Solicitation.pdf

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

1. Requisition or other Purchase Authority: N/A

2. Request for Proposal

(RFP) Number:

NIHAO2017074

3. Issue Date:

5/26/2017

4. Set Aside:

[ ] No [X] Yes (Competitive 8(a) - See Part IV Section L)

5. Title : National Institute of Allergy and Infectious Diseases (NIAID) Repair, Alterations, and Maintenance Services (RAMS)

6. ISSUED BY:

Office of Acquisitions National Institute of Allergy and Infectious Diseases National Institutes of Health 5601 Fishers Ln, Room 3A49 Rockville, MD 20892

7. SUBMIT OFFERS TO:

Proposals will be submitted electronically to brad.engel@nih.gov

8. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received via email on or before June 23, 2017. Offers will be valid for 120 days unless a different period is specified by the offeror.

All correspondence shall have "RAMS NIHA02017074,” in the subject line.

9. IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE

AT THE PLACE AND TIME SPECIFIED FOR THE OFFICE OF ACQUISITIONS, THEN IT WILL BE

CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH subparagraph (c)(3) of FAR Clause 52.215-1, Instructions to Offerors--Competitive Acquisition," LOCATED IN SECTION L.1. OF THIS

SOLICITATION.

10. Offeror shall be registered in the System for Award Management (SAM) prior to award of a contract.

Offerors shall access the CCR through The System for Award Management (SAM) at http://www.sam.gov

11. FOR INFORMATION EMAIL.

e-MAIL: brad.engel@nih.gov

All questions pertaining to the acquisition shall be submitted no later than: Stated previously

Bradley C. Engel Contracting Specialist Office of Acquisitions, DEA

NIH, NIAID, AMOB

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING, MARKING AND SHIPPING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS. 17

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

PART I - THE SCHEDULE

The information set forth in Section A - Solicitation/Contract Form, herein contains important information for any offeror interested in responding to this solicitation. Any contract resulting from this solicitation will include in its Section A - Solicitation/Contract Form, accounting, appropriation and general information applicable to the contract award.

The contract schedule set forth in Section B through H, herein, contains contractual information pertinent to this solicitation. It is not an exact representation of the contract document that will be awarded as a result of this solicitation. The contract cost or price and other contractual provisions pertinent to the offeror (i.e. those relating to the organizational structure [e.g. non-profit, commercial] and specific cost authorizations unique to the offeror's proposal and requiring Contracting Officer prior approval) will be discussed in the negotiation process and will be included in the resultant contract. The enclosed contract schedule is intended to provide the offeror with the necessary information to understand the terms and conditions of any resultant contract.

SECTION B - SUPPLIES OR SERVICES AND PRICES

This is a follow-on contract requiring work that is specialized in nature and requires a skilled and experienced work force that has matured along with increased complexity/requirements. It is in the government’s interest to retain key personnel pursuant to E.O 13495 and FAR Subpart 22.12 NONDISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS Incumbent workers shall be offered first right of refusal for employment at equivalent to or above current wages and benefits unless proper justification to the contrary can be expressed. A job offer made by a successor contractor shall be a bona fide express offer of employment on the contract. Each bona fide express offer made to a qualified service employee on the predecessor contract must have a stated time limit of not less than 10 days for an employee response. Prior to the expiration of the 10-day period, the contractor is prohibited from offering employment on the contract to any other person, subject to the exceptions at FAR 22.1203-5. Any question concerning an employee’s qualifications shall be decided based upon the individual’s education and employment history, with emphasis on the employee’s experience on the predecessor contract, and a contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with the Executive Order. An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits.

(See 29 CFR 9.12(b) for regulatory provisions addressing circumstances in which a bona fide offer of employment can occur.)

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The contract shall provide staffing for scheduling, facilitation, and execution of repair, replacement, minor reconfiguration, or installation of equipment and facilities. This is to include modular systems, walls, ceilings, floors, furniture, casework, electrical, and mechanical equipment, disassembly, transport, reconfiguration, and installation, alteration, and maintenance thereof.

ARTICLE B.2. PRICES/COSTS

a. This is an Indefinite Quantity contract as contemplated by FAR 16.504. The Contractor shall be reimbursed by the Government in an amount not less than a total of $3,500.00 (minimum) nor more than a total of $10,000,000.00 (maximum) for successful performance of this contract.

b. The services will cover the contract period of July 1, 2017 through June 30, 2020. This includes one

(1) 12-month base year and two (2) 12-month option years.

c. The Government will issue Task Orders based on the work described in SOW and Solicitation.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. DESCRIPTION-SPECIFICATION-STATEMENT OF WORK (SOW)

a. Independently and not as an agent of the Government, the Contractor shall furnish all necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the meet requirements of solicitation and SOW. See Attachment 1.

b. Other Reports/Deliverables

(1) Information Security and Physical Access Reporting Requirements

(a) Roster of Employees Requiring Suitability Investigations. The Contractor shall submit a roster, by name, position, e-mail address, and phone number, of all staff (including subcontractor staff) working under the contract who will develop, have the ability to access, or host and/or maintain a Federal information system(s). The roster shall be submitted to the Contracting Officer's Representative (COR), with a copy to the Contracting Officer, within 14 calendar days of the effective date of the contract. Personnel in these positions require appropriate investigation/clearance and must be maintained for the duration of the contract.

(b) Reporting of New and Departing Employees. The Contractor shall notify the COR and

Contracting Officer within 30 days of staffing changes for positions that require suitability determinations as follows:

i. New Employees who have or will have access to HHS Information systems or data:

Provide the name, position title, e-mail address, and phone number of the new employee.

Provide the name, position title and suitability level held by the former incumbent. If the employee is filling a new position, provide a description of the position and the Government will determine the appropriate security level.

ii. Departing Employees: 1) Provide the name, position title, and security clearance level held by or pending for the individual; and 2) Perform and document the actions identified in the "Employee Separation Checklist,” when a Contractor/Subcontractor employee terminates work under this contract. All documentation shall be made available to the COR and/or Contracting Officer upon request. Employee Separation Checklist is Attachment 2.

iii. For key personnel, a transition plan shall be submitted to the COR 30 days prior to change.

1. Contractor shall make every effort to provide 30-day transition period for training and familiarization.

2. Interviews of key personnel may be required by NIAID. COR will decide.

(c) Contractor - Employee Non-Disclosure Agreement(s). The contractor shall complete and submit a signed and witnessed "Commitment to Protect Non-Public Information - Contractor Agreement" form for each contractor and subcontractor employee who may have access to non-public Department information under this contract. This form is located at:

http://ocio.nih.gov/docs/public/ Nondisclosure.pdf.

(2) Technical Reports/Deliverables are located in the SOW.

SECTION D- PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

SECTION E - INSPECTION AND ACCEPTANCE

All work will be inspected and approved by the COR or designated official at the completion of the job.

SECTION F - DELIVERIES OR PERFORMANCE

ARTICLE F.1. PERIOD OF PERFORMANCE

a. The Base Year period of performance of this contract shall be from July 1, 2017 – June 30, 2018

b. If the Government exercises its option(s) pursuant to the OPTION PROVISION Article in Section H of this contract, the period of performance will be increased as listed below.

ARTICLE F.2. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEBRUARY 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a FAR clauses may be accessed electronically at this address: http://www.acguisition.gov /far and HHSAR clauses at: http://www.hhs.gov/policies/hhsar/subpart352.html.

SECTION G - CONTRACT ADMINISTRATION DATA

ARTICLE G.1. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract: Mr. Daniel O’Brien

The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work (SOW) and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The alternate(s) COR is responsible for carrying out the duties of the COR only in the event that the COR can no longer perform his/her duties as assigned.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the SOW; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) otherwise change any terms and conditions of this contract; or (6) sign written licensing agreements. The Government may unilaterally change the COR designation.

ARTICLE G.2. INVOICE SUBMISSION/CONTRACT FINANCING REQUEST AND CONTRACT

FINANCIAL REPORT

Payment requests shall be submitted to the offices identified below. Do not submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with your payment request unless specified elsewhere in the contract or requested by the Contracting Officer.

a. The original invoice shall be submitted to the following designated billing office: (must be mailed)

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, MD 20892-8500

b. One copy shall be submitted to the following approving official:

Brad.engel@nih.gov

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per email and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

c. The Central Point of Distribution Mailbox:

OAInvoices@mail.gov

The Contractor shall submit an electronic copy of the payment request to the Central Point of Distribution mailbox. The payment request shall be transmitted as an attachment via e-mail to the address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number.

ARTICLE G.3. INVOICE SUBMISSION

In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

a. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is National Institute of Allergy and Infectious Diseases.

b. Central Point of Distribution. For the purpose of this contract, the Central Point of Distribution is OAinvoices@mail.nih.gov.

c. Federal Taxpayer Identification (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. If the Contractor has neither a TIN, DUNS, or

VIN, contact the Contracting Officer.

d. DUNS or DUNS+4 Number. The DUNS must identify the Contractor's name and address exactly as stated in the contract and as registered in the System for Award Management (SAM). If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract.

e. Invoice Matching Option. This contract requires a two-way match.

f. Unique Invoice Number. Each payment request must be identified by a unique number, which can only be used one time regardless of the number of contracts or orders held by an organization.

g. PRISM/NBS Line Item Number and associated PRISM/NBS Line Item Period of Performance.

ARTICLE G.4. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS, FAR 52.232-40 (December 2013)

a. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

b. The acceleration of payments under this clause does not provide any new rights under the prompt

Payment Act.

c. Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

ARTICLE G.5. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contract Contractor Performance Evaluations Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared annually.

b. Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.

c. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

d. Electronic Access to Contractor Performance Evaluations Contractors may access evaluations through a secure Web site for review and comment at the following address: http://www.cpars.gov

ARTICLE G.6. ON-SITE CONTRACTOR ACCESS TO GOVERNMENT PROPERTY

a. The Contractor shall be held responsible for Government Property, regardless of dollar value, when: (1) The contract requires contractor personnel to be located on a Government site or installation; (2) The property utilized by contractor personnel is incidental to the place of performance; and (3) The property used by the contractor remains accountable to the Government.

b. Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction.

c. Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1. KEY POSITIONS ARE AS FOLLOWS:

ARTICLE H.2. ACKNOWLEDGEMENT OF FEDERAL FUNDING

The Contractor shall clearly state, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources.

ARTICLE H.3. DISSEMINATION OF FALSE OR DELIBERATELY MISLEADING INFORMATION

The Contractor shall not use contract funds to disseminate information that is deliberately false or misleading.

ARTICLE H.4. RESTRICTION ON PORNOGRAPHY ON COMPUTER NETWORKS

The Contractor shall not use contract funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

ARTICLE H.5. GUN CONTROL

The Contractor shall not use contract funds in whole or in part, to advocate or promote gun control.

# Key Positions 1 Project Manager/Planner/Estimator/Scheduler 2 Project/Office Management 3 Senior/Supervisory Mechanic/Technician 4 Mechanic/Technician 5 Furniture Maintenance and Repair Specialist 6 Skilled Laborer 7 Laborer

ARTICLE H.6. CERTIFICATION OF FILING AND PAYMENT OF TAXES

The contractor must be in compliance with Section 518 of the Consolidated Appropriations Act of FY 2014.

ARTICLE H.7. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs are encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially. The website to file a complaint on-line is:

http://oig.hhs.gov/fraud/hotline/ and the mailing address is:

US Department of Health and Human Services Office of Inspector General

ATTN: OIG HOTLINE OPERATIONS

P.O. Box 23489 Washington, D.C. 20026

ARTICLE H.8. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY,

HHS AR 352.239-73(b) (December 18, 2015)

a. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that 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 that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

b. Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.accessboard.

gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

c. The Section 508 accessibility standards applicable to this solicitation are stated in the clause at

352.239-74, Electronic and Information Technology Accessibility. In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and document- in detail- whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS website http://www.hhs.gov/web/508.

In order to facilitate the Government's determination whether proposed EIT services meet applicable

Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

d. Respondents to this solicitation must identify any exception to Section 508 requirements. If an offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the described accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

ARTICLE H.9. CONFIDENTIALITY OF INFORMATION

a. Confidential information, as used in this article, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization.

b. The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

c. If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

d. Confidential information, as defined in paragraph (a) of this article, shall not be disclosed without the prior written consent of the individual, institution, or organization.

e. Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this article, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

f. Contracting Officer Determinations will reflect the result of internal coordination with appropriate program and legal officials.

g. The provisions of paragraph (d) of this article shall not apply to conflicting or overlapping provisions in other Federal, State or local laws.

This section is covered by this article: HHSAR 352.224-70, Confidentiality of Information

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

THE FOLLOWING ARTICLE I.1. GENERAL CLAUSE LISTING(S) WILL BE APPLICABLE TO MOST

CONTRACTS RESULTING FROM THIS RFP. HOWEVER, THE ORGANIZATIONAL STRUCTURE OF

THE SUCCESSFUL OFFEROR(S) WILL DETERMINE THE SPECIFIC GENERAL CLAUSE LISTING TO

BE CONTAINED IN THE CONTRACT(S) AWARDED FROM THIS RFP:

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision: Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/html/52_248_253.html#wp1120041

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause: 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):

https://www.acquisition.gov/far/html/52_248_253.html#wp1120041

ARTICLE I.1. GENERAL CLAUSES

Clause Date Clause Title

FAR 52.202‐1 Nov‐13 Definitions

FAR 52.203‐3 Apr‐84 Gratuities (Over the Simplified Acquisition Threshold)

FAR 52.203‐5 May‐14 Covenant Against Contingent Fees

FAR 52.203‐6 Sep‐06 Restrictions on Subcontractor Sales to the Government

FAR 52.203‐7 May‐14 Anti‐kickback Procedures

FAR 52.203‐8 May‐14 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

FAR 52.203‐10 May‐14 Price or Fee Adjustment for Illegal or Improper Activity

FAR 52.203‐11 Sep‐07 Certification and Disclosure Regarding Payments to Influence

FAR 52.203‐12 Oct‐10 Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203‐13 Oct‐10 Contractor Code of Business Ethics and Conduct

FAR 52.203‐14 Oct‐15 Display of Hotline Poster(s)

FAR 52.203‐16 Dec‐11 Preventing Personal Conflicts of Interest

FAR 52.203‐17 Apr‐14

Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower

Rights

FAR 52.204‐4 May‐11 Printed or Copied Double‐Sided on Postconsumer Fiber Content paper

FAR 52.204‐5 Oct‐14 Women‐Owned Business (Other than Small Business)

FAR 52.204‐7 Oct‐16 System for Award Management

FAR 52.204‐8 Jan‐17 Annual Representations and Certifications Full text

FAR 52.204‐9 Jan‐11 Personal Identity Verification of Contractor Personnel

FAR 52.204‐10 Oct‐16 Reporting Executive Compensation and First‐Tier Subcontract Awards ($25,000 or more)

FAR 52.204‐13 Oct‐16 System for Award Management Maintenance

FAR 52.204‐14 Oct‐16 Service Contract Reporting Requirements

FAR 52.204‐19 Dec‐14 Incorporation by Reference of Representations and Certifications

FAR 52.207‐3 May‐06 Right of first refusal of employment

FAR 52.209‐2 Nov‐15 Prohibition on Contracting with Inverted Domestic Corporations ‐Representation .

FAR 52.209‐5 Oct‐15 Certification Regarding Responsibility Matters

FAR 52.204‐6 Oct‐16

Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for debarment

FAR 52.209‐7 Jul‐13 Updates of Publicly Available Information Regarding Responsibility Matters.

FAR 52.209‐11 Feb‐16

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any

Federal Law

FAR 52.215‐1 Jan‐17 Instructions to Offerors ‐ Competitive Acquisition and ALT I and ALT II

FAR 52.215‐2 Oct‐10 Audit and Records‐Negotiation and ALT I and ALT II and ALT III

FAR 52.215‐22 Oct‐09 Limitation on Pass‐Through Charges‐Identification of Subcontract Effort ALT !

FAR 52.2 I 5‐23 Oct‐09 Limitations on Pass‐Through Charges (Over the Simplified Acquisition Threshold) ALT I

FAR 52.217‐5 Jul‐90 Evaluation of Options

FAR 52.219‐9 Mar‐00 Small Business Subcontracting Plan

FAR 52.219‐16 Jan‐99 Liquidated Damages‐Subcontracting Plan

FAR 52.222‐6 May‐14 Construction Wage Rate Requirements Withholding of Funds

FAR 52.222‐7 May‐14 Withholding of Funds

FAR 52.222‐8 May‐14 Payrolls and Basic Records

FAR 52.222‐9 Jul‐05 Apprentices and Trainees

FAR 52.222‐10 Feb‐88 Compliance with Copeland Act Requirements

FAR 52.222‐11 May‐14 Subcontracts (Labor Standards).

FAR 52.222‐12 May‐14 Contract Termination‐Debarment.

FAR 52.222‐13 May‐14 Compliance with Construction Wage Rate Requirements and Related Regulations.

FAR 52.222‐14 Feb‐88 Disputes Concerning Labor Standards.

FAR 52.222‐15 May‐14 Certification of Eligibility

FAR 52.222‐17 May‐14 Non‐displacement of Qualified Workers

FAR 52.222‐19 Oct‐16 Child Labor ‐ Cooperation with Authorities and Remedies

FAR 52.222‐22 Feb‐99 Previous Contracts and Compliance Reports

FAR 52.222‐24 Feb‐99 Pre‐award On‐Site Equal Opportunity Compliance Eval uation.

FAR 52.222‐25 Apr‐84 Affirmative Action Compliance

FAR 52.222‐26 Sep‐16 Equal Opportunity

FAR 52.222‐35 Oct‐15 Equal Opportunity of Veterans

FAR 52.222‐36 Jul‐14 Equal Opportunity for Workers with Disabil ities

FAR 52.222‐37 Feb‐16 Employment Reports on Veterans

FAR 52.222‐38 Feb‐16 Compliance with Veterans' Employment Reporting Requirements

FAR 52.222‐40 Dec‐10 Notification of Employee Rights Under the National Labor Relations Act

FAR 52.222‐41 May‐14 Service Contract Labor Standards

FAR 52.222‐50 Mar‐15 Combating Trafficking in Persons

FAR 52.222‐53 May‐14 Exemption from Appl ication of the Service Contract Act to Contracts for Certain Services‐Requirements

FAR 52.223‐3 Jan‐97 Hazardous Material Identification and Material Safety Data

FAR 52.223‐6 May‐01 Drug‐Free Workplace

FAR 52.223‐18 Aug‐11 Encouraging Contractor Pol icies to Ban Text Messaging While Driving

FAR 52.232‐33 Jul‐13 Payment by Electronic Funds Transfer‐System for Award Management

FAR 52.233‐3 Aug‐96 Protest After Award.

FAR 52.233‐4 Oct‐04 Applicable Law for Breach of Contract Claim

FAR 52.239‐1 Aug‐96 Privacy and Security Safeguards

FAR 52.225‐13 Jun‐08 Restrictions on Certain Foreign Purchases

FAR 52.225‐25 Oct‐15

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran ‐

Representations and Certifications

FAR 52.227‐1 Dec‐07 Authorization and Consent

FAR 52.227‐2 Dec‐07 Notice and Assistance Regarding Patent and Copyright Infringement

FAR 52.227‐3 Apr‐84 Patent Indemnity

FAR 52.227‐14 May‐14 Rights in Data ‐ General

FAR 52.228‐5 Jan‐97 Insurance ‐ Work on a Government Installation

FAR 52.232‐1 Apr‐84 Payments

FAR 52.232‐8 Feb‐02 Discounts for Prompt Payment

FAR 52.232‐9 Apr‐84 Limitation on W ithholding of Payments

FAR 52.232‐11 Apr‐84 Extras

FAR 52.232‐17 May‐14 Interest (Over the Simplified Acquisition Threshold)

FAR 52.232‐23 May‐14 Assignment of Claims

FAR 52.232‐25 Jan‐17 Prompt Payment, Alternate I (Feb 2002)

FAR 52.232‐39 Jun‐13 Unenforceability of Unauthorized Obligations

FAR 52.237‐1 Apr‐84 Site Visit

FAR 52.237‐2 Apr‐84 Protection of Government Buildings, Equipment, and Vegetation

FAR 52.237‐3 Jan‐91 Continuity of Services

FAR 52.242‐13 Jul‐95 Bankruptcy (Over the Simplified Acquisition Threshold)

FAR 52.242‐15 Aug‐89 Stop Work Order and ALT I

FAR 52.242‐17 Apr‐84 Government Delay of Work

FAR 52.244‐5 Dec‐96 Competition in Subcontracting (Over the Simplified Acquisition Threshold)

FAR 52.244‐6 Jan‐17 Subcontracts for Commercial Items

FAR 52.246‐25 Feb‐97 Limitation of Liabil ity

FAR 52.253‐1 Jan‐91 Computer Generated Forms

HHSAR 352.202‐1 Jan‐06 Definitions ‐ with Alternate paragraph (h) (Jan 2006)

HHSAR 352.203‐70 Dec‐15 Anti‐Lobbying

HHSAR 352.219‐70 Dec‐15 Mentor‐protege program

HHSAR 352.222‐70 Dec‐15 Contractor Cooperation in Equal Employment Opportunity Investigations

HHSAR 352.227‐70 Dec‐15 Publications and Publicity

ARTICLE I.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

Additional clauses other than those listed below which are based on the type of contract/Contractor shall be determined during negotiations. Any contract awarded from this solicitation will contain the following:

This contract incorporates the following clauses in full text.

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

As prescribed at 9.104-7(c), insert the following clause:

UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

a. The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

b. As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(a) Government personnel and authorized users performing business on behalf of the Government; or

(b) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(a) Past performance reviews required by subpart 42.15;

(b) Information that was entered prior to April 15, 2011; or

(c) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

c. The Contractor will receive notification when the Government posts new information to the

Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April

15, 2011, except past performance reviews, will be publicly available.

d. Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O.

12600.

52.216-1 Type of Contract.

As prescribed in 16.105, complete and insert the following provision: Type of Contract (Apr 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.

52.217-9 Option to Extend the Term of the Contract.

As prescribed in l7.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000)

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

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

c. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J -

LIST OF ATTACHMENTS

ARTICLE J.1 SOLICITATION ATTACHMENTS (copy of all attachments are included at the end of the RFP)

Attachment No. Title

1 SOW

2 Employee Separation Checklist

3 Record of Personal Property Loan

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

IF YOU INTEND TO SUBMIT A PROPOSAL, YOU MUST:

a. Go to the System for Award Management (SAM) and complete the Representations and Certifications. The SAM website may be accessed at: http://www.sam.gov ; and

b. Complete, and INCLUDE as part of your BUSINESS PROPOSAL: SECTION K -

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

c. FAR 52.203-2 Certificate of Independent Price Determination

Certificate of Independent Price Determination. FAR 52.203-2

As prescribed in 3.103-1, insert the following provision.

If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for

"Offer" and "Offeror."

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to -

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs

(a)(l ) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(l ) through

(a)(3) of this provision [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)( l ) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(l) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

d. FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. FAR

52.203-11

As prescribed in 3.808(a), insert the following provision:

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

(a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8).

The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person,"

"reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled

"Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled

"Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name o

(e) f the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U .S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

SECTION L - INSTRUCTIONS TO OFFERORS

a. General Information

(1) Site visit and pre-proposal conference is highly encouraged for this solicitation. Location and time are to be determined.

(2) FAR 52.215-1 Instructions to offerors.

FAR 52.215-1 ALT 1 (APR 2014) INSTRUCTIONS TO OFFERORS-COMPETITIVE

(a) Definitions. As used in this provision -

"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(l )(i) and (c)(l )(ii) of this provision.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, 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 proposal or revision is due.

(ii)(A) Any proposal, modification, or revision 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-

(1) 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 proposals; or

(2) 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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified…