A_17RFQ_NLRB6317Q0010_Solicitation_FFUP1.pdf

NLRB RFQ NLRB6317Q0010

NATIONAL LABOR RELATION BOARD

COURT REPORTING SERVICES

REQUEST FOR QUOTE (RFQ) NLRB6317Q0010

1. This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) NLRB6317Q0010. This RFQ will result in the award of a Firm Fixed Price contract for court reporting services for the National Labor Relations Board (NLRB).

2. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

3. The applicable NAICS is 561492 – Court Reporting and Stenotype Services.

4. This is a firm fixed unit price contract with a Not-to-Exceed ceiling for the total price to provide court reporting services for the National Labor Relations Board in accordance with attached Statement of Work for Court Reporting Services. Pricing should be submitted in accordance with Section 42, Attachment I, Schedule of Rates of the Statement of Work.

5. Places of Performance: See Attachment F.

6. The Statement of Work titled National Labor Relations Board, Statement of Work, Court Reporting Services is attached.

7. The provision at FAR 52.212-1, Instructions to Contractors – Commercial Items (JAN 2017), applies to this acquisition.

8. The provision at FAR 52.212-2, Evaluation – Commercial Items (OCT 2014), applies to this acquisition.

9. The Contractor must include a completed copy of the provision at FAR 52.212-3, Contractor Representations and Certifications – Commercial Items. Representations and Certification must be uploaded to the System for Award Management at www.sam.gov.

10. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (JAN 2017), applies to this acquisition.

11. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017), applies to this acquisitions.

The provisions and clauses applicable to this acquisition noted above are attached.

The full text of these provisions and clauses are available at www.acquisitons.gov/far.

1 | P a g e http://www.sam.gov/ http://www.acquisitons.gov/far

12. Defense Priorities and Allocations System (DPAS) ratings do not apply to this acquisition.

Addendum to 52.212-1 Instructions to Contractors – Commercial Items

1. CONFIDENTIAL INFORMATION

1.1. The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes submitted to federal agencies. If a contractor’s submission contains information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the contractor should mark its submissions in the following manner:

1.2. The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure per the Freedom of Information Act.”

1.3. Each individual item considered privileged or confidential under FOIA should be marked with the following notice: “The data or information is considered confidential or privileged, and is not subject to mandatory disclosure per the Freedom of Information Act.”

2. GENERAL

2.1. This acquisition is being conducted under FAR Part 13.5 – Simplified Procedures for

Certain Commercial Items. This acquisition is NOT being conducted under FAR Part 15.

2.2. The contractor shall submit documentation illustrating their approach for satisfying the requirements of this solicitation as defined in the Statement of Work (SOW). Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation of the contractor’s quote against the evaluation criteria. Also, this documentation shall cover all aspects of this solicitation, and include the contractor’s approach for providing superior support to the National Labor Relations Board. Quotes must clearly demonstrate how the contractor intends to accomplish the work specified in the SOW, and must include convincing rationale and substantiation of all claims. Unnecessary elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired.

2.3. The contractor shall describe its quote through the use of narrative, charts, and diagrams in sufficient detail for the Government to understand and evaluate the nature of the approach. In its evaluation and confidence assessment, the Government will consider the degree of substantiation of the proposed approach.

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2.4. Quotes shall be submitted to the Government via email to the Contracting Officer, Delfina St Clair at: Delfina.St.Clair@nlrb.gov no later than 10:00 AM ET on 17 AUGUST 2017. Contractors are advised to take proper steps to ensure timely submission of their quote. It is the sole responsibility of the contractor to ensure that the electronic files submitted are virus free and can be opened and read by the Government.

If the electronic files cannot be opened, and read by the Government, the contractor shall have one business day after notification of same, to correct the deficiency. After that time, if the electronic files cannot be opened and read by the Government, the quote may be rejected and not evaluated further.

2.5. All correspondence in conjunction with this RFQ shall be directed to the following point of contact: Contracting Officer, Delfina St Clair at: Delfina.St.Clair@nlrb.gov. The Government will not accept telephone inquiries regarding this RFQ. The Government will answer questions received up to 9 AUGUST 2017 at 10:00 AM ET. Questions received after this date may not be answered. Response to questions will be posted on FBO.gov via an amendment to the RFQ.

2.6. Any quote, modification, or revision, that is received after the exact time specified for receipt of quotes is “late” and may not be considered, unless it is received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and there is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government’s control prior to the time set for receipt of quotes; or it was the only quote received.

3. QUOTE REQUIREMENTS

3.1. COVER LETTER: The quote shall be accompanied by a cover letter. The cover letter shall identify all enclosures being transmitted, and shall be used only to transmit the quote and shall include no other information. The cover letter shall include the following:

3.1.1. The name, address, and telephone number of the contractor (and electronic address if available);

3.1.2. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ;

3.1.3. Names, titles, telephone numbers, and e-mail addresses of persons authorized to communicate on the contractor’s behalf with the Government in connection with this RFQ; and

3.1.4. Name, title, and signature of person authorized to sign the quote. Quotes 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 | P a g e mailto:Delfina.St.Clair@nlrb.gov mailto:Delfina.St.Clair@nlrb.gov

3.2. The following specifies the page limitations that shall be provided with the quote:

Volume I – Technical

Title Page Limit

(1) Cover Letter 1

(2) Technical Approach

25 Pages (including attachments)

(3) Past Performance 1 (Attachment 1 of

RFQ)

Volume II – Price Title Max. page Limit

II. Price No Limit

3.3. FACTOR 1 – Technical Capability and Management Approach

3.3.1. The contractor shall describe how it will meet the NLRB's court reporting requirements as stated in this solicitation. At a minimum, the contractor shall discuss the following:

a) The contractor’s relevant experience providing the services outlined in the

SOW.

b) Provide sample electronic transcript and scanned exhibits. This sample must contain three (3) pages of transcript, and an exhibit file containing three (3) separate scanned exhibits in the required formats. The original hard copy sample transcript and exhibits must also be submitted with your quote. The sample transcript and scanned exhibits must be created using the suggested compatible software applications that you and your proposed subcontractor(s), if applicable, intend to use.

c) Sample of the tabs, markers and binding materials that will be used for original hard copies of the transcripts and exhibits.

d) Describe the following in the Management Approach:

• Management structure and staffing plan.

• Capability and method to fulfill request for reporting services.

• Quality assurance procedures.

• Subcontractor arrangements.

3.4. FACTOR 2 – Past Performance: Contractors shall provide past performance information in the format provided in the attached Past Performance Worksheet, for no more than three (3) projects performed in the three year period immediately preceding submission of the quote and all work currently being performed. All contact information shall be current; references that include contact information that is not current may not

4 | P a g e be considered for evaluation. For evaluation purposes, information obtained through various commercial and federal sources such as Past Performance Information Retrieval System, Contractor Performance Assessment Reporting System and Excluded Parties List System may be utilized by the Government.

3.5. PRICE

3.5.1. Pricing shall be submitted in the format provided in Section 42, Attachment I, “Schedule of Rates” of the Statement of Work. If no price is intended for a category, the Contractor must insert NC (no charge). Failure to enter either a price or NC will indicate that no charge is intended.

3.5.2. Unit Prices are fixed prices and must include the following:

(a) All costs (including, but not limited to: labor, fringe benefits, overhead, G&A, travel and profit) necessary to provide the court reporting services and audio recording transcription services.

(b) All recordings, transcribing, and shipping charges to deliver the required number of copies of completed transcripts, exhibits and transcript reports to the destination(s) prescribed in this solicitation.

(c) Cost of providing electronic copies of the transcript and exhibits.

3.5.3. Attendance Fees

An attendance fee as awarded in the Schedule of Rates will be paid per hour of hearing or deposition attended by the contractor with a minimum of 4 hours.

The minimum attendance fee for reporting services by telephone (e.g., pretrial teleconferences) will be one hour.

3.5.4. Settlement Fees

In the event that a settlement is reached in a C case or a stipulated election agreement is reached in an R case, and the Agency decides not to request a copy of the transcript, the Agency will pay a settlement fee, as awarded in the Schedule of Rates, for each day the reporter appears for a hearing that is held.

The Contractor will be notified, by the appropriate office, within 24 hours of the Agency’s approval of the settlement or election agreement to stop any transcription work, which may have been started for the hearing.

If a case is settled or election agreement reached where the hearing is set to resume, but which has not begun for that day and is not otherwise canceled timely, the Agency will pay a settlement fee, as awarded in the Schedule of Rates, for that day, in lieu of a cancellation fee and/or an attendance fee.

3.5.5. Cancellation Fees

Whenever a notice of cancellation or postponement of a scheduled hearing or deposition is not received by the Contractor the previous business day by 2:00 p.m. local time of the Regional or Subregional office that requested the reporter

5 | P a g e for the hearing or deposition (the Cancellation Fee Deadline), the Agency will pay the Contractor the applicable cancellation fee awarded in the Schedule of Rates.

Whenever the Contractor provides a reporter who appears at a hearing or deposition, which is, or has been, canceled or postponed after the Cancellation Fee Deadline, the Contractor will be paid the applicable cancellation fee awarded in the Schedule of Rates instead of an attendance fee.

A Form NLRB 5385 Report of Cancellation or Postponement will be used to document and support all cancellation fees (see Section 42, Attachment A).

3.5.6. Overtime Payment

Overtime payment will be awarded for reporting services at a hearing or deposition prior to a Region’s, Subregion’s, or Resident Office’s normal business hours, and after 6 p.m. Monday through Friday, and on Saturday, Sunday, and Federal holidays. Payment will be in the form of an additional fee of $5.00 per quarter hour, rounded up to the nearest quarter hour for services.

NOTE: A Report of Overtime at Scheduled Hearing Form NLRB-5384 (see Section 42, Attachment B) must be signed by the Agency trial attorney or presiding official.

3.5.7. Hearing and Deposition Estimates

For planning purposes only, the following historical information is provided:

(a) Historically, the average number of hearing proceedings per year for the NLRB has been approximately 400-425 nationally.

(b) Historically, the average number of depositions per year has been 50 nationally.

3.5.8. The line items indicated in the “Schedule of Rates” are items that may be ordered throughout the duration of the contract on an as-needed basis.

4. BASIS OF AWARD

4.1. The Government will evaluate a contractor’s quote ONLY if the contractor receives a

“pass” for the following minimum criteria; however, a “pass” for the minimum criteria does not guarantee award.

4.1.1. The minimum criterion: 1) The contractor submits all required information specified in the RFQ by the closing date/time.

NOTE: Quotes containing exceptions, qualifications, conditions, or any other deviations from the solicitation may be rejected by the Government and not considered for award.

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4.2. The Government intends to award one or multiple contracts – Firm Fixed Unit Price for this effort. The Purchase Order award will be made to the responsible contractor whose quote, in conforming to this RFQ, provides the overall best value to the Government through a trade-off analysis of Technical Approach and Price.

4.3. The Government reserves the right not to make an award as a result of this competition if it is in the opinion of the Government that none of the submissions will provide acceptable performance at a price that is considered fair and reasonable and/or economically feasible.

4.4. Contractors are cautioned to submit sufficient information. Contractors may be asked to clarify certain aspects of their quote. The Contracting Officer reserves the right to award an order without the opportunity for quote revision(s).

(End of provision)

FAR 52.212-2 – Evaluation – Commercial Items (OCT 2014)

(a) The Government will award one, or multiple, Purchase Orders resulting from this solicitation to the responsible Contractor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. EVALUATION FACTORS AND RATING METHODOLOGY

1.1 EVALUATION FACTORS

Factor 1 – Technical Approach Factor 2 – Past Performance Factor 3 - Price

Order of Precedence: Factors 1 is more important than Factor 2. Factors 1 & 2 combined are more important than Factor 3. Factor 3, Price, will become more important as non-price factors become more equal. While the Government anticipates award to the responsible contractor(s) whose quote(s) provide the overall best value to the Government, no award will be made based on technical approach when the proposed price is considered unreasonably high.

1.1.1 Factor 1 – Technical Approach: The Technical Approach will be evaluated as a measure of merit and the Government’s confidence. The Government will evaluate the contractor’s technical capabilities for delivering high quality court reporting services as defined in the Statement of Work. The Government will specifically evaluate the extent to which the contractor presents the following:

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a) The contractor’s experience and abilities in providing court reporting services.

b) The Government will evaluate the contractor’s Technical Capability and Management Approach on its quality, feasibility, practicability, innovativeness, and appropriateness in accomplishing the requirements of this contract from a technical perspective. The Government will also evaluate the contractor on the clarity of their approach and their ability to convey to the Government their understanding of and ability to perform the requirements of the SOW. The Government will also evaluate the extent to which potential risks are identified and mitigated for all elements described in the SOW. The contractor shall address all requirements for the Technical Approach Factor and demonstrate the ability to meet or exceed the requirements of the solicitation.

1.1.2 Factor 2 – Past Performance:

Contractors will be evaluated on the quality of their past performance for the contracts they have identified in the PPQs. The Government will evaluate the Contractor’s record of past performance in “recent” and “relevant” contract efforts. “Recent” means contracts that are on-going or have been completed within three (3) years from the closing date of this RFQ. “Relevant” means performance of work similar in size and scope under similar conditions.

Relevant experience is described as contractor performing work related to similar to those listed in the PWS. Contracts providing court reporting services for government agencies will be considered most relevant.

In the conduct of its past performance evaluation, the Government may use a variety of information sources in addition to information provided in the Past Performance Questionnaires. These sources may include, but are not limited to, technical reports, commercial or any available published information, Government past performance databases and information derived from present or past Government or commercial customers of the Contractor.

Contractors without a record of recent or relevant past performance will not be evaluated favorably or unfavorably on past performance and will be rated neutral on Past Performance.

1.1.3 Factor 3 – Price: The Government will evaluate price quotes to determine reasonableness. Prices that are excessively high or low may be considered unrealistic and unreasonable, and may receive no further consideration. The government will be evaluating all quotes to determine best value. The Government will evaluate offers for award purposes by evaluating prices for the Base Year and Option Years. Quotes that do not include prices for the Option Years may be

8 | P a g e rejected and may not be considered further for award. Evaluation of options will not obligate the Government to exercise the options. All pricing must be specific to the Schedule of Rates.

2. EVALUATION METHODOLOGY

2.1.1 Factor 1: The following adjectival ratings will be used to rate Factor 1. A determination of “Unacceptable” renders the entire quote unacceptable and therefore will NOT be considered for award. The quote must be rated “Acceptable” or higher overall to be considered for award.

Outstanding – Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is very low.

Good – Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable – Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on BPA order performance. Risk of unsuccessful performance is no worse than moderate.

Marginal – Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses, which are not offset by strengths. Risk to unsuccessful performance is high.

Unacceptable – Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

2.1.2 Factor 2 – Past Performance: There will be two aspects to the evaluation of the Past Performance. The first aspect is to evaluate the Contractor’s past performance to determine how relevant a recent effort accomplished by the Contractor is to the effort to be acquired through this RFQ. The second aspect is “Confidence.” Confidence for Past Performance is an assessment of the Contractor’s demonstrated ability to successfully perform the requirements of the contract based on how well they have performed on recent, relevant contracts. A determination of “No Confidence” renders the entire quote unacceptable and therefore will not be considered for award.

a) Relevancy: The following definitions will be used for the relevancy ratings for each project:

Rating Description

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Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

b. Confidence: The following definitions will be used for the confidence ratings for the overall Past Performance:

Rating Description Substantial Confidence

Based on the Contractor’s recent/relevant performance record, the Government has a high expectation that the Contractor will successfully perform the required effort.

Satisfactory Confidence

Based on the Contractor’s recent/relevant performance record, the Government has a reasonable expectation that the Contractor will successfully perform the required effort.

Limited Confidence

Based on the Contractor’s recent/relevant performance record, the Government has a low expectation that the Contractor will successfully perform the required effort.

No Confidence

Based on the Contractor’s recent/relevant performance record, the Government has no expectation that the Contractor will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the Contractor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

3. Factor 3 – Price: Price will not be scored or receive an adjectival rating.

4. LIST OF ATTACHMENTS

Attachment 1 – Statement of Work Attachment 2 – Past Performance Worksheet

(End of Provision)

FAR Clause Incorporated By Reference:

FAR 52.202-1 – Definitions (NOV 2013)

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FAR 52.203-6 - Restrictions on Subcontractor Sales to the Government (SEP 2006), Alternate I

(OCT 1995)

FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (APR 2014)

FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (JAN 2017)

FAR 52.217-5 – Evaluation of Options (JUL 1990)

FAR 52.222-17 – Nondisplacement of Qualified Workers (MAY 2014)

FAR 52.225-13 – Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (OCT 2015)

FAR 52.232-1 – Payments (APR 1984)

FAR 52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.233-3 – Protest After Award (AUG 1996)

FAR 52.233-4 – Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.243-1 – Changes - Fixed Price (AUG 1987) Alternate I (APR 1984)

FAR 52.244-6 – Subcontracts for Commercial Items (JAN 2017)

FAR 52.246-6 – Inspection of Services – Fixed Price (AUG 1996)

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

EXECUTIVE ORDER -- COMMERCIAL ITEMS (JAN 2017)

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

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

(4) 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).

___ (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).

___ (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).

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___ (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).

___ (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 Contractor elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business 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.

___ (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.

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___ (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)).

___ (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).

___ (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).

__x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (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).

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

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

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

_x__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__x_ (33) (i) 52.222-50, Combating Trafficking in Persons (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).

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___ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).

(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (51) 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).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

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___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (62) (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.]

_x__ (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).

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___ (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—

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(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.)

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

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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)

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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 prior to the expiration of the Contract.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the time specified in the Schedule; 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 five years.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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Contract Administration Data

(a) All contract administration must be effected by the Contracting Officer except as delegated to the Contracting Officer’s Representative (COR). In no event will any modification, change order or other matter in deviation from the terms of scope of this contract be effective or binding unless formalized by proper contractual documents by the Contracting Officer.

(b) In the event the Contractor makes any changes to the terms or scope of this contract at the direction of any person other than Contracting Officer, the change will be considered to have been made without proper authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Contracting Officer

The Contracting Officer for this contract is:

Delfina St Clair National Labor Relations Board Acquisitions Management Branch 1015 Half Street, SE Room 3104B Washington, DC 20570

(202) 273-4212

Contracting Officer’s Representative (COR)

(a) Contracting Officer’s Representative (COR), for the contract resulting from this solicitation will be designated at time of award.

(b) The COR is responsible, as applicable, for receiving all deliverables, inspecting and accepting the services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort; fills in details or otherwise serves to accomplish the contractual Statement of Work; evaluating performance;

and certifying all invoices/vouchers are acceptance of the services furnished for payment.

(c) The COR does not have the authority to alter the Contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussion, it is desirable to alter/change contractual obligations or the Statement of Work, the Contracting Officer shall issue such changes.

National Labor Relations Board Invoicing Requirement

(a) To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212- 4(g). In addition, the following must appear on the invoice:

1. Contract Number;

2. Date of Invoice;

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3. Date service was performed;

4. Itemized description of services, applicable unit prices, and quantity delivered;

5. Extended totals; and

(b) All invoices must be prepared and submitted on a monthly basis, concurrently to the following:

1. Department of the Interior (DOI), National Business Center via email at NLRBPayments_ibcdenver@ibc.doi.gov;

2. Designated COR(s);

3. Appropriate Regional or Subregional Office Manager; and

4. Contracting Officer.

(c) The Contractor shall deliver a quarterly status report to the CO that includes for each category for each location a list of the assignment reference numbers and descriptions; the days and hours worked on each assignment; the invoices submitted to the NLRB; the invoices paid;

and any adjustments in such billings and the reasons for the adjustments.

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