Request for Quote - Hotline (002).pdf

Quote: 12319824Q0015 1

Subject: Request for Quote: 12319824Q0015

NATIONAL HUNGER CLEARINGHOUSE HOTLINE

Issuance Date: March 27, 2024 Deadline for Receipt of Questions: April 5, 2024 12 pm EST

Responses to Questions: April 12, 2024 12 pm EST Closing Date and Time: April 24, 2024 12 pm EST Estimated Contract Effective Date: May 20, 2024

The United States Department of Agriculture (USDA), Food, Nutrition, and Consumer Services

(FNCS) anticipates awarding a Firm-Fixed-Price (FFP) contract for a NATIONAL HUNGER

CLEARINGHOUSE HOTLINE requirement in accordance with (IAW) the solicitation’s terms and conditions.

1. Description:

This acquisition is being issued as a Request for Quote (RFQ). This competitively based award is open to all qualified businesses, and none profit organizations that meet North American Industry

Classification System (NAICS) Code: 624210 (Community Food Services) and the Richard B.

Russell National School Lunch Act outlined in Sec. 26 [1769g] Information clearinghouse. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in

FAR Subpart 12.6, Streamlined Solicitation for Commercial Products or Commercial Services, and

Part 13, Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation 12319824Q0015 as referenced above, is issued as a Request for Quotation (RFQ). This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-02, FY

24.

2. Technical Specification:

Are defined in the Performance Work Statement (PWS)

3. Period of Performance:

The period of performance for this contract is 12 months from the date of Award with up to four 1-year options.

4. Place of Performance:

The work under this contract shall be performed at the Contractor’s Facility. The Contractor shall provide the location of its off-site facility.

5. Contract Type

The contract type for this procurement will be firm-fixed price.

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INSTURCTIONS

Quotation Submission

Quotation submitted in response to this RFQ shall be formatted in accordance with the instructions provided in this section. The quotation must be received no later than April 24, 2024, at 12:00 PM EST.

In addition, the Offeror shall set forth any assumptions used in development of its pricing. Any exceptions taken to the terms and conditions of the RFQ shall be stated in the price quotation. For each exception, the Offeror shall identify the term or condition, state the reason for the exception, and provide any other information concerning the exception. The Government reserves the right not to accept any exceptions to this RFQ.

Quotations shall consist of three volumes, as follows:

Volume 1 – Technical Capability - Includes Technical Approach & Management Approach

Volume 2 - Price

Volume 3 – Past Performance

TECHNICAL CAPABILITY (VOLUME 1) – NTE 10 Pages Total

1. The length of the technical capability volume shall not be more than 10 pages total. Offeror is encouraged to submit the fewest number of pages responsive to the Performance Work

Statement requirements using the quotation section page limits as cited within this section. The

Pricing information SHALL NOT be included in the technical quote.

Quote shall be submitted via email to victor.stinerjr@usda.gov with the solicitation number in the subject line. All files shall be compatible with Microsoft Office product(s) and/or Adobe software.

2. Cover Page (not to exceed 1 page) –

At a minimum, this page shall include the Offeror’s name, address, taxpayer ID number, CAGE code, Unique Employer Identification Number; Offeror’s Point of Contact to include name, title, phone number, and email address; the solicitation number and date of submission. This page shall also include a quotation validity date of no less than 90 days.

3. Executive Summary (not to exceed 2 pages)

The Executive Summary shall provide a concise narrative summary of your technical quotation, highlighting any key or unique features.

mailto:victor.stinerjr@usda.gov

Quote: 12319824Q0015 3

4. Technical Capability (not to exceed 10 pages)

At a minimum, the following shall be addressed:

a. A description (in the Offeror’s own words) of the technical approach that satisfies the requirements of the Performance Work Statement (PWS). This discussion shall clearly demonstrate the Offeror’s understanding for performing and managing the work, including the proposed methods to ensure that schedules are met, the methods for achieving the goals and objectives stated herein, and any other information (i.e., difficulties, uncertainties, and risks associated with the work) that may bear on your ability to perform the PWS requirements successfully. A simple repetition and/or paraphrasing of the requirements set forth in this solicitation is unlikely to provide for an adequate demonstration by prospective Offerors of a proper understanding of the scope of effort required and may be judged as insufficient for establishing technical capability.

b. The Offeror shall describe its management plan, clearly outlining how it plans to accomplish the requirements of the PWS. The narrative shall address the Offeror’s plan to provide a clear chain of responsibility, quality control plan, cost control method, contract administration, and retention of qualified personnel to fill vacant positions and maintain continuity of personnel throughout performance of the contract.

c. The Offeror shall include its organizational structure and its staffing plan, which clearly outlines staffing levels that align personnel by proposed labor category and staffing information to support the proposed level of effort. The staffing plan shall address how the Offeror will manage employee absenteeism as it relates to impact on operations and PWS requirements. The

Offeror shall submit a resume (restricted to two (2) pages) for each Key Personnel which clearly indicates required qualifications, certifications, and experience, along with statements of availability and letters of commitment for Key Personnel.

NOTE: The Offeror must notify the Contracting Officer if, between the time of quotation submission and award, their proposed key personnel will be unavailable to perform under the contract post-award.

PRICE (VOLUME 2)

Offer must be made on all tasks. The total price shall include the unit price, quantity, discount terms, and the total price.

The price quotation shall include the following:

1. Your company’s Taxpayer Identification Number (TIN) and Unique Employer Identification

Number (UEI). Your company must have an active System for Award Management (SAM) registration.

2. Using Attachment 2, the Offeror shall list each labor category it proposes to use in performance of the PWS, indicate the fully burdened unit price (hourly rate) for each proposed labor category, and indicate the proposed number of hours for each labor category listed

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Past Performance (VOLUME 3)

Offerors must provide past performance information in accordance with the instructions and format provided in (ATTACHMENT 4). It is the Offeror’s responsibility to send the Past

Performance Questionnaire to its customers and direct the customer to submit the completed survey to Victor Stiner at victor.stinerjr@usda.gov, no later than April 24, 2024, by 12pm EST.

Past Performance Surveys received after the due date will be deemed late and may not be considered.

Offerors shall provide examples of three (3) past projects performed within the past years (5) years to include Task Orders or Contracts for work of the same or similar to the requirements specified in the PWS, including timeliness and quality of services provided and brief descriptions of how the projects relate to this project and how the success of prior projects was determined. This list must include the contract number, value, description, and technical/contracting points of contact (POC’s). The POC’s names, telephone numbers, agency and e-mail addresses must also be included. These past projects will be evaluated for relevancy to the scope and requirements of this PWS.

If the reference does not submit a past performance questionnaire, the reference will not be considered in the relevancy and evaluation of the Offerors past performance.

The Government will review the Offeror’s submitted past performance information for work that was performed within the last five years or is ongoing for relevancy to this requirement based on similar size/scope and complexity.

The offeror shall be rated in Past Performance on the probability of meeting the solicitation requirements based on the offeror’s demonstrated record of recent and relevant quality work performance in meeting contract requirements. Based on an integrated assessment of recent, relevancy and quality of work, the Government will assign an overall past performance rating as follows:

1. ADDENDUM FAR 52.212-2 (EVALUATION)

BASIS OF AWARD:

Award shall be made to the responsible Offeror whose quote, in conforming to this

Request for Quote, provides an overall best value to the Government. Technical factors and past performance when combined are more important than price. A single Firm-

Fixed Price Contract with a12-month base and four 1 year option periods will be awarded to the offeror who is deemed responsible in accordance with FAR Part 9, as supplemented, whose quotation conforms to the solicitation’s requirements, (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation factors to be the best value for the Government. CPARS and FAPIIS searches will be conducted to determine if the selected awardee is a responsible Offeror.

The Government reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable and/or economically mailto:victor.stinerjr@usda.gov

Quote: 12319824Q0015 5 feasible. The Government may waive informalities and minor irregularities in quotes received. The Government may select outside experts to aid in the review of the quotation.

EVALUATION FACTORS:

The Government reserves the right to incorporate any part of the awardee’s quotation, in part or whole, into the contract. If the Government elects to exercise this right, the Government will address with the awardee whether or not that aspect of the quotation needs to be protected due to being proprietary or a trade secret.

Evaluation Factors

• Factor 1: Technical Capability

(Technical and Management Approach)

• Factor 2: Price

• Factor 3: Past Performance

FACTOR 1 - TECHNICAL CAPABILITY (VOLUME 1)

The Government will evaluate the overall quality, reasonableness, and comprehensive understanding of the Offeror’s technical and management approaches as to whether it includes a detailed narrative that clearly outlines the methodology for accomplishing the requirements of the PWS.

Technical & Management Approach

The Government will evaluate the technical approach as to how well it addresses accomplishment of PWS requirements and whether it clearly demonstrates the Offeror’s understanding for performing and managing the work; to include the proposed methods of ensuring schedules are met, goals and objectives are achieved, and any other information that may bear on the Offeror’s ability to successfully perform PWS requirements.

The Offeror’s technical approach will be evaluated to ensure a clear and concise presentation of the technical approaches methodology to accomplish each area of concentration outlined in

ATTACHMENT 1- Performance Work Statement. The technical approach will be evaluated to determine if the Offeror’s offer reflects a substantive understanding of the scope, complexity and requirements associated with the objectives described in the PWS. The proposal will also be evaluated to determine if the Offeror’s technical approach has sufficient details to indicate a technical understanding of, and capability for, performing all the aspect of the PWS.

The following ratings will be applied to Offeror's Technical & Management evaluation:

Rating Definition

Highly Acceptable (HA) The Offerors' quotation exceeded the stated requirements outlined in the PWS.

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Acceptable (A) The Offerors’ quotation met the stated requirements outlined in the PWS.

Unacceptable (UA) The Offerors’ quotation did not meet the stated

Requirements

FACTOR 2 – PRICE (VOLUME 2)

To be considered for award, the Offeror shall submit prices which comply with the requirements set forth in the FAR 52.212-1 Addendum above. Offerors who fail to comply with these requirements will receive no further consideration and may be eliminated.

For price evaluation purposes, the Government will calculate the total evaluated price (which includes any offered discounts) for the Offeror by adding the total price for the period of performance. The Government will evaluate the Offeror’s quoted prices to assess the reasonableness of the total evaluated price to perform all services. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

The primary criteria evaluated on an Offeror’s price proposal is the discount provided in pricing. The Offeror’s price quote shall be evaluated to determine if the firm-fixed price proposed for each labor category is fair and reasonable for the base and all options periods.

The Government may use various price analysis techniques and procedures to determine fair and reasonableness as follows:

• Comparison of proposed prices received in response to the solicitation.

• Comparison of previously proposed prices and contract prices with current proposed prices for the same or similar end items or services if both the validity of the comparison and the reasonableness of the previous prices can be established.

• Comparison of proposed prices with the Independent Government Cost

Estimate.

• Comparison of proposed prices with prices obtained through market research for the same or similar items or services.

Options. The Government will evaluate Offerors for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an Offeror is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

FACTOR 3 – PAST PERFORMANCE (VOLUME 3)

The Government will review the Offeror’s submitted past performance information for work that was performed within the last five years or is ongoing for relevancy to this requirement based on similar size/scope and complexity.

The offeror shall be rated in Past Performance on the probability of meeting the solicitation

Quote: 12319824Q0015 7 requirements based on the offeror’s demonstrated record of recent and relevant quality work performance in meeting contract requirements. Based on an integrated assessment of recent, relevancy and quality of work, the Government will assign an overall past performance rating as follows:

6. SAM Registration:

All offerors must have an active registration that is in good standing in System for Award

Management (SAM) in order to be eligible for contract award. All offerors responding to this solicitation must meet all standards required to conduct business with the Government. All qualified responses will be considered by the Government.

IAW FAR 52.204-7, prospective vendors must be registered in the SAM database prior to award. Lack of SAM registration shall be a determining factor for award and your bid may be disqualified for not being registered and active in SAM.gov.

7. Provisions & Clauses:

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

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

The following clause(s) are incorporated by reference:

• FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

• FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT

• FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION (OCT 2020)

• FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

• FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

Rating Definition

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

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

Neutral No recent/relevant/quality performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reassigned.

http://www.acquisition.gov/

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• FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES. (NOV 2023)

• FAR 52.217-5 EVALUATION OF OPTIONS

• FAR 52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS—REPRESENTATION

• FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION

FAR 52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or

Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment— https://www.sam.gov/

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(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

Quote: 12319824Q0015 11

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 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 Offeror within 30 days before the Call Order expiration.

FAR 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 Offeror within one (1) day; provided that the Government gives the Offeror a preliminary written notice of its intent to extend at least seven (7) 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 12 months.

FAR Subpart 7.5 – INHERENTLY GOVERNMENTAL FUNCTIONS

Pursuant to FAR 7.503, the Offeror shall not perform any inherently Governmental functions under this contract. No Offeror employee shall hold him or herself out to be a Government employee, agent, or representative. No Offeror employee shall state orally or in at any time that he or she is acting on behalf of the Government. In all communications with third parties writing in connection with this contract, Offeror employees shall identify themselves as Offeror employees and specify the name of the company for which they work.”

FAR Subpart 37.1 SERVICE CONTRACTING

Consistent with FAR 37.104, no personal services shall be performed under this contract. All performance requirements shall flow only from the COR to the

Offeror's Project Manager or Section Leads. No Offeror employee will be directly supervised by the Government. All individual Offeror employee assignments, and daily work direction, shall be given by the applicable Offeror employee supervisor. If the Offeror believes any Government action or communication has been given that would create a personal services relationship between the Government and any

Offeror employee, the Offeror shall promptly notify the Contracting Officer.

The following Department of Agriculture Acquisition Regulations (AGAR) are in full text:

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AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JULY 2022)

“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 13.

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting

Officer (CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

AGAR 452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $ *. The Offeror shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Offeror's own risk.

AGAR 452.224-70 CONFIDENTIALTY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means –

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Offeror may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Offeror or that the Offeror is expected to generate which is confidential. Similarly, the contracting Officer and the Offeror 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.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Offeror will follow the rules and procedures of

Quote: 12319824Q0015 13 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.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution, or organization.

(f) Written advance notice of at least 45 days will be provided to the

Contracting Officer of the Offeror's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the

Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Offeror may proceed with disclosure. Disagreements not resolved by the Offeror and

Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Offeror 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 clause, the Offeror shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State, or local laws.

AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Offeror shall assign to this contract the following key personnel:

Position / Labor Category

Determined by Offeror

(b) During the first ninety (90) days of performance, the Offeror shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Offeror shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Offeror shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Offeror shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Offeror within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

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AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Offeror agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Offeror also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Offeror's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Offeror agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Offeror determines or has reason to suspect a breach of this requirement.

(b) The Offeror agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Offeror agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

AGAR 452.237-76 Progress Reporting (FEB 1988)

The Offeror shall submit a progress report monthly, covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Offeror's name and address;

(4) Author(s); and

(5) Date of report.

(b) SECTION I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) SECTION II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) SECTION III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) SECTION IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the

Quote: 12319824Q0015 15 estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and--if behind planned progress--what corrective steps are planned.

(f) SECTION V - If applicable, financial information shall be submitted for each major task or line-item cost.

Data shall include:

(1) The total estimated cost budgeted (fee excluded).

(2) The estimated cost expended during the current reporting period.

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.

(4) Total project to-date expenditures.

(5) Total remaining funds.

LIST OF ATTACHMENTS

ATTACHMENT 1: PERFORMANCE WORK STATEMENT

ATTACHMENT 2: PRICING SHEET

ATTACHMENT 3: QUESTION FORMAT

ATTACHMENT 4: PAST PERFORMANCE QUESTIONAIRE