area.

Administrative Assistance: Resident Programs (para 5.5)

· Minimum 1 year of experience or equivalent technical training with computer software and audio visual equipment including Windows Media Player, VLC Player, Adobe Photoshop CS-3, Adobe Acrobat, Turning Point, Microsoft Publisher, video camera equipment, educational simulator software and equipment; or

· Prior work experience demonstrative of ability to learn specific new technology after receiving training.

Administrative Assistance Financial Tech (para 5.6)

· Minimum one year of bookkeeping experience

· General knowledge demonstrated through technical training or work experience of office procedures and Microsoft Office software including Excel spread sheets.

Table 1A. Technical Experience and Education Acceptable/Unacceptable Ratings

Rating

Description

Acceptable

Proposal clearly meets the minimum requirements of the minimum acceptable standards as described above.

Unacceptable

Proposal does not clearly meet the minimum requirements of the acceptable standards as described above.

Sub-Factor 1B: Understanding the Work.

This technical evaluation includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining acceptability -

Minimum requirements to be acceptable:

d. The proposal shall provide an overall methodology and organization structure that indicates a clear understanding of the DIILS support required from the contractor organization; the work to be performed and the number of personnel required to carry out the tasks.

e. The proposal will provide at least one specific example of success supporting an international education program or conference.

f. The proposal will include a detailed Quality Control Plan.

Table 1B. Understanding the Work: Acceptable/Unacceptable Ratings

Rating

Description

Acceptable

Proposal presents a plan that clearly and accurately addressees the minimum requirements as noted above.

Unacceptable

Proposal does not present a plan that clearly and accurately addressees the minimum requirements noted above.

Factor 2: Past Performance.

Sub Factor 2A: Quality and Cohesiveness of Service

Will be evaluated for the offeror's record of conforming to specifications and providing quality services for relevant successful education programs or conferences for international participants/audiences.

Sub Factor 2B: Timeliness of Performance and Continuity of Service

Will be evaluated for the offeror's record of conforming to specifications and providing quality services. Past performance shall reflect no breaks in service. All work products were received on time.

Sub Factor 2C: Business Practices / Customer Satisfaction

Will be evaluated for the conduciveness of offeror's business practices to ensure a cooperative and frictionless relationship with its customers.

Table 2. Past Performance Evaluation Ratings

Rating

Description

Acceptable

Government has a reasonable expectation that the offeror will successfully perform the required effort based on past performance information. (see note below)

Unacceptable

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort based on past performance information.

NOTE: Offerors without a record of relevant past performance or for whom information of past performance is unavailable, will be evaluated in accordance with FAR 15.305 a. (2)

Factor 3 Price: – DBO-CON will evaluate proposed pricing. Pricing will be evaluated in accordance with FAR 15-404-1(b)(2)(i) (ii), and (v).

In accordance with FAR 52.217-5, all options shall be evaluated for the purpose of award. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Proposals will be evaluated for acceptability but not ranked using the non-price/price factors. In order to be considered for award, the offer must be determined “acceptable” in every non-price factor/sub-factor.

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014) ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4…