Clauses_and_Provisions.pdf

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror APR 2016 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-5 Evaluation Of Options JUL 1990 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

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

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

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

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

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

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

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

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/

(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). HQ0013-16-R-0008 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 10:00 AM, Friday 24 June 2016. Request that the offeror email all questions to the following individual: lavivian.r.peasant.civ@mail.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 1 P.M. Friday, 15 July 2016. 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) 697-8942 Attn: La Vivian Peasant

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.

Explicit instructions are set forth herein for all offerors to prepare and submit a proposal to the Government in response to this solicitation. Offerors are advised to carefully read these instructions to ensure submission of a fully compliant and responsive proposal. Offerors are cautioned that proposals containing less than the minimum information required by these instructions may be deemed nonresponsive to the solicitation requirements and rejected.

Offerors shall submit the proposal in three (3) volumes.

Volume I: Factor 1 Relevant Technical Experience Volume II: Factor 2 Past Performance Volume III: Factor 3 Price

RFP Volumes I – III shall be separately prepared and organized in a manner that facilitates the Government’s evaluation. Each volume shall be submitted with a cover page identifying the offeror’s company name, Request for Proposal Number HQ001316R0008, Volume Number, type of proposal and date of preparation.

Proposal Volumes I through III shall be comprised of and submitted as follows:

mailto:lavivian.r.peasant.civ@mail.mil

Volume I Submit one (1) original and three (3) sanitized (Company name removed) copies in hardcopy either mailed or hand delivered. This volume contains that part of the offeror’s proposal which addresses the Relevant Technical Experience evaluation factors.

Volume II Submit one (1) original and three (3) sanitized copies in hardcopy either mailed or hand delivered. Consists of the offeror’s past performance information that is relevant to this requirement and the Past Performance Reference Summary Sheet which lists the Point of Contact Name, Business Name, Business Address, Telephone Number and Email address of all three (3) references who will be submitting Past Performance Questionnaires. The Past Performance Reference Summary sheet shall be placed immediately behind the Past Performance Volume cover page. Note that the Offeror’s clients shall submit completed Past Performance Questionnaires directly to the DSCA Contracting Officer.

Volume III Submit one (1) original and one (1) copy in hardcopy either mailed or hand delivered. Contains signed and completed Pricing Schedule (Schedule of Supplies/Services) for all priced CLINs. This volume should also contain all signed RFQ amendments.

The following page limitations are established for each portion of the proposal submitted in response to this solicitation.

Section Page Limit Volume I Factor 1 Relevant Technical Experience 25* Volume II Factor 2 Past Performance 25 Volume III Factor 3 Pricing No page limit *inclusive of resumes

A page is defined as one side of a 8 ½ by 11 sheet, with at least one inch margins on all sides, using not smaller than 11 point font size. Foldouts count as an equivalent number of 8 ½ by 11 pages. Title pages and tables of contents are excluded from the page counts specified above. The Pricing Volume is not page limited. However, this volume is strictly limited to cost and price information. Information that can be construed as belonging in one of the other volumes will be so construed and counted against that volume’s page limitation. Pages submitted in excess of the limitations specified in this provision will not be evaluated by the Government.

(2) Proposal Composition Requirements and Instructions

Volume I: Factor 1 Relevant Technical Experience:

The volume shall be organized and provide information relevant to the Offeror’s technical experience in the following areas:

Factor 1 Relevant Technical Experience Sub-Factor 1A: Relevant technical experience and education Sub-Factor 1B: Understanding the work

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. The contractor proposal must provide for technically qualified personnel to perform the work specified in this PWS. The offeror shall provide resumes of all proposed personnel. Resumes of proposed contract employees must reflect work experience in the contracting/acquisition field that are similar to the tasks as stated in the PWS and meet the minimum requirements listed below:

Proposed contractor personnel must possess the following experience:

• A minimum of ten years of work experience within the acquisition field as an 1102 that has gained a solid understanding of procuring services and supplies within Department of Defense.

• The positions require personnel with written certificate evidence of either FAC-C level III or DAWIA

Contracting Level III certification while employed by the Government or Industry. A minimum of a bachelor’s degree is required.

• Prior experience in FAR and DFARS policy and procedures, related legislation with the ability to assist in the development of procurement packages for variety of services and supplies. Personnel should be familiar with various types of services (i.e., information technology (IT); transportation;

interpretation; lodging and program/project management).

• Computer Skills Required: Proficient in MS Office Suite applications Outlook, Word, Excel and PowerPoint.

b. The offeror shall have an active FACILITY CLEARANCE at time of proposal submission.

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 work to be performed and the support required from the contractor organization;

b. The proposal will provide at least one specific example of success supporting similar program.

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

Volume II: Factor 2 Past Performance The volume shall be organized and provide information relevant to the Offeror’s Past Performance in the following areas:

Factor 2 Past Performance Sub-Factor 2A – Quality and Cohesiveness of Service Sub-Factor 2B – Timeliness of Performance and Continuity of Service Sub-Factor 2C - Customer Satisfaction

Sub-Factor 2A Quality and Cohesiveness of Service Will be evaluated for the offeror's ability to provide quality and cohesiveness in meeting objectives for similar services.

Sub-Factor 2B Timeliness of Performance and Continuity of Service Will be evaluated for the offeror's record of conforming to PWS and providing timely and continuity of services.

Past performance shall reflect no breaks in service. All work products/deliverables were received on time.

Sub-Factor 2C Customer Satisfaction Will be evaluated for the conduciveness of offeror's business practices to ensure a cooperative and frictionless relationship with its customers.

Offerors shall submit Contractor Performance Data Sheets on three previous contracts performed in the last 3 years of similar scope and size which clearly demonstrates the offeror’s performance relevant to the solicitation requirements. Contracts listed may include those entered into by the Federal Government, state and local government agencies and commercial customers.

The information shall include:

a. Name of (past) customer

b. Name/Number of contract

c. Description of work performed

d. Period of performance of contact

e. Price of the contract

f. Name of Point of Contact for the customer

g. Phone number and email of POC

A Past Performance Questionnaire Attachment is included in the solicitation package. The Offeror shall have three

(3) clients provide references by completing the Past Performance Questionnaire. This form will be used by the Government in conjunction with information available in the Past Performance Information Retrieval System (PPIRS) to collect and evaluate the Offeror’s Past Performance. Offerors shall instruct the client references to return the questionnaire directly to La Vivian Peasant at lavivian.r.peasant.civ@mail.mil. Questionnaires are due by the closing date and time identified for this solicitation. OFFERORS ARE RESPONSIBLE FOR PROMPTING

VENDORS TO SUBMIT QUESTIONNAIRES ON TIME.

The offeror may also submit relevant contracts performed by subcontractors that will perform under this contract, but under no circumstances may an offeror submit more than three contracts for review, regardless of whether the contracts were performed by the offeror, subcontractor(s), or any combination thereof. If subcontractor contracts are submitted, the offeror must also clearly indicate the percentage of work that the subcontractor(s) performed under each task/category of effort throughout the course of the contract.

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

Volume III: Factor 3 Price

Pricing will be evaluated in accordance with FAR 12.209, Determination of Price Reasonableness and 13.106-3(a), Award and Documentation. 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. The offerors are cautioned that no reference to proposed price(s) shall be made in any volumes other than Volume III.

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

(3) Relative Order of Importance of Factors.

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.

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.

7. Evaluation of Options: Except when determined not to be in the Government's best interests (FAR Part mailto:lavivian.r.peasant.civ@mail.mil

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

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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.

For this procurement, the LPTA factors/sub-factors are:

Factor 1: Relevant Technical Experience

Factor 1 Relevant Technical Experience Sub-Factor 1A: Relevant technical experience and education Sub-Factor 1B: Understanding the work

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. The contractor proposal must provide for technically qualified personnel to perform the work specified in this PWS. The offeror shall provide resumes of all proposed personnel. Resumes of proposed contract employees must reflect work experience in the contracting/acquisition field that are similar to the tasks as stated in the PWS and meet the minimum requirements listed below:

Proposed contractor personnel must possess the following experience:

• A minimum of ten years of work experience within the acquisition field as an 1102 that has gained a solid understanding of procuring services and supplies within Department of Defense.

• The positions require personnel with written certificate evidence of either FAC-C level III or DAWIA Contracting Level III certification while employed by the Government or Industry. A minimum of a bachelors degree is required.

• Prior experience in FAR and DFARS policy and procedures, related legislation with the ability to assist in the development of procurement packages for variety of services and supplies. Personnel should be familiar with various types of services (i.e.,information technology (IT); transportation;

interpretation; lodging and program/project management).

• Computer Skills Required: Proficient in MS Office Suite applications Outlook, Word, Excel and PowerPoint.

b. The offeror shall have an active FACILITY CLEARANCE at time of proposal submission.

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 work to be performed and the support required from the contractor organization;

b. The proposal will provide at least one specific example of success supporting similar program.

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

Factor 2: Past Performance Sub-Factor 2A – Quality and Cohesiveness of Service Sub-Factor 2B – Timeliness of Performance and Continuity of Service Sub-Factor 2C - Customer Satisfaction

Sub-Factor 2A: Quality and Cohesiveness of Service Will be evaluated for the offeror's ability to provide quality and cohesiveness in meeting objectives for similar services.

Sub-Factor 2B: Timeliness of Performance and Continuity of Service Will be evaluated for the offeror's record of conforming to PWS and providing timely and continuity of services.

Past performance shall reflect no breaks in service. All work products/deliverables were received on time.

Sub-Factor 2C: Customer Satisfaction Will be evaluated for the conduciveness of offeror's business practices to ensure a cooperative and frictionless relationship with its customers.

Factor 3: Price

Pricing will be evaluated in accordance with FAR 12.209, Determination of Price Reasonableness and 13.106-3(a) Award and Documentation.

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).

(c) 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).

(d) 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X__ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.

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

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

_ X___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

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

____ (ii) Alternate I (NOV 2011) of 52.219-3.

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

__X__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

__X__ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

__X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

_____ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

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

__X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

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

13496).

__X__ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

__X___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

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

____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (44) 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).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

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

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

____(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

____(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

_____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __X___ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Defense Security Cooperation Agency, ATTN: DBO-CON, 201 12th Street South, Suite 116, Arlington, VA 22202- 5408.

(b) The copy of any protest shall be…