HQ003417R0028_Amend_00002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this modif ication is to:

1. Modify Section H (Special Contract Requirements), Section L (Instructions, Conditions and Notices to Bidders) and Section M (Evaluation Factors for Aw ard); see highlighted areas for details.

2. Edit clauses listed w ithin FAR 52.212-5.

3. Delete FAR 52.244-5, DFAR 252.219-7003 and DFAR 252.219-7003 (Dev).

4. Incorporate Exhibit 13 (Historical LCAT Descriptions) and Exhibit 14 (HQ003412D0007 P00009); documents listed w ithin Section J - Exhibit/Attachment Table of Contents.

5. Change required response date/time from 26 May 2017 12:00 AM to 6 June 2017 12:00 PM.

6 Decrease number of offeror copies required by 1; from 3 to 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 28

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-May-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HQ003417R0028

X 9B. DATED (SEE ITEM 11)

18-Apr-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-May-2017

CODE

WHS - ACQUISITION DIRECTORATE

1225 S CLARK STREET, SUITE 900

ARLINGTON VA 22202-4371

HQ0034 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HQ003417R0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 26-May-2017 12:00 PM to 06-Jun-2017 12:00 PM.

The number of offeror copies required has decreased by 1 from 3 to 2.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

1 DOD BUILDING PASS ISSUANCE

a. All personnel employed by a civilian commercial firm to perform work whose activity at any time requires passage into Government-occupied portions of the Pentagon or any other DoD facility on or off the Pentagon Reservation, shall be required to obtain a Temporary Department of Defense (DoD) Building Pass/Access Card.

b. The Contractor shall be responsible for having each employee requiring a Temporary DoD Building Pass/Access Card prepare the necessary applications, advising personnel of their obligations, filing the applications with the Contracting Officer (CO), maintaining personnel files and re-filing applications for personnel in the event that clearances must later be extended. Personnel requiring a Temporary DOD Building Pass/Access Card must be either a citizen of the United States of America (USA) or a foreign national authorized to work in the USA under federal immigration and naturalization laws.

c. The Government will issue DoD building passes to eligible persons upon the completion of a National Criminal Information Check (NCIC) or National Agency Check (NAC). This is a search of the nationwide computerized information system established as a service to all criminal justice agencies. Processing of completed applications for initial pass issuance or renewal of existing passes will require three to five working days.

H-2 CONTRACTOR ACCESS TO DOD INFORMATION TECHNOLOGY SYSTEMS

a. Prime and Sub-Contactor personnel that require access to DOD Information Technology Systems shall be required to obtain DOD Common Access Card (CAC) which will be provided by the Government only after a DOD Building Pass has been issued.

b. The Prime Contractor, through the Contracting Officer Representative (COR), shall submit each individual that requires a CAC on the application form to be provided by the Security Office. Upon receipt of the application, a Contractor Verification System (CVS) account will be established for the individual. The individual will receive a User Name and Temporary Password from the Security Office, at which time they have 5 calendar days to log into the CVS and complete the application. Upon submission of the completed application, the Security Office will approve, and the individual will be notified and the badge may be issued at the Pentagon Force Protection Agency Access Control Office, located at the Metro Entrance Facility, the Pentagon.

H-3 CONTRACTOR PARKING ON THE PENTAGON RESERVATION

a. Parking on the Pentagon Reservation & Mark Center is by permit only, and illegally parked and/or unregistered vehicles shall be towed at the owner’s expense. Except as specifically authorized by the COR, contractor and subcontractor personnel may not be issued parking permits. However, the Government will use its best efforts to provide parking for a percentage of contractor employees that drive.

b. Specific personal and commercial vehicle/truck parking for facilities other than Pentagon Reservation shall be defined per task order.

H-4 COMMUNICATIONS MONITORING

a. All communications with DOD organizations are subject to communications security (COMSEC) review.

Contractor personnel will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised any time they place a call to, or receive a call from, a DOD organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.

H-5 COMPLIANCE WITH PENTAGON REGULATIONS-Contractor and Subcontractor Conduct The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the CO, who will provide such information or assist in obtaining it from the appropriate authorities.

All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the CO or the CO’s designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government’s mission, the CO or the CO’s designated representative may, in writing, require the contractor to remove the employee from work under this contract.

This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work.

This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work.

H-6 UTILITY SERVICES

a. Utility Services furnished to the Contractor by the Government from the Government’s existing system outlets and/or supplies will be at no cost to the contractor. (See FAR Clause 52-236-14, Availability and Use of Utility Services.)

b. The Contractor shall make his/her own arrangements for services and coordinate with the Inspector any requirements that would cause a disruption in the electrical or water supply. NOTE: all disruption of services concerning electrical or water supply must be coordinated with the inspector and scheduled by the inspector prior to disconnection.

H-7 IDENTIFICATION OF EMPLOYEES & IDENTIFICATION OF WRITTEN MATERIAL

All contractor and subcontractor personnel attending meetings, answering Government telephones, and/or working in the field shall identify themselves as such to avoid creating an impression that they are Government officials.

Additionally, contractor and subcontractor personnel shall appropriately identify themselves as contractor employees in formal and informal written correspondence.

H-8 SUBSTITUTION OF PERSONNEL

a. A requirement of this contract is to maintain stability of personnel proposed in order to provide quality services.

The contractor agrees to assign only those key personnel whose resumes were submitted and approved and who are necessary to fulfill the requirements of the contract. No changes in key personnel, including but not limited to the substitution of key personnel, shall be made except in accordance with this clause.

b. If personnel become unavailable for work under the contract for whatever reason for a continuous period exceeding twenty-one (21) working days, or are expected to devote substantially less effort to the work than indicated in the task order, the contractor shall propose a substitution for such personnel in accordance with paragraph (d) below. See H-17 – Invoicing Instructions – Supplementary for reductions in billing rates.

c. The contractor agrees that changes in key personnel will not be made unless necessitated by compelling reasons.

Compelling reasons include, but are not limited to, serious illness, death, termination of employment, declination of an offer of employment (for those individuals proposed as contingent hires), and family friendly / maternity leave.

When the contractor determines that compelling reason to change key personnel exists, the contractor shall submit a request in accordance with subparagraph (d) below to the CO and obtain CO approval prior to changing key personnel.

d. All proposals to change personnel shall be submitted, in writing, to the CO not less than fifteen (15) days prior to the date of the proposed substitution/addition. In those situations where a security clearance is required, the request must be submitted not less than thirty (30) days prior to the date of the proposed substitution/addition. Each proposal or request shall provide a detailed explanation of the circumstances necessitating the proposed change, the resume of the individual proposed for substitution or addition, information regarding the financial impact of the change, and any other relevant information. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced.

e. The CO shall evaluate requests to change key personnel and change of personnel in task orders will approve/disapprove the request in writing and so notify the contractor.

f. If the CO determines that the suitable and timely replacement of personnel who have been reassigned, terminated, or have otherwise become unavailable to perform under the contract is not reasonably forthcoming, or that the resultant reduction of productive effort would impair the successful completion of the contract, the contract may be terminated for default or for the convenience of the Government, as appropriate. Alternatively, at the CO’s discretion, if the CO finds the Contractor to be at fault for the condition, the CO may adjust the contract price downward to compensate the Government for any delay, loss, or damage as a result of the Contractor’s action.

g. Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of this contract for which the Government may seek any and all appropriate remedies including Termination for Cause pursuant to FAR Clause 52.212-4.

H-9 WORK STOPPAGES FOR OFFICIAL CEREMONIES

a. The Contractor shall provide for work stoppages as required for official ceremonies. A schedule of known ceremonies can be obtained from the COR. The Contractor shall provide for lost time equivalent to a total of 4 days per contract year (8 hour days or 32 total hours) of work stoppages at no additional cost to the Government due to this requirement.

b. The contractor must notify the CO and COR in writing, within 48 hours of event, each time it believes its work has been stopped for official ceremonies, the reasons for stopping the work, the specific work that was stopped and the length of the stoppage. Contractor waives any rights for the stoppage if it fails to give the required notice.

H-10 DELIVERIES

a. All deliveries, if needed, are required to be scheduled by the contractor shall be processed through the Pentagon Remote Delivery Facility (RDF) site through coordination with the CO and COR. The following information must be submitted to the COR or designated security representative 72 hours minimum prior to scheduled delivery:

(1) Name of driver & passenger (if any)

(2) Name of company

(3) State of vehicle registration and license number

(4) Contents of delivery

b. Security personnel staff the RDF from 5:00 AM until 5:00 PM (M-F). Arrangements can be made for deliveries outside of the hours by coordinating with the COR.

H-11 WORK BY OTHER CONTRACTORS

The Government has awarded and will award other contracts for similar and specialized work, which is outside the scope of this contract or outside the scope of the awarded options. These contracts will involve additional work at or near the site of the work under this contract. The contractor shall fully coordinate its work with the work of other Government contractors (hereafter called OGCs) and with the COR. The Contractor shall carefully adapt its schedule and performance of the work under this contract to accommodate the work of the OGCs, and shall take coordination direction from the COR. The OGCs will be placed under similar contracting conditions regarding coordination. The Contractor shall make every reasonable effort to avoid interference with the performance of work by the OGCs, as scheduled by the OGCs or the COR. Disputes will be resolved under the terms of the contract and settled by the CO. The Government will provide as much advanced notification as possible.

H-12 LOCAL INSURANCE

a. In accordance with the contract clause entitled “Insurance—Work on a Government Installation”, FAR 52.228-5, the Contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Type Amount Comprehensive General Liability Bodily Injury or Death $500,000.00 per occurrence

Motor Vehicle Liability (for each vehicle): Bodily Injury or Death

$200,000.00 per person / $500,000.00 per occurrence

Property Damage/ Worker’s Compensation & Employer’s Liability

$20,000.00 per occurrence/ $100,000.00 per person

b. Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so co-mingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

c. Prior to the commencement of work hereunder, the Contractor shall furnish to the CO a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the CO. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H-13 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) DISCLOSURE

(a) Purpose. This clause applies to the Contractor and its affiliates, consultants and subcontractors of any tier (collectively referred to as “Contractor”). This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor’s proposal or performing the work. Attention also is directed to FAR Subpart 9.5 and the provisions which follow.

(b) Government Contractor Participation in Solicitation/Statement of Work, Award or Administration. The following Government contractor may participate in the preparation of the Statement of Work/Solicitation or assist in the award and administration of the contract: Integrated Financial Accounting Services (IFAS), LLC or newly awarded acquisition support contract executed after expiration of aforesaid support contract.

(c) Scope-Actual or Potential Conflicts of Interest. This clause is intended to ensure that the Contractor (1) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of actual or potential unauthorized use or disclosure of proprietary or procurement-related information, (2) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of any relationship (social, familial, financial, et cetera) between the Contractor or Contractor’s employees and any Government employee, Government contractor or Government contractor employee involved in the procurement process or the administration of the contract whether or not specifically identified in this solicitation, (3) is not biased or potentially biased or its ability to render impartial advice to the Government impaired or potentially impaired due to Contractor’s current or planned interests (financial, contractual, organizational or otherwise) that relate to the services performed or products to be delivered under this solicitation, or (4) any other potential conflict of interest identified or within the scope of FAR 9.5. Parts (1), (2) and (3) above are examples of potential conflicts of interest governed by this clause.

(d) Contractor Representation. The Contractor represents by submission of its offer that, to the best of its knowledge and belief, Contractor has no actual or potential conflict of interest or, pursuant to paragraph (e), has disclosed to the CO in writing all relevant information regarding any actual or potential conflict of interest.

(e) Contractor Disclosure of Actual or Potential Conflicts of Interest Before and After Award. If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the CO. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information:

(1) a description of the actual or potential conflict of interest and identify the parties involved;

(2) a description of the work affected by the actual or potential conflict of interest; and

(3) a mitigation plan as described in section (f).

(f) Mitigation Plan. To the extent that the Contractor or the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or proposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the CO, the mitigation plan will become part of the contract.

(g) Final Authority. The CO is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided.

(h) Remedies. The presence of an actual or potential conflict of interest that, in the CO’s discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor from competing for the award or, if the conflict is discovered after award and cannot, in the CO’s discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the CO may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest. If the Contractor was or, with reasonable diligence, should have been aware of a potential conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the CO, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation.

(i) The Contractor may not compete for any requirement within WHS that incorporates, involves or relates to any work performed or accessible to the contractor under this award unless otherwise authorized in writing by the CO.

H-14 GOVERNMENT RIGHTS IN DATA

The contractor transfers to the Government sole ownership of all rights to any work product or deliverable, including, without limitation, designs, reports, analyses or processes (collectively "work product") produced or prepared by the contractor or its subcontractors in performance of the contractor's responsibilities under this contract. This includes the unlimited right, without additional compensation to contractor, to use, disclose, reproduce, prepare derivative works, or distribute copies of the work product to the public, other contractors or Government agencies, and perform and display publicly, in any manner and for any purpose, and to have or permit others to do so. Examples of permissible uses include: providing the work product to another contractor or government agency, distributing the work product to the general public, or posting work product to a public web site. The contractor shall incorporate this provision in all subcontracts issued by contractor to perform work under this contract.

H-15 ORDERING/FTE LEVEL AUTHORIZATION

The CO will notify the Contractor, through a task order, of the required FTE level of effort during the contract period of performance. The contractor will be provided not less than 30 calendar days’ notice for an increase in FTE level. The contractor will acknowledge and provide confirmation of the issued task order and the changes to the CO.

The contractor shall provide a resume for each selection to be reviewed by the program office and accepted by the contracting office. Each resume, per LCAT, shall reflect both the educational requirements and experience requirements or if no education then equivalency per listed Exhibit 3 Labor Descriptions.

H-16 TASK ORDER PROCEDURES

The following information provides the process that will be used to issue task orders under this contract. The contractor is reminded that only the CO is authorized to request proposals and to task the contractor.

STEP 1 – Issuance of Request for Proposal (RFP) The CO will submit an RFP to the contractor via email. At a minimum, the RFP will consist of a Performance Work Statement (PWS). The PWS will contain:

1) Generic Scope of Work

2) Assumed Level of Effort

3) Stated Period of Performance

4) Innovation Efforts, if required

5) Performance objectives, i.e., required results

6) Any operating constraints and/or deliverables

7) Points of contact for the CO and the Contracting Officer’s Representative (COR).

As part of the RFP package, the Government may also provide any of the following information on an as-needed basis: diagrams, charts, pictures, required material specifications, et cetera.

STEP 2 – Contractor submits task order proposal

Price Proposal: The price proposal shall utilize the contractor’s approved labor categories and rates to form the basis of a firm fixed price. For labor, material, equipment, innovation, etc. that is not represented by the approved labor categories and rates (hereafter referred to as non-prepriced items, or NPIs), the contractor shall follow these procedures:

1) The contractor shall justify the use of NPIs.

2) When NPIs are proposed, the contractor shall consider solicitation of at least three (3) sources to promote competition to the maximum extent practicable.

3) In the event where obtaining three competitive quotes is not practicable (i.e. market availability, sole source environment, NPI total price is equal to or less than $3,500), request quotes or offers from two sources not included in the previous solicitation for same/similar item. In addition, submit explanation as to why three quotes were unobtainable.

4) Although NPIs will be negotiated, this shall NOT be construed to include elements of work which are incidental to or customarily required for performance of a priced item of work.

STEP 3 – Government reviews proposal The Government will review the contractor’s proposal package. This step may involve communication and/or clarification between the Government and the contractor.

If the Government accepts the contractor’s proposal: The CO will issue a task order for the contractor’s review and signature. If the contractor discovers ambiguities, mistakes, or inconsistencies made by the Government, the contractor shall notify CO immediately and request any applicable changes. In the absence of such request, the contractor signs the task order, indicating the signatory’s acceptance of all terms and conditions of the task order. Once the contractor submits the signed copy of the task order, the CO will then sign the task order, thereby legally binding the Government into a contractual relationship with the contractor under the terms and conditions of the contract.

If the Government does NOT accept the Contractor’s Proposal: The CO will submit its comments and/or requested changes to the proposal for the contractor’s review. Proceed to Step 4.

STEP 4 – Contractor reviews the Government’s comments and/or requested changes.

STEP 5 – Contractor submits revised proposal If the contractor accepts all or some of the requested changes, the contractor shall submit a revised proposal reflecting those changes. For requested changes not accepted by the contractor, the contractor shall indicate the reason why those changes were not accepted in its revised proposal.

STEP 6 – Government reviews revised proposal If the Government accepts the contractor’s proposal, the CO will issue a task order utilizing the procedures under Step 5, above.

STEP 7 – Negotiation through discussions The purpose of this step is to establish concurrence between the Government and the contractor regarding issues could not be resolved in the prior steps. The CO will establish a time, location, and the method of the discussion meeting. The CO will determine the required participants for the Government and the contractor. The contractor may request additional or substitute attendees for the meeting, subject to the approval of the CO. If consensus is achieved through discussions: The CO will issue a task order utilizing the procedures under Step 5, above.

If consensus is NOT achieved through discussions: The Government will reject the Contractor’s proposal.

At this point, the Government may either procure the required services through other sources/methods or unilaterally issue a task order to the contractor for performance.

Undefinitized contract action tracking. In the event of an emergency, direction from the Government may be given to perform work prior to the negotiation of a task order. The contractor agrees to follow the Government’s direction to perform without an order in place. During the period after an emergency authorization to begin work and prior to the establishment of a task order for the work the following requirements apply:

- A daily accounting of all labor, equipment and materials, shall be maintained and presented to the COR or Alternate COR (ACOR) for “Acceptance” on a daily basis.

- The information presented is subject to 100 percent verification by the COR/ACOR.

- Any invoicing that does not include documented acceptance will not be paid by the Government.

H-17 INVOICING INSTRUCTIONS – SUPPLEMENTARY

a. Concurrent with submission of each monthly invoice and Workload Management Report, the contractor shall provide a summary of total monthly labor hours expended, total time off (to include time off due to Federal holidays, PTO, and other office closures (e.g., snow day) by each full-time equivalent. Prior to payment, the contractor shall certify the accuracy of the information and the CO & COR will inspect and approve that invoice submission. An invoice shall not be considered complete and eligible for payment until such certification is provided. Discrepancies of invoicing will be submitted to the contractor by the CO/COR. The Government will review, approve or reject report by three (3) business days after submission, prior to WAWF uploading.

b. Workload Management Report:

- A monthly report shall be provided consisting of the following information:

- Listing of all completed and work-in-progress assignments, including current status.

- Invoicing information - to include the contract price, invoiced costs for period submitted, amount invoiced to date, amount remaining, any decrements taken from the billing price, and innovation goals and achievements

- Scheduling of Employees - reporting all absences that include vacation, sick leave, turnovers, gaps and replacements. Challenges contractor encountered in performing contract requirements what actions were taken, and the results of the actions; issues; concerns.

- The report shall be submitted electronically either as a word doc file or a .PDF file to the COR within five (5) calendar days following the end of each month as an input to monthly meetings with the COR. The COR or a designated Task Monitor will identify work products/activities to be delivered, and accept or reject each product as indicated on the Workload Management Report.

c. The contractor shall invoice monthly via Wide Area Work Flow (WAWF) and payments will be made on a monthly basis. The total work hours assumed per month are 156 hours per FTE with a total of 1880 hours annually (inclusive of 10 federal holidays, annual leave, and sick leave). OPM guidance provides annual average hours of 2087 non-inclusive of contractor provided leave and federal holidays. Billable rates must account for any trainings, leave, PPE, and benefits provided by the contractor to the FTE. The contractor shall submit electronically attached to the invoice, a monthly Workload Management Report as described below. Particular FTE levels and labor categories will be specified by the issued task order.

d. A complete billable month shall consist of the full monthly rate, as specified on the approved labor-rate, for each Labor Category (LCAT) issued under the specific task order that works a full month.

e. For purposes of partial billing/payment, e.g. a lapse23 in contract coverage or a decrement arising from a rejected work product, a partial billable month shall include deductions for each LCAT where support was not provided.

For example: A Program Manager Level 2 is making $60.00/hr has taken a 2 week leave period, the contractor shall deduct the billable rate 80 hours * $60.00/hr = $4,800.00 less than the full monthly rate.

f. For the purposes of mobilization, e.g. ramp-up for new task orders or replacement personnel, the monthly invoice shall reflect each LCAT that are CAC-enabled and are on-site working. Invoices for this period will not be approved in full. Mobilization of all LCAT personnel shall not exceed 60 days from date of task order issuance or notice of loss-of service.

For example: A Program Manager Level 2 (making $60.00/hr) is out on medical leave for a period of 2 weeks (80 hours). The contractor has been able to provide a PM2, in that branch, who is willing to work an additional 10 hours a week for 2 weeks (20 hours total). The contractor may reduce the monthly bill rate by $3,600.00 in lieu of total deduction of $4,800.00.

Full Deduction Backfilling Deduction

PM Level 2 @ $60.00/hr Absent for 2 Weeks (-80 hours)

$60.00/hr * 80hours = $4,800.00 Deduction

PM Level 2 @ $60.00/hr Absent for 2 Weeks (-80 hours)

(Backfill) PM Level 2 $ 60.00/hr Provides 10 additional hours/week for 2 weeks Total hours compensated (+20 hours)

($60.00/hr*80hours) – ($60.00/hr*20hours) = $3,600.00 Deduction

*This is an example and does not represent actual hours or actual hourly cost*

h. Effort performed in fulfilling the requirements of this contract shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as local travel to and from an employee's usual work location, traveling to and from a temporary duty location, truncated lunch periods, or telework not authorized by the COR. The fully-burdened monthly rate for each LCAT are to be inclusive of federal holidays and authorized paid time off (PTO).

i. If any of the services do not conform to contract requirements, the Government may, in addition to any other remedies available, e.g. remedies under FAR 52.212-4 or any other clause of this contract, the Government may decrement the associated invoice by an amount commensurate with the hours expended on that specific rejected task as indicated on the Workload Management Report.

SECTION I - CONTRACT CLAUSES

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 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).

XX (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-

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

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

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

XX (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).

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

____ (10) [Reserved]

____ (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]

XX (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.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

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

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

____ (v) Alternate IV (Nov 2016) of 52.219-9.

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

XX (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).

XX (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)).

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

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

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

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

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

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

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

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

13496).

XX (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).

____ (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.)

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

XX (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (40) (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.

____ (41)(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.

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

____ (43)(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.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(48) (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.

____ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (50) 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).

____ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

____ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

XX (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

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

(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.)

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

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

XX (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).

XX (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).

_____ (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).

XX (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).

XX (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…