RFQ 1305M323QNFFK0050 .pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE YEAR

0001 EEO Training Webinar Sessions in accordance with the Statement of Work Firm-Fixed-Price

Period of Performance: 04/14/2023 to 04/13/2024

45.00 EA

OPT

0002 Instructor Lead EEO Trainer in accordance with the

Statement of Work - 4 trainings each year Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

4.00 EA

0003 Participant Workbook in accordance with the Statement of Work Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

240.00 EA

0004 Content Development and Deployment in accordance with the Statement of Work Firm-Fixed-Price

1.00 YR

0005 Travel in accordance with the Statement of Work Time & Materials

1.00 LO

OPTION YEAR 1

1001 EEO Training Webinar Sessions in accordance with the

Statement of Work Firm-Fixed-Price

Period of Performance: 04/14/2024 to 04/13/2025

1002 Instructor Lead EEO Trainer in accordance with the

Statement of Work - 4 trainings each year Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

1003 Participant Workbook in accordance with the Statement of Work Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

1004 1.00 YR

PAGE 3 OF 58 1305M323QNFFK0050

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Content Development and Deployment in accordance with the Statement of Work Firm-Fixed-Price

1005 Travel in accordance with the Statement of Work

Time & Materials

OPTION YEAR 2

2001 EEO Training Webinar Sessions in accordance with the

Statement of Work Firm-Fixed-Price

Period of Performance: 04/14/2025 to 04/13/2026

2002 Instructor Lead EEO Trainer in accordance with the

Statement of Work - 4 trainings each year Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

2003 Participant Workbook in accordance with the Statement of Work Option Pursuant to FAR Clause 52.217-7 (MAR 1989) Firm-Fixed-Price

2004 Content Development and Deployment in accordance with the Statement of Work Firm-Fixed-Price

1.00 YR

2005 Travel in accordance with the Statement of Work

Time & Materials

PAGE 4 OF 58 1305M323QNFFK0050

Table of Contents

Attachment A Statement of Work

Attachment B Past Performance Questionnaire

52.202-1DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 19

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

52.212-4 ICONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)--ALTERNATE

I (NOV 2021)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING

TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.231-71 DUPLICATION OF EFFORT (APR 2010)

1352.242-70 POSTAWARD CONFERENCE (APR 2010)

52.203-6 IRESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)-- ALTERNATE I (NOV 2021)..20

52.209-5CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-1

52.212-2

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC

2022)

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

52.217-7

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.232-17 INTEREST (MAY 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.242-13 BANKRUPTCY (JUL 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

PAGE 5 OF 58 1305M323QNFFK0050

Table of Contents

1352.201-72 CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

1352.216-77 CEILING PRICE (APR 2010)

1352.228-70 INSURANCE COVERAGE (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1330-52.203-71NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

1330-52.208-70

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 52

1330-52.232-70NOAA LIMITATION OF FUNDS ON TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (MAY 2015)

1330-52.232-72NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) 54

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

1330-52.242-70SUBMITTAL OF INVOICES

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2022)

PAGE 6 OF 58 1305M323QNFFK0050

CLAUSES

Attachment A Statement of Work

PAGE 7 OF 58 1305M323QNFFK0050

Statement of Work

Equal Employment Opportunity (EEO) Training

NOAA Fisheries Service (NMFS)

1. Introduction/Background. The NMFS is a Line Office of the National Oceanic and

Atmospheric Administration (NOAA). The mission of NMFS is broad and includes a variety of technical and scientific services in support of Fisheries stewardship, management and support. Within NMFS are several Program Offices that are charged with carrying out the NMFS mission, including Equal Employment Opportunity. Our office, Office of the

Assistant Administrator (OAA), is responsible for providing advice and guidance in accordance with federal laws and regulations, executive orders, and agency administrative orders as described in 29 C.F.R. Part 1614, Section 102, EEO Management Directive 715, Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C.

§ 791 et seq, DAO 215, etc.

The OAA begins the process of ensuring that all staff receive required EEO training.

Headquarters, Regions, Science Centers and field offices are situated across the US, staff have historically been divided meaning half of the locations receive training in one year and the remaining half in the following year repeating this order. EEO training in

NMFS Headquarters in Silver Spring, MD has historically been conducted onsite with staff attending in person sessions. Outside of Headquarters and depending on the number of staff or at the request of management travel to conduct EEO training onsite at other various offices outside of HQ is accommodated. All other EEO training, to all staff even those in regions like Hawaii, Alaska, and other various time zones, is conducted via webinar format. Each of the larger locations require us to make several date options available to staff at those locations due to various mission requirements i.e. Vessel deployments, field research, scientific conferences, etc. It has historically worked for our staff to receive in person/onsite training sessions in a four hour format with allotted breaks; and online training in a webinar format in a three hour format also with an allotted break.

Pre pandemic, the process has been, for locations outside of HQ (Silver Spring, MD) designations to receive webinar/online EEO training, that leadership is contacted to solidify good date options. The EEO office then notifies the targeted location’s staff via email at which time, training participation requirement and registration, as well as all other pertinent info is provided. Closer to the day of training, another email is sent to provide all course handouts and webinar/online access links and connection information.

The NMFS EEO/D Office staff manages all in person and virtual sessions which includes having an online presence to assist administratively for each virtual session, answer any government related inquiries, and to ensure attendees complete and submit evaluation forms, which are created and tracked using a Google Documents link by the

EEO/D Office.

2. Scope of Work. The contractor shall develop training materials and provide and facilitate professional EEO training to NMFS staff including supervisory and non-supervisory. The Contractor shall provide all personnel, materials, supplies, services, and otherwise do all things necessary for providing the services listed in this SOW.

3. Requirements:

PAGE 8 OF 58 1305M323QNFFK0050

a. The contractor shall provide professional EEO training facilitation virtually via webinar and/or in-person to NMFS staff located at multiple locations to include headquarters at Silver Spring, MD, various Regional, Science Center and Lab sites included but not limited to Alaska Region and Science Center, Northeast Fisheries

Science Center, Greater Atlantic Region, Pacific Island Region and Science

Center, Southeast Region and Science Center, Northwest Fisheries Science Center, West Coast Region.

b. Contractor shall develop an EEO training participant manual in two versions: 1) one version for managers; and 2) one version for non-manager. EEO training sessions are held and conducted separately for managers and non-manager. None of the training sessions shall be recorded:

1. Virtual Instructor-led EEO webinar training sessions will be three (3) hours in length. Maximum number of participants will be 50.

2. In-person instructor-led training sessions will be in the format of (4) hours in length; and the government may opt to have two (2) sessions per day. The maximum number of staff to be trained for each classroom session will be

50.

3. The government may opt to schedule two (2) training sessions per day.

Note: The government reserves the right to hold a few sessions outside traditional Eastern Standard Time to accommodate west coast and Pacific

Time zones.

c. Contractor shall develop the EEO material and course curriculum relevant to all current Federal EEO laws, executive orders, and EEOC requirements. The

Contractor shall develop an EEO training course curriculum that can be used in-person and/or virtually. The EEO training course curriculum should be in two versions, one for non-manager and one for managers. The course curriculum design should clearly demonstrate and encompass adult learning principles to achieve maximum learning goals. The course curriculum and all relevant training materials including participant manuals and instructor training

Presentations content shall include but not limited to the following areas:

● The EEO complaint process

● Anti-discrimination laws

● Hostile work environment

● Federal EEO Complaint Process (Informal and Formal)

● What is a fair and respectful workplace?

● Federal & State EEO and Anti-Discrimination Laws & Executive Orders

● Discrimination

● Harassment

● Retaliation

● Supervisor and/or Employee role, duties and responsibilities

● Where to get help

● Alternative Dispute Resolution

● Remedies for Resolution

● Tools to recognize and address harassment, discrimination, etc.

● Reasonable Accommodation

● Information and discussion of the EEO complaint process in compliance with federal laws and regulation, executive orders, and agency administrative orders

PAGE 9 OF 58 1305M323QNFFK0050

as described in 29 C.F.R. Part 1614, Section 102, EEO Management Directive

715, Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42

U.S.C. § 2000e et seq., Section 501 of the Rehabilitation Act of 1973

(Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq, DAO 215, DAO 202-

955, NAO 202-1106, EEOC and OPM, etc.

● Information and discussion of Department of Commerce and NOAA

Administrative Orders on Sexual Assault, Sexual Harassment, and Reporting

Harassment at NOAA.

d. The following list of draft and final documents shall be created by the contractor and provided to the government for review, comments and approval. Drafts and final approved documents shall be sent to the government Project Lead via email with the exception of the final version of the hardcopy participant workbook which must be mailed as outlined below. Documents shall be created in MS Word, PowerPoint or other off of the shelf software in order to facilitate government comments/edits. All final documents are owned by the government.

1. A full course curriculum that describes how the contractor will achieve learning outcomes and facilitate the training of both manager and non-manager sessions for the following:

a) Live virtual webinar (3-hour sessions)

b) In-person webinar (4-hour session)

2. EEO Training Participant manual workbook for managers

3. EEO Training Participant manual workbook for non-managers

4. Instructor-led Training Presentation or workbook, if different from the

Participant workbooks. All must cover all areas of training.

5. An approved final PRINTED copy must be mailed to the government of

Participant and Instructor manual workbooks.

a) Hard copies to be sent to the Project Lead.

di. Outside of the Review and Approval process distribution of Final Participants manual workbooks is as follows:

1. The government will provide the Final Participant Workbook PDF to each staff person attending virtually via webinar. Prior to the start of the Webinar training sessions.

2. The contractor is responsible for providing each student with a final hardcopy

Participant Workbook for all in-person sessions. Participants will retain their copies of the Workbooks. The contractor is responsible for the shipment of workbooks to the on-site training locations. Contractor shall work with the

Project lead to obtain a mailing address and identify a POC at the location who will receive the shipped workbooks to the applicable location.

dii. Contractor shall work with the Project Lead to establish a training schedule for all virtual and in-person training sessions. The Project Lead will work with the contract to ensure the contractor has at least 30 days advance notice with availability to confirm availability of dates selected.

1. Due to the nature of work done by the instructor some on-site training in key locations may be required. Sr. management/managers as well as employees have expressed great reluctance to discuss EEO related matters and Sexual

PAGE 10 OF 58 1305M323QNFFK0050

Harassment matters in writing or over webinar chat sessions. The emotional safety of our employees and management team is critical, as well as the need for us to know what, if ever, discrimination or harassment is occurring in our workplace. The trainer must ensure an emotionally safe working environment at all times.

2. Also, due to the nature of NOAA’s work last minute changes to training schedules may occur and NOAA shall not be penalized for such changes.

g. Contractor shall update Participant Workbooks, Curriculum and Webinar Training

Slides as changes in regulations, laws and executive orders occur. Updates shall be emailed to the government for review, comments and approval.

h. Contractor shall provide both verbal and/or written feedback to the Project Lead, as necessary, as it relates to EEO/Harassment issues and concerns that need to be addressed in accordance with Departmental Administrative Orders.

4. Deliverables Tables:

Requirement Description Due Date

Reference d, 1,2,3,4,5

Content Development and Delivery: Contractor provides Project Lead with On-site training sessions

Draft Participant Workbook, draft presentation slides and course outline curriculum for managers and non-managers

1st Draft due 14

Days after contract award; responses to

Government edits due in 3 days d, 1,2,3,4,5

Content Development and Delivery: Contractor provides Project Lead with Webinar training sessions

Draft Participation Workbook, presentation slides and separate course outline curriculum for managers and non-managers

1st Draft due 14

Days after contract award; responses to

Government edits due in 3 days d Content Development and Delivery: Government returns comments/reviews, approval of all Vendor provided Draft Documents

Government response to Contractors submission due in 3 days e.2 Provide individual hard-copy Participant Training Materials for in-person sessions

As required g Contractor updates Participant Workbooks, Curriculum and Webinar Training Slides

As required h Verbal and/or written feedback to the Project Lead As required

3.a,b,f Provide 45 Webinar Sessions of EEO Training

(Anticipated Locations: NMFS Headquarters, West

Coast Region, Alaska Science Center and Region, Southeast Science Center, Northwest Science

Center)

Base Period of Performance

3.a,b,f Provide 4 In-Person Instructor-Led Sessions of

EEO Training (Anticipated Locations: NMFS

Headquarters, West Coast Region, Alaska Science

Center and Region, Southeast Science Center, Northwest Science Center)

Optional Base Period of Performance, As Required

PAGE 11 OF 58 1305M323QNFFK0050

e.2 Provide individual hard-copy Participant Training

Materials for in-person sessions

Optional Base Period of Performance, As Required h Contractor provides verbal and/or written feedback to the Project Lead

Option Base Period of Performance, As Required

3.a,b,f Provide 35 Webinar Sessions of EEO Training

(Anticipated Locations: West Coast Regional offices, Alaska Fisheries Science Center, Alaska Regional offices, Southeast Fisheries Science Center offices, Northwest Fisheries Science Center Offices, NMFS Headquarters)

Option Period 1

Period of

Performance a,b,f Provide 4 In-Person Instructor-Led Sessions of

EEO Training (Anticipated Locations: West Coast

Regional offices, Alaska Fisheries Science Center, Alaska Regional offices, Southeast Fisheries Science

Center offices, Northwest

Fisheries Science Center Offices, NMFS Headquarters)

Optional Option

Period 1 Period of

Performance, As

Required e.1. Provide individual hard-copy Participant Training

Materials for in-person sessions

Optional Period 1 Period of Performance, As Required g Contractor updates Participant Workbooks, Curriculum and Webinar Training Slides

Optional Period 1 Period of Performance, As Required h Contractor provides verbal and/or written feedback to the Project Lead

Optional Period 1 Period of Performance, As Required

3.a,b,f Provide 45 Webinar Sessions of EEO Training Option Period 2 Period of Performance

3.a,b,f Provide 4 In-Person Instructor-Led Sessions of

EEO Training (Anticipated Locations: TBD)

Optional Option

Period 2 Period of

Performance, As

Required e.2 Provide individual hard-copy Participant Training

Materials for in-person sessions

Optional Period 2 Period of Performance, As Required g Contractor updates Participant Workbooks, Curriculum and Webinar Training Slides

Optional Period 1

Period of

Performance, As

Required h Contractor provides verbal and/or written feedback to the Project Lead

Optional Period 2 Period of Performance, As Required

5. Period of Performance. One, 12-month Base Year, followed by 2, 12-month Option Years.

6. Required Knowledge and Experience:

Key Personnel Qualifications:

a. A minimum of 7 years of EEO training demonstrated experience, working with scientific organizations with-in the Federal government. The contractor shall

PAGE 12 OF 58 1305M323QNFFK0050

possess the specified area of training and expertise experience EEO laws, theories of discrimination, the federal sector EEO process, techniques for identifying and preventing workplace discrimination, harassment and retaliation, sexual harassment awareness and prevention, conflict management and unconscious bias.

b. Extensive knowledge of the Department of Commerce, NOAA, and NMFS including organizational culture, program policies, and mission critical goals.

c. A minimum of 10 years of experience providing adult learning training in team building, strategic planning, executive development, communications, organization design, and organizational change.

d. Must be able to conduct training to all levels of NMFS staff including senior leadership, middle managers, team leads and non-supervisory employees.

e. All instructor (s) /Trainer (s) must be a subject matter expert and have expert level knowledge and experience of all aspects of the Federal and NMFS EEO process and training in a scientific organization.

f. Contractor must have presentation and public speaking experience; they must have mastery level, broad and in-depth understanding of the EEO process, procedures, laws and regulations for example; they must have expertise level knowledge on Federal & State EEO and Anti-Discrimination Laws & Executive

Orders, Discrimination, Harassment, Retaliation, Alternative Dispute Resolution, Reasonable Accommodation. These qualifications must be evident in the proposed resume(s).

g. Before replacing any individual designated as Key Personnel by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The

Contractor shall not replace Key Contractor personnel without acknowledgement from the Contracting Officer.

7. IT-Security Requirements. The certification and Accreditation (C&A) or

Assessment and Authentication (A&A) requirements of Clause 48 CFR 1352.239-

72 do not apply, and a Security Accreditation Package is not required. The government will provide an escort for the contractor while in a government facility.

8. Special Requirements:

a. Confidentiality and Data Privacy: This task order may require that services contractors have access to Privacy Information. Service contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights: All deliverables are the property of the U.S.

Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order. Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of

1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation

Act Amendments of 1998), all Electronic and Information Technology (EIT)

PAGE 13 OF 58 1305M323QNFFK0050

developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility

Standards” set forth by the Architectural and Transportation Barriers Compliance

Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

9. Government-Furnished Materials.

Webinar Training: The government will provide the contractor with access to a Webinar platform. Currently the government utilizes Cisco WebEx for EEO training.

IT support will be provided by the government for each training session. If required, the government will provide participants with Reasonable Accommodations.

In the event Webinar training is conducted in a Government facility NMFS will provide materials for Webinar sessions including Conference room, projector, flip charts, camera, and A/V hook-up connections.

Onsite Training: NMFS will provide the onsite building logistics and facility conference rooms, A/V connections, flip charts, and markers for all training sessions conducted inside Government facilities. The Contractor is to provide participant workbooks and should be prepared to bring a laptop or contact the Project Lead to have one provided. Contractor should be prepared to ship material to field/regional locations when necessary to do so. Historically, a PDF copy has been issued to all participants and only two (2) hard copies have been provided to the Technical Lead and COR for record purposes

10. Place of Performance.

Due to COVID-19 restrictions, the Contractor shall conduct training sessions via Webinar, unless the in-person options are exercised. Optional In-Person Instructor Led classroom training will be conducted at a Government Training site, to include the anticipated Locations stated above.

11. Travel. Contractor Travel for In-Person Instructor-led classroom training that will be conducted at a Government Training site must receive prior approval by the Contracting Officer. Travel shall be requested using the NMFS Travel Authorization Form and shall be in accordance with Federal Travel Regulations. Any travel conducted prior to the receipt of proper written authorization from the CO will be done at the Contractor’s own risk and expense.

The following additional aspects are / are not anticipated during the performance of this order:

Domestic / U.S. Travel X Anticipated ❏ Not Anticipated Foreign / Overseas Travel ☐ Anticipated ✓ Not Anticipated

Attachment B Past Performance Questionnaire

PAGE 14 OF 58 1305M323QNFFK0050

SOLICITATION: 1305M323QNFFK0050

ATTACHMENT: B

INSTRUCTIONS: Contractor to complete blocks 1 – 4 on this page, then send entire document to Reference for completion of the Past Performance Questionnaire.

PAST PERFORMANCE QUESTIONNAIRE

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: UEI Number:

Phone Number:

Email Address:

Point of Contact: : Contact Phone Number:

2. Work Performed as: ☐ Prime Contractor ☐ Subcontractor ☐ Joint Venture ☐ Other (Explain)

Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: ☐ Firm Fixed Price ☐ Cost Reimbursement ☐ Other (Please specify):

Contract Title:

Contract Location:

Contract Agency:

Client Reference Name:

Client Reference Email Address:

Client Reference Phone Number:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work ☐ High ☐ Med ☐ Routine

How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

NOTE: THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

PAGE 15 OF 58 1305M323QNFFK0050

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional

Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner.

A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating.

Also, there should have been NO significant weaknesses identified.

(VG) Very Good

Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the

Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory

Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract.

There should have been NO significant weaknesses identified.

Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal

Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the

Government/Owner.

(U) Unsatisfactory

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming

PAGE 16 OF 58 1305M323QNFFK0050

performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

and which impacted the

Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract

Rating will be neither positive nor negative.

TO BE COMPLETED BY CLIENT REFERENCE

CLIENT REFERENCE INFORMATION

Client Reference Information Name:

Title:

Phone Number:

Email Address:

Describe role as the Client in the project:

Date Questionnaire was completed (mm/dd/yy):

Client Reference’s Signature:

PLEASE CIRCLE THE ADJECTIVAL RATING THAT BEST REFLECTS

YOUR EVALUATION (AS THE CLIENT REFERENCE) OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY

a) Quality of technical data/report preparation efforts

E VG S M U N

b) Ability to meet quality standards specified for technical performance

c) Effectiveness of contract problem resolution without extensive customer guidance

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

2. SCHEDULE

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

PAGE 17 OF 58 1305M323QNFFK0050

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

3. COST CONTROL (Not required for firm-fixed-price contracts)

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

YES NO N/A

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

YES NO

f) Have there been any indications that the contractor has had any financial problems?

If yes, please explain below.

4. MANAGEMENT

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

b) Ability to hire, apply, and retain a qualified workforce to this effort

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel

e) Utilization of Small Business concerns

PAGE 18 OF 58 1305M323QNFFK0050

f) Ability to simultaneously manage multiple projects with multiple disciplines

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to

Government changes

h) Effectiveness of overall management

(including ability to effectively lead, manage and control the program)

5. REGULATORY COMPLIANCE

a) Compliance with contractual terms/provisions

(explain if specific issues)

b) Compliance with contract reporting requirements (explain if specific issues)

6. OVERALL CUSTOMER SATISFACTION:

a) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve is agreements/disputes;

responsiveness to administrative reports, businesslike and communication)

b) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

c) Ability to successfully respond to emergency and/or surge situations (including notifying

COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

d) Overall customer satisfaction

e) Would you hire or work with this firm again?

(If no, please explain below)

f) In summary, provide an overall rating for the work performed by this contractor.

Please provide responses to the questions above (if applicable) and/or additional remarks.

Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

52.202-1 DEFINITIONS (JUN 2020)

(Reference 52.202-1)

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) (Reference 52.203-12)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

(Reference 52.203-17)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) (Reference 52.204-4)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(Reference 52.204-22)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) (Reference 52.209-2)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (Reference 52.209-10)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (Reference 52.212-4)

Applicable to T&M line items

52.212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)--

ALTERNATE I (NOV 2021)

(Reference 52.212-4 I)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 52.217-5)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

(Reference 52.225-25)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(Reference 1352.208-70)

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Reference 1352.209-72)

PAGE 19 OF 58 1305M323QNFFK0050

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.231-71 DUPLICATION OF EFFORT (APR 2010)

(Reference 1352.231-71)

1352.242-70 POSTAWARD CONFERENCE (APR 2010)

(Reference 1352.242-70)

52.203-6 I RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)-- ALTERNATE I (NOV 2021)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial products or commercial services, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial product(s) and commercial service(s).

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

(End Of Clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are /_/ are not /_/ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have /_/ have not /_/, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks ''have'', the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are /_/ are not /_/ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(D) Have /_/, have not /_/, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior

PAGE 20 OF 58 1305M323QNFFK0050

opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has /_/ has not /_/, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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52.212-1

PAGE 22 OF 58 1305M323QNFFK0050

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) ADDENDUM

This provision has been tailored to this procurement:

All references herein to “offerors” shall be construed as “vendors” and all references to “offers” or “bids” shall be construed as “quote.” Paragraph “c” of FAR Part 52.212-1 is…