NEARFP19-04_Amendment_0001.pdf

OMB Approval 2700-0042

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 23

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment 0001 See Block 16C

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

CODE

National Endowment for the Arts Administrative Services Office, 2nd floor 400 7th St. SW, Washington DC 20506

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) (4) 9A. AMENDMENT OF SOLICITATION NO.

X NEARFP19-04

9B. DATED (SEE ITEM 11)

4/30/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 one (1) copy 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 DATA 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 data 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 required to sign this document and return __ copy to the issuing office.

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

The purpose of this amendment is to:

1) Post answers to Questions submitted in response to this solicitation;

2) Add the anticipated budget to RFP section E, 1.2 Notice to Offerors, page 21;

3) Revise all mention of “NEA Project Director” to “NEA Contracting Officer’s Representative (COR) in the

Statement of Work; and

4) Revise page 4 of the Statement of Work to delete mention of a “national convening.”

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

CAROLINE HELMS

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

16C. DATE SIGNED

(Signature of person authorized to sign)

BY _____________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA

FAR (48 CFR) 53.243

REQUEST FOR PROPOSAL: NEARFP19-04 Arts and Technology Field Scan

SECTION B: Continuation of SF1449 Block 20 Schedule of Supplies/Services

1. PRICING AND CONTRACT LINE ITEM NUMBER (CLINs) INFORMATION

THE TOTAL MAXIMUM CONTRACT VALUE, defined as the sum of pricing CLINS stated above, shall not exceed (to be determined, as it is dependent upon the awardee’s pricing, at the time of award).

2. PACKAGING AND MARKING REQUIREMENTS

2.1. PRE-AWARD

2.1.1. All written and electronic correspondences, to include attachments, shall include the solicitation number: NEARFP19-04.

2.1.2. All correspondences, to include questions and proposal submissions, shall be sent to the Contracting Officer.

2.2. POST-AWARD

2.2.1. All post-award written and electronic correspondences, invoices, and all other documents shall include the contract number: (to be added post award).

Total Price Literature Scan and Grant Data Analysis Four (4) in-person roundtables and one

(1) virtual roundtable and travel for up to eleven (11) participants Twenty (20) phone interviews Four (4) virtual case studies and six (6) in-person case studies Transcription costs for 1500 minutes

$0.00

Series of ten (10) briefs or articles commissioned from media artists, organizations, etc.

Seven (7) in-person roundtables and supporting travel for up to ten (10) guests

$0.00

$0.00

CLIN 0002 Phase II: Dissemination

Arts and Technology Field Scan - Price Schedule

CLIN 0001 Phase I: Research

Total Contract PRICE

3. INSPECTION AND ACCEPTANCE

All work under this contract will be monitored by the Contracting Officers Representative (COR), who will act as the primary technical representative of the Government. The COR shall perform final inspection and acceptance of all work performed, reports, and other deliverables at the place of delivery. The Contractor may not presume acceptance unless indicated in writing by the COR or Contracting Officer (CO).

3.1. General Acceptance Criteria

3.1.1. Each work product received from the Contractor under this contract must meet the general quality measures set forth below.

3.1.2. Accuracy – Work products shall be accurate in technical content and presentation.

3.1.3. Clarity – Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

3.1.4. Consistency to Requirements – All work products shall satisfy the requirements of this contract.

3.1.5. File Editing – All text and diagrammatic files shall be editable by the Government.

3.1.6. Format – Work products shall be submitted in hard copy (where applicable) and mutually agreed upon prior to submission. Hard copy formats shall follow any specified directives or manuals.

3.1.7. Timeliness – Work products shall be submitted on or before the due date specified in this contract or submitted in accordance with a later scheduled date determined by the Government.

3.2. Deliverable Acceptance:

3.2.1. The government will acknowledge receipt of customer services delivered by the contractor with approval of the monthly invoice. The signature of the COR will be the government’s acceptance. In the event this does not occur within five days of the next month, the contractor shall notify the CO immediately, in writing. The government will not be liable for any additional tasks without the prior written consent of the CO.

3.2.2. All issues concerning this contract should be resolved directly between the contractor and the COR. If escalation is necessary it will be resolved by the CO. All contractor inquiries regarding the availability of funds obligated to the contract shall be directed to the CO.

4. PERFORMANCE INFORMATION

4.1. Contract Period of Performance

The period of performance of this contract shall be for a period of performance for twenty (20) months.

It is anticipated that the period of performance will be as follows:

June 1, 2019 through January 31, 2021

4.2. Place of Performance

Primarily Washington, D.C. and the contractor’s facility but may require performance in any of the contiguous United States in accordance with the requirements in the Statement of Work.

4.3. Federal Holidays

Unless otherwise notified in writing by the CO or COR, no services will be required on the following list of observed federal holidays:

• New Year’s Day - (January 1st)

• Martin Luther King’s Birthday - (3rd Monday in January)

• President’s Day - (3rd Monday in February)

• Memorial Day - (Last Monday in May)

• Independence Day - (July 4th)

• Labor Day - (First Monday in September)

• Columbus Day - (2nd Monday in October)

• Veterans Day - (November 11th)

• Thanksgiving Day - (4th Thursday in November)

• Christmas Day - (December 25th)

The Contractor shall observe Inauguration Day as a holiday for Washington, D.C. based Contractor employees. Federal Agencies in the Washington, D.C. metro area are closed on Inauguration Day.

However, Inauguration Day is not observed outside of the Washington, D.C. area and Contractor employees in those areas should report to their established duty station. NOTE: If a Public Holiday (observed on a specific calendar date) occurs on a Saturday, the holiday is observed on the preceding Friday; if the holiday occurs on Sunday, the holiday is observed by the Federal Government on Monday.

If Government facilities are closed nationwide or in specific locations for other than listed holidays by direction of the U.S. Office of Personnel Management, the Office of Management and Budget, Executive Order of the President or other Official Government entity, Contractor staff shall not report to Government facilities.

4.4. Performance Assessment

Contractor Past Performance Evaluation (Oct 2014)

In accordance with Federal Acquisition Regulation (FAR) 42.15, Contractor Performance Information, past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary.

NEA will utilize the Contractor Performance Assessment Reporting System (CPARS), the Government wide evaluation reporting tool for all past performance reports on contracts and orders, as appropriate.

CPARS is a secure Internet website located at https://www.cpars.gov.

CPARS Process:

1. CPARS Training: Contractors may obtain CPARS training material and register for on-line training https://www.cpars.gov.

2. Post-Award Contract Registration: NEA is responsible for registering the contract in CPARS within 30 calendar days of contract award. The Contractor shall:

a. Designate at least one (1) point of contact that will be responsible for serving as the Contractor’s

Representative (CR). Additional CRs may also be identified; and,

b. Provide the NEA Contracting Officer with the name(s) and email address (es) of the CPARS point(s) of contact.

Once NEA registers the contract in CPARS, the CR(s) will receive an automated CPARS email https://www.cpars.gov/ https://www.cpars.gov/ message that contains User IDs and instructions for creating a password for future past performance evaluation processing.

3. Interim, Annual and Final Past Performance Evaluation Reports:

a. Issuing the Evaluation: Once the NEA Assessing Official (AO) issues an evaluation to the

Contractor in CPARS, the CR(s) will receive an email instructing them to login to CPARS to review the evaluation.

b. Contractor Comments: The CR has the option to provide comments on the evaluation, indicate if they concur or do not concur with the evaluation, sign, and then return the evaluation to the AO.

The CR has a total of 60 days following the AO’s evaluation signature date to submit comments.

If the CR submits comments within the first 14 days following the AO’s signature date and the AO closes the evaluation, the evaluation will become available in Past Performance Information Retrieval System - Report Card (PPIRS-RC) within 1 day.

On day 15 following the AO’s evaluation signature date, the evaluation will become available in PPIRS-RC with or without CR comments and whether or not it has been closed by the AO. If no CR comments have been sent and the evaluation has not been closed, it will be marked as “Pending” in PPIRS-RC.

If the CR sends comments at any time prior to 61 days following the AO’s evaluation signature date, those comments will be reflected in PPIRS-RC within 1 day. On day 61 following the AO’s evaluation signature date, the CR will be “locked out” of the evaluation and may no longer send comments.

5. INVOICING

Payment for actual work and services rendered under this contract will be made. Payment will be made by the National Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with the contract clause 52.212-4 Contract Terms and Conditions--Commercial Items (JAN 2017), and 52.232 33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013), upon submission of electronic invoices to the NEA’s Finance Office, via electronic email address to:

9-AMC-AMZ-NEA-INVOICES@FAA.GOV

The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

National Endowment for the Arts Finance Office, Second Floor

400 7th Street, SW Washington, DC 20506

To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice.

(1) Name and address of the Contractor.

(2) Invoice date.

(3) Contract number.

(4) Period covered by the invoice.

(5) Number and description, quantity, unit price and extended total for the period covered applicable to Section B, Supplies/Services and Prices.

(6) Cumulative amounts billed by to date.

(7) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(8) Taxpayer Identification Number.

(9) Data Universal Numbering System (DUNS) Number.

6. CONTRACT ADMINISTRATION

6.1. Government Contract Administration

Contracting Officer: Caroline Helms Email: helmsc@arts.gov Phone: 202-682-5767

Contracting Officer’s Representative (COR)

[Added upon contract award]

Name:___________________________________ Title:____________________________________ Address:_________________________________ Telephone:_______________________________ Email: __________________________________

The above identified COR will represent the Government in the technical phase of the requirement. The COR’s duties and responsibilities are limited.

Only the Contracting Officer is authorized to make any changes to the contract.

The Contracting Officer is the only official who can legally obligate the Government for expenditure of public funds.

6.2. Contractor Administration

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Name:___________________________________ Title:____________________________________ Address:_________________________________ Telephone:_______________________________ Email: __________________________________ Facsimile:________________________________

SECTION C: CONTRACT CLAUSES

1. CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.212-4 Contract Terms and Conditions -- Commercial Items JAN 2017

2. CLAUSES INCORPORATED BY TEXT

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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).

_x_ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

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

___ (5) [Reserved]

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

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

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

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

_x__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 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]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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)).

_x__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

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

657f).

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

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

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

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_x__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_x__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_x__ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (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.]

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

(e)

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

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

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 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).

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

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

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

(End of Clause)

52.217-8 Option to Extend Services (Nov 1999)

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

(End of clause)

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/ or http://farsite.hill.af.mil

(End of clause)

52.252-6 -- AUTHORIZED DEVIATION IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(End of Clause)

3. SPECIAL CONTRACT REQUIREMENTS

3.1 Private Use of Contract Information and Data

In accordance with the Federal Acquisition Regulation (FAR) 52.227-14(b) Rights in Data-General, the Contractor shall guarantee strict confidentiality of the information and data that is provided by the Government during the performance of the contract. The Government has determined that some of the information and data that the Contractor will be provided during the performance of the contract is of a sensitive nature and cannot be disclosed in any manner without written permission of the COR and

CO.

3.2 Prohibition Against Soliciting and Performing Personal Services

a. The performance of personal services under this contract is strictly prohibited.

http://farsite.hill.af.mil/

b. Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations (FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

c. The government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services in nature that is no employer-employee relationships exist or will exist under -the contract between the government and the contractor or between the Government and the contractor’s employees.

d. Contractor personnel under this contract shall not:

i. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

ii. Be placed in a Federal staff or policy making position.

iii. Be placed in a position of supervision, direction, or evaluation over NEA personnel, or personnel of other contractors, or become a part of a government organization.

e. Employee Relationship

i. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

ii. Rules, regulations, direction, and requirements which are issued by NEA management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

iii. The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

3.3 Key Personnel

Certain skilled, experienced, professional and technical personnel are essential for accomplishing the work under this contract. These individuals are defined as "Key Personnel" and are those persons whose resumes were submitted and marked by the vendor as "Key Personnel" in response to the positions designated as “Key Personnel” within this solicitation. The Government shall accept substitutions only if in compliance with the “Substitution of Key Personnel" provision identified below:

3.4 Substitution of Key Personnel

All Contractor requests for approval of substitutions shall be submitted in writing to the COR and the Contracting Officer in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. Proposed substitutes should have comparable qualifications to those of the person(s) being replaced. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

3.5 Paperwork Reduction Act Requirements

(a) The purpose of the Paperwork Reduction Act of 1995 (PRA), as amended (44 U.S.C 3501-3520), is to ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government.

(b) The PRA must be included in all contract clauses that collect information from 10 or more persons. The clause is also required when information is collected or recorded for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is to be used for statistical compilations of general public interest. Under this clause, plans, questionnaires, interview guides, or similar devices for collecting information may not be used without first obtaining clearance from the Office of Management and Budget.

(c) The completion of the checklist below with a review by the Bureau/Office Records Officer will ensure proper records management.

(d) The OMB PRA approval number must be included in all contract clauses for systems or activities that collect information from 10 or more persons. The clause is also required when information is collected or recorded for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is to be used for statistical compilations of general public interest.

Under this clause, plans, questionnaires, interview guides, or similar devices for collecting information may not be used without first obtaining clearance from the Office of Management and Budget.

3.6 Compliance with Section 508 of the Rehabilitation Act

In accordance with FAR 39.203(b) (3) and (c) (2) for Electronic and Information Technology; Compliance with Section 508 of the Rehabilitation Act of 1973, and its 1988 Amendments, Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities and members of the public with disabilities seeking information or services from a federal agency, have comparable access to and use of information as employees and members of the public who have no disabilities, unless an undue burden would be imposed on the agency. By submitting an offer, the Contractor makes an affirmative statement that the product or services to be provided are in compliance with the Electronic and Information Technology Accessibility Standards (36 CFR 1194).

(a) All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an NEA exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/sec508/508standards.htm.

3.7 Organizational Conflicts of Interest (OCI)

The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

Per FAR 9.5, organizational conflicts of interest may result when factors create an actual or potential conflict of interest on a contract, or when the nature of the work to be performed on the contract creates an actual or potential conflict of interest on a future acquisition.

The Contractor agrees that if an actual or potential OCI arises prior to or after award, with regard to any contract, task order, or modification thereto, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. All actual or potential OCI situations shall be handled in accordance with FAR 9.5.

The Government may terminate the contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of an OCI before award, or discovered such facts after award and intentionally did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract in accordance with the "for cause" clause of this contract and pursue such other remedies as may be permitted by law.

The Government may, at its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government.

http://www.access-board.gov/sec508/508standards.htm

SECTION D: LIST OF DOCUMENTS AND ATTACHMENTS

ATTACHMENT

1 PRICING TABLE

2 REVISED STATEMENT OF WORK

SECTION E: INSTRICUTIONS, CONDITIONS AND NOTICES TO OFFERORS

1. 52.212-1 Instruction to Offerors—Commercial Items (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code for this requirement is 541720. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is $20,500,000.00.

(b) Submission of offers:

1.1. Proposals

Proposals shall be submitted in two volumes with a proposal cover page as follows:

Cover Page: The cover page shall include the following information

• Company Name

• Company’s Address

• Company Tax ID Number

• DUNS Number

• CAGE Number

• Point-of-contact information

• Solicitation number to which the proposal applies

• NAICS Code under which this opportunity is being solicited

• A statement acknowledging that the offeror has read the solicitation and amendments in their entirety and that the offeror is a small business

Volume I: Technical Proposal. Volume I is limited to 15 pages, single spaced, in 12-point Times New Roman font. This page limit is exclusive of resumes, appendices, and all other attachments and supplemental materials.

Volume II: Price Proposal. Volume II is limited to 5 pages. Offerors should complete and submit the pricing table listed in Section D. The pricing table is excluded from the page limit. Offerors should also include a responsibility statement in this volume in accordance with FAR 9.104-1 along with supporting documents, such as an Annual Profit and Loss Statement, or other such document to indicate that the Offeror possess adequate financial responsibility, or the ability to obtain such resources. Responsibility documentation will not count against the page limit. This will be used in the Government’s determination of responsibility for the Offeror.

Required Contents of Each Volume:

Volume 1 – Volume I must be marked clearly, “Volume I: Technical Proposal – Arts and Technology Field Scan.” The Technical submission is a written narrative that is the Offeror’s proposed solution to the requirement contained in the Statement of Work (SOW), and all attachments for this contract. The technical submission must be practical, straightforward, specific, concise, and complete. Volume 1 should not include any price information. A list of attachments, exhibits, tables, and figures, as required, may be provided. The technical volume should provide, at a minimum, the following:

• The offeror’s understanding of the project and proposed approach

• The offeror’s technical approach to completing the tasks and deliverables associated with this project in terms of:

o Description of intended work under each task o Proposed approach to all deliverables o How the offeror will meet deadlines stated in the SOW o Identification of potential challenges and strategies for addressing them

• Qualifications for the offeror, including subcontractors, as related to the evaluation criteria (see section E 2. FAR 52.212-2 Evaluation--Commercial Items (OCT 2014) below for details)

• Names and qualifications of key project personnel, including the lead project manager(s).

Resumes/CVs for all key personnel must be submitted (highlight relevant experience as appropriate)

• Organizational capacity and experience, including the demonstration of organizational experience with projects of a similar scope and magnitude to what is described in the Statement of Work

• Submit professional references for at least three (3) completed projects similar in scope to the one described in this RFP.

Volume II – Volume II must be marked clearly, “Volume II: Price Proposal – Arts and Technology Field Scan.” The offeror shall include a statement which summarizes their total proposed price. This statement may go into detail on any explanations that the offeror wishes to provide on their proposed price overall or for specific items. Attachment 1 Pricing Table price schedule shall be submitted with the offeror’s proposal.

The price schedule must be completed in full. In accordance with FAR 52.212-1(e), Offerors are allowed to submit multiple offers with different terms and conditions, such as different contract types (e.g., Time-and- Materials or Firm Fixed Price) and can adjust the pricing table as required to present the best solution.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) NA

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

(2)

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

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

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

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

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

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

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

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

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint.