HS0021-12-R-0083 - SPeD external testing - Final - FBO posting - Amendment 2.pdf

HS0021-12-R-0083

Statement of Work

SPeD External Testing Amendment 2

Amendment 2: The purpose of this amendment is to correct the attachment number in Section C.2, Electronic Test Administration Services. The sentence is changed from, “The list of military bases is included in appendix A” to “The list of military bases is attached”.

Amendment 1: The purpose of this amendment is to add the following sentence to the SOW, Section C.2, Electronic Test Administration Services: Assessments are two hours in duration.

The Defense Security Service (DSS) has a requirement for external testing administration and candidate management services for its Security Professional Education Development (SPeD) certification program. This requirement is being competed via FAR Part 12.6 procedures and this document serves as a combined synopsis/solicitation. This announcement incorporates FAR provisions and clauses in effect through FAR FAC 2005-58 and constitutes the only solicitation;

a separate written solicitation will not be issued. NAICS Code 611710 applies to this requirement. The solicitation number is HS0021-12-R-0083. Work shall be performed at contractor/contractor obtained sites worldwide - including military installations. Periodic meetings may be required at Center for Development of Security Excellence (CDSE) or another Federal facility. FAR clauses 52.212-4 and 52.212-5 apply to this solicitation and are included in the “Clauses” section of the solicitation.

The solicitation is issued as a Request for Proposal (RFP). To be eligible for award, vendors must be registered and active in Central contractor registration (CCR.

The period of performance is a base period of 12 months and four, 12-month options.

Proposals will be evaluated on the résumé of the key personnel (the program manager), experience, test center locations, past performance and price. Non-price factors are more important than price.

A full and complete proposal is defined as follows:

1. Price: Proposals must provide a firm fixed price using the attached “Price Form”. The total evaluated price will be the sum of the base and four options. The pricing sheet shall include the offeror’s, DUNS number and CAGE code.

2. Key personnel résumé (program manager): Describe how the candidate meets the qualifications set out in Enclosure (1). The résumé shall not exceed two pages.

(2.) Information contained in pages that exceed two pages will not be considered.

3. Experience: Provide up to three (3) recent (performed within the last three years) examples of experience similar in magnitude and complexity as the work described in the SOW. Describe the work performed and how it relates to your ability to provide testing administration and candidate management support to DSS. Each example shall indicate how many testing centers were utilized in the performance of the work. Failure to clearly articulate how the experience examples correlate to the work to be done in the SOW may result in an unfavorable evaluation. The description shall not exceed two pages for each example. (Information contained in pages that exceed the two page limit will not be considered.)

For each example, include the contract number; the name of the contracting officer (if applicable); contracting officer’s representative (COR) or commercial point of contact (POC) and his or her telephone number and e-mail address; the dollar amount of the contract; and contract tier (i.e. prime or sub). The COR or POC must be able to verify the type and quality of work that was performed experience similar in magnitude and complexity as the work described in the SOW.

4. Listing of test centers: Provide a list of all test centers – domestic, international and military bases. This list will used to determine if the contractor can meet the requirements set forth in the SOW.

5. Past performance: DSS will use the information from the contracts listed in

“Experience” to evaluate past performance. You are responsible for assuring the POCs cooperate with us. DSS may also obtain and consider any other relevant information in evaluating past performance, including the Past Performance Information Retrieval System (PPIRS).

6. Representations: Mark all required information and return the representations in enclosure 4.

Proposals must be received in the following e-mail box by noon (Eastern) on 8 August 2012:

karen.oettinger@dss.mil. Proposals that are received late (i.e. after the date and time shown in the preceding sentence), incomplete, or at any location other than the e-mail box identified in the previous sentence will be considered to be late and will not be evaluated by the Government. E-mail transmission is not instantaneous and delays in transmission may occur anywhere along the route. The Government takes no responsibility for any delays in the transmission of an e-mailed proposal.

DSS will assess the résumé, experience, test center locations, past performance, and price of proposals in accordance with FAR Subpart 12.6. Non-price factors, when combined, are more important than price. After this assessment, the DSS contracting officer may award a contract to the contractor he or she determines to represent the best value, or may obtain additional information from and negotiate with that contractor to improve the terms of the deal reflected in its proposal. If the DSS contracting officer is unable to negotiate a favorable deal with that contractor, he or she reserves the right to negotiate and reach agreement with another firm submitting a proposal that was not assessed initially to be the best. This process will continue until a contract has been reached or all those firms submitting a proposal have been considered.

mailto:karen.oettinger@dss.mil

If agreement on a deal cannot be reached with any of the firms, negotiations may be reopened with all firms or the solicitation may be canceled.

In making the decision as to which firm represents the best value, information contained in pages in excess of the page limitations above will not be evaluated or reviewed by the Government.

This request for quotation shall not be construed as a commitment of any kind.

Questions shall be addressed to Karen Oettinger at Karen.oettinger@dss.mil or 703.617.2731.

Sincerely, Karen Oettinger Contracting Officer Defense Security Service Phone: 703.617.2731 Email: Karen.Oettinger@dss.mil

Enclosures:

(1) Statement of Work

(2) Special Contract Requirements

(3) Clauses

(4) Representations

(5) Testing locations

(6) Price Form

(7) SPeD Certification Business Process mailto:Karen.oettinger@dss.mil mailto:Karen.Oettinger@dss.mil

Enclosure 1

STATEMENT OF WORK

A. Background

The Center for Development of Security Excellence (CDSE) oversees security professionalization; training; multimedia production; education; research, analysis, and innovation mission areas. The CDSE provides security training and professional development of DoD and other U.S. Government personnel, employees of U.S.

Government contractors, and, when sponsored by authorized DoD Components, employees of selected foreign governments. The CDSE prepares individuals to perform security program roles, facilitates the development of effective security programs for the DoD, and reduces duplicate training sources and their associated infrastructures within DoD and the Federal Government. CDSE is responsible for the administration of the Security Professional Education Development (SPēD) Certification Program. The SPēD Certification Program is the DoD initiative to professionalize the security workforce.

The purpose of the SPēD Certification Program is to promote interoperability, facilitate individual development and training, and develop a workforce of certified security professionals.

B. Objective

The objective of this statement of work (SOW) is to provide SPēD certification testing and SPēD candidate management services in a professional, secure, and controlled environment to DoD and Industry Security Professionals using commercial testing centers. Testing will occur in the United States and at worldwide locations, including military installations. In addition, the contractor will support the end-to-end life cycle of the DSS candidate management process.

C. Tasks

• Program Management

• Electronic Test Administration Services

• Candidate Management Services

• Conference and Event Test Support

• Data Transfer Services

• Recommendation for CDSE Onsite Commercial Testing Center

1. Program Management: The contractor shall provide a program manager to support this requirement. This individual shall be the single point of contact for the Government related to this effort.

The program manager will be required to participate in monthly conference calls to discuss the status of the contract as well as any problems encountered and mitigation strategies. In addition, the program manager may be required to attend meetings of the DoD Security Training Council.

Deliverables:

a. Monthly report: Program manager shall be responsible for providing a monthly report to the contracting officer’s representative (COR) detailing tasks performed, to include the candidate management and test administration data. This report shall detail work scheduled for the following month. This report is due electronically to the COR by noon, the first Monday of each month.

b. Chain of custody report: The program manager shall develop a report that details the secure chain of custody for test data and candidate management data. This report shall be provided to the COR within 30 days of contract award.

c. Training: The program manager shall provide training to CDSE and SPēD personnel related to testing and candidate management procedures. The first training shall be provided at CDSE in Linthicum, MD, not later than 90 days after the date of award. Subsequent training shall be scheduled as needed; however, no more than four training sessions per contract year are anticipated.

2. Electronic Test Administration Services: Electronic test administration services are those services required of the commercial test center to support the full life cycle of the CDSE SPēD Certifications for candidates identified by the Government. Testing shall be available not later than (NLT) 30 days after the government approval of a candidate.

The contractor shall provide test administration services for Department of Defense (DoD), Federal, and industry security professionals. This includes proctoring, administering and conducting computer-based testing at contractor-owned and contractor-operated testing centers Monday through Friday during normal business hours;

excluding Federal holidays. Preferred normal business hours are 0800 – 1700hrs in the respective time zone. Times may be negotiable based on test center availability, location, and target population. The contractor is responsible for providing all personnel, software, equipment, tools, materials, supervision, hosting, and other items and services necessary to provide SPēD test administration services. Assessments are two hours in duration.

Test administration services are required at contractor-owned and operated facilities. The goal of DSS is to offer testing services in all 50 states and at designated outside contiguous United States (OCONUS) commercial facilities and military bases. At a minimum testing services must be available in 40 states. The list of military bases is attached. If testing cannot occur on a military base, the contractor must be able to provide an alternate test administration location within 75 miles of the base. OCONUS locations include Great Britain, Japan, Germany and Italy. Test administration services shall meet the SPeD Certification Business Process.

DSS will provide a Question & Test Interoperability (QTI) http://www.imsglobal.org/question file for established and future developed certification assessment instruments. In addition, the government will provide a hard copy of the assessment and instructions for delivery of the assessment. The contractor is responsible using the government provide information for ensuring the assessment instrument performs as intended by the government. Each assessment will have multiple versions http://www.imsglobal.org/question

(forms) of the assessment per certification. The contractor shall provide QTI-formatted files back to DSS via Secure File Transfer Protocol (SFTP), capturing all assessments.

DSS expects, at a minimum, twelve updates to each certification assessment instrument per year; currently there are six certifications in production. Assessments shall be uploaded and available for government review NLT 14 days after receipt from the government and be available for testing NLT 7 days after government approval.

3. Candidate Management: Candidate Management services are those services required to support the full life cycle of administered SPēD Certifications for candidates and credentialed security professionals identified by the Government. All data generated from this requirement belongs to the U.S. Government and shall be transferred to the Government at the completion of the period of performance or when requested by DSS.

When required to deliver data the contractor shall not retain any data files which contain U.S. Government information.

The contractor shall provide a candidate management system that manages the full life cycle of each candidate and their certification status, including maintenance and renewal of SPēD Certifications by credentialed security professionals. At a minimum the candidate management system must be able to track professional development units earned by credentialed individuals for one or more SPēD certifications. The URL for the SPēD Professional Development Units Catalog is available at http://www.dss.mil/documents/sped/pdu.pdf . The contractor shall provide real time automated program administration to include announcements, registration, candidate approval, test scheduling, test result management, processes, official transcript requests, and provision for required notifications to CDSE, candidates, and designate representatives of DoD Components SPēD Program Management Offices. A website shall be provided for the SPeD program management office to manage the end-to-end lifecycle of candidates and credentialed security professionals. The website shall require a username and password or other credentialed access, such as a digital or identity certificate. The website shall be accessible via Hypertext Transfer Protocol Secure (HTTPS, securing and encrypting the data in transit.

The contractor will migrate an initial population of approximately 5,000 candidates. It is estimated the number of candidates could increase up to 45,000 candidates over the life of this contract.

The contractor shall provide DSS with an output file of all Candidate Management records, SPēD credentialed DoD Security Professionals, as a comma separated value (CSV) file upon completion of the contract. In addition, the contractor will be responsible for providing post-assessment feedback in accordance with the SPēD business processes.

4. DoD Conference and Event Test Support: The contractor may be required to provide testing support at DoD conferences and events. In the event contractor support is needed, the contractor will be required to work with the host agency to determine logistical needs.

All logistical needs are the responsibility of the host agency; DSS will not reimburse the http://www.dss.mil/documents/sped/pdu.pdf contractor for audio visual, time, travel or other expenses related to test administration at conference sites. CDSE will provide one onsite government representative for each conference to support registration and answer candidate questions on the program. All registrations must be conducted through the candidate management services described in this statement of work.

5. Data Transfer Services:

The contractor shall provide data transfers to DSS weekly throughout the period of performance. The contractor shall work with DSS to define the exchange data file format and procedures. It is estimated that the minimum requirements for a transfer are: STEPP User ID, First Name, Last Name, Certification Name, Form #, Date of Test, Score (Pass/Fail), and Last 4 of Social Security Number. The contractor will be responsible for assisting in the development and maintenance of all Information Assurance Artifacts, in accordance with DoD Policy and Guidance.

CDSE requires data from the contractor system and the ability to obtain data in report formats on student activities that support the ability for DSS to populate the DSS system.

The data transport will not require the contractor application to be automated and connected to a DSS application under an automated system interface. The ability to log into the contractor system and obtain an electronic report and or file must be through an HTTPS/SSL connection.

6. Recommendation of CDSE on-site testing center: The contractor shall provide a report outlining how CDSE can become a test center. This report shall detail structural, security, hardware, software, and logistical requirements for the conversion of CDSE designated space into a testing center. Any recommendation provided by the contractor shall not be so limited that only the incumbent could perform the work. If a conflict of interest is discovered in the development of this report, the contractor may be precluded from competing for follow on work resulting from this deliverable. This report is due electronically to the COR within 60 days after date of award.

D. Key Personnel

The program manager shall have a minimum of 6 years of program management experience.

The individual shall have demonstrated experience managing multiple projects simultaneously.

A project management professional certificate is preferable.

E. Period of performance

The period of performance for this contract is a base period of 12 months with four twelve month options.

F. Place of performance

Work shall be performed at contractor sites worldwide - including military installations .

Periodic meetings may be required at CDSE or another Federal facility.

Working Conditions, Holidays and other Closures:

a. Government personnel observe the following days as holidays:

• New Year’s Day (January 1 *)

• Martin Luther King Jr.’s Birthday (Third Monday in January)

• President’s Day (Third Monday in February )

• Memorial Day (Last Monday in May )

• Independence Day (July 4* )

• Labor Day (First Monday in September)

• Columbus Day (Second Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (Fourth Thursday in November)

• Christmas Day (December 25*)

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

b. In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President’s Proclamation

c. It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the contractor's personnel work during the holiday, they may be reimbursed by the contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

d. When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned contractor personnel may also be dismissed. The contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

e. If Government personnel are unavailable due to furlough or any other reason, the contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

i. Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

ii. Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

G. Invoicing

This is a Firm Fixed Price (FFP) contract. The contractor shall invoice once a month in accordance with the “Submission of Invoices” clause.

H. Government Furnished Property and Information

No property will be provided in support of this effort. DSS will provide any necessary information to complete the tasks in the SOW. All data generated from this requirement belongs to the U.S. Government.

I. Privacy Act Compliance

The contractor and contractor personnel shall store, use, maintain, share and dispose of personally identifying information it receives under this contract in accordance with the Privacy Act of 1974 (5 USC §552a) and its implementing Federal and DoD regulations.

Enclosure 2

Special Contract Requirements

SPECIAL REQUIREMENTS FOR SERVICE CONTRACTS

A. Inherently Governmental Functions - No inherently government functions as defined in FAR

2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

B. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

C. Identification of Contractor Personnel – In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Defense Security Service (DSS), but rather shall identify themselves as being under contract to DSS. To that end, contractor personnel shall 1) identify themselves as contractor personnel at meetings by introducing themselves or being introduced as contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as contractor employees in telephone conversations and in formal and informal (e.g. e-mail) written correspondence.

D. Marking of Reports - The contractor shall mark all documents or reports produced under this contract with the contractor name, contract number, and task order number, if applicable.

ORGANIZATIONAL CONFLICTS OF INTEREST

(a.) Contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, it does not have any organizational conflict of interest, which is defined in FAR Subpart 9.5 as a situation in which the nature of work under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The Contractor's objectivity in performing the Contract work is or might be otherwise may be impaired.

(b.) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this Task Order, it shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action(s) that the Contractor has taken or intends to take to mitigate, eliminate, or neutralize the conflict.

(c.) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor under this Task Order. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to mitigate, eliminate, or neutralize organizational conflicts of interest.

(d.) The Contracting Officer has determined, however, that the nature of the work to be performed under this Task Order may give rise to potential perceived or actual organizational conflicts of interest in future DSS contracts. Accordingly, Contractor and DSS have agreed to the following conditions:

(1.) Contractor shall not be required to develop specifications or statements of work that are to be incorporated into any DSS solicitation;

(2.) Contractor shall not be provided any Government cost estimates, source-selection information, or third-party proprietary technical or cost data; and

(3.) For any follow-on related contracts, DSS will establish a bidders’ library and make available all of the documents and data collected or reviewed by Contractor in performance of the Task Order.

(e.) Additionally, Contractor understands that for any related follow-on contract, it may be required to provide a statement which describes concisely all relevant facts concerning any past, present or planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed under the proposed contract and bearing on whether the offeror has a possible organizational conflict of interest with respect to:

(1.) Being able to render impartial and objective assistance or advice; or

(2.) Being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such actual or perceived organizational conflict.

Contractor understands that no award shall be made until any potential conflict of interest has been neutralized or mitigated to the satisfaction of the Contracting Officer, or unless a waiver has been granted.

508 Compliance:

The contractor shall support the Government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires when Federal agencies develop, procure, maintain, or use electronic information technology, Federal employees with disabilities have access to and use of information and data comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

The Contractor shall ensure all products to be implemented comply with Section 508 of the Americans with Disabilities Act (ADA), as directed by the Government. All electronic and information technology (EIT) procured through this task order shall meet the applicable accessibility standards specified in 36CFR1194.2 (as checked below). Any agency exceptions applicable to this task order are listed (if checked) below.

The standards define Electronic and Information Technology, in part, as "any equipment or interconnected system or subsystem of equipment used in the creation, conversion, or duplication of data or information. The standards define the type of technology covered and set forth provisions that establish a minimum level of accessibility. The application section of the standards (1194.2) outlines the scope and coverage of the standards. The standards cover the full range of electronic and information technologies in the Federal sector, including those used for communication, duplication, computing, storage, presentation, control, transport and production.

This includes computers, software, networks, peripherals and other types of electronic office equipment.

Applicable Standards:

Section 1194.21: Software Applications and Operating Systems X.

Section 1194.22: Web-based Internet Information and Applications X.

Section 1194.23: Telecommunications Products X.

Section 1194.25: Self-Contained, Closed Products X.

Section 1194.26: Desktop and Portable Computers X.

Section 1194.31: Functional Performance Criteria X.

Section 1194.41: Information, documentation, and support X.

Agency Exceptions:

Micro-Purchase ($2,500) X.

National Security System .

Acquired by a Contractor incidental to a contract X.

Located in spaces frequented only by service personnel for maintenance, repair or Occasional monitoring of equipment .

Would impose and undue burden on the agency X.

36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov/ - Part 1194.

In addition to the applicable standards identified above, the Government will provide supplemental guidance pertaining to Section 508 requirements that are unique to the specific applications or products being developed or supported under this task order throughout the performance. The Contractor shall provide technical advice and recommendations regarding Section 508 issues pertinent to the specific applications/products supported under this task order, for review and consideration by the Government. The Government will consider this advice and review Contractor recommendations when providing supplemental Section 508 direction.

http://www.section508.gov/

Enclosure 3

Clauses

SUBMISSION OF INVOICES

a. The contractor must submit invoices in Wide Area Work Flow (WAWF) in accordance with

DFAR clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. Invoices must have the payment address identified in the contract/order form and must be attached in WAWF to be accepted by the Acceptor/Inspector office. IF AN INVOICE IS NOT ATTACHED, IT WILL BE REJECTED. Invoices must be submitted as an “Invoice 2 in 1” for services or “Combo” for supplies.

b. In addition to the requirements of the Prompt Payment clause, the contractor must include the contract line item number (CLIN) and if applicable, the subcontract line item number (SubCLIN) as identified in the contract/order. Invoices must reflect how the CLIN(s) and SubCLIN(s) are structured in Section B of the contract/order.

c. The contractor will need the following information to input invoices into WAWF:

• Administered by: HS0021 (DSS Contracting and Acquisition)

• Acceptor/Inspector: HS0001 (DSS Headquarters)

• Payment Official: F03000 (DFAS – Columbus)

CLAUSES INCORPORATED BY REFERENCE

The delivery order shall be governed by the GSA schedule clauses included in the contractor’s schedule. In addition, the following FAR and DFARS clauses apply to this order:

Clause Number Clause Title Date 52.202-1 Definitions Jan 2012 52.203-5 Covenant Against Contingent Fees Aug. 1984 52.203-6 Restrictions on Subcontractor Sales to the

Government Sept. 2006

52.203-7 Anti-kickback Procedures Oct. 2010 52.209-7 Information Regarding Responsibility Matters Feb 2012 52.212-3 Offer Representations and Certifications –

Commercial Items Apr 2012

52.212-4 Contract Terms and Conditions – Commercial Items

Feb. 2012

52.225-13 Restrictions on Certain Foreign Purchases June 2008 52.227-14 Rights in Data - General 52.232-1 Payments April 1984 252.203-7002 Requirements to Inform Employees of

Whistleblower Rights Jan. 2009

252.204-7000 Disclosure of Information Dec. 1991 252.204-7003 Control of Government Work Product Sept. 2007 252.204-7004 Alternate A, Central Contractor Registration Sept. 2007

252.204-7005 Oral Attestation of Security Responsibilities Nov. 2001 252.204-7008 Export-Controlled Items Apr. 2010 252.209-7001 Disclosure of Ownership or Control by the

Government of a Terrorist Country Jan. 2009

252.209-7002 Disclosure of Ownership or Control by a Foreign Government

Jun. 2010

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country

Dec. 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (MAY 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (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 (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] __ (12)(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).

__ (13)(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.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1144992 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1145644 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1146366 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136174 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)

(E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order

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

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

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136374 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136380 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1139913 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1144950 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_217_221.html#wp1144420 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1147479 https://www.acquisition.gov/far/current/html/52_222.html#wp1147630 https://www.acquisition.gov/far/current/html/52_222.html#wp1147656 https://www.acquisition.gov/far/current/html/52_222.html#wp1147711 https://www.acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_222.html#wp1148123 https://www.acquisition.gov/far/current/html/52_222.html#wp1160019 https://www.acquisition.gov/far/current/html/52_222.html#wp1156645 https://www.acquisition.gov/far/current/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168892 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168892 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1178433 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_223_226.html#wp1179078 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1179078 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168995 http://uscode.house.gov/

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (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, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169151 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1173773 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20…