RFQ 1331L520Q13OS0030 Open Market.pdf
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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
AUTOMATIC DOOR MAINTENANCE
0001 Base Year- The period of performance is October 1, 2020 through September 30, 2021.
PR NUMBER: AA-FEQ-WC-O-21-00004
DELIVERY DATE: 08/31/2020
SHIP TO:
U.S. DEPARTMENT OF COMMERCE
OSBM - BUILDING OPERATIONS - ROOM 1317
1401 CONSTITUTION AVE, N.W.
WASHINGTON DC 20230
1.00 JB
1001 Option Year One - The period of performance is October 1, 2021 through September 30, 2022.
DELIVERY DATE: 08/31/2020
SHIP TO:
U.S. DEPARTMENT OF COMMERCE
OSBM - BUILDING OPERATIONS - ROOM 1317
1401 CONSTITUTION AVE, N.W.
2001 Option Year Two - The period of performance is October 1, 2022 through September 30, 2023.
DELIVERY DATE: 08/31/2020
SHIP TO:
U.S. DEPARTMENT OF COMMERCE
OSBM - BUILDING OPERATIONS - ROOM 1317
1401 CONSTITUTION AVE, N.W.
3001 Option Year Three- The period of performance is October 1, 2023 through September 30, 2024.
DELIVERY DATE: 08/31/2020
SHIP TO:
U.S. DEPARTMENT OF COMMERCE
OSBM - BUILDING OPERATIONS - ROOM 1317
1401 CONSTITUTION AVE, N.W.
4001 Option Year Four The period of performance is October 1, 2024 through September 30, 2025.
DELIVERY DATE: 08/31/2020
SHIP TO:
U.S. DEPARTMENT OF COMMERCE
OSBM - BUILDING OPERATIONS - ROOM 1317
1401 CONSTITUTION AVE, N.W.
PAGE 3 OF 47 1331L520Q13OS0030
Table of Contents
PAGE 4 OF 47 1331L520Q13OS0030
CLAUSES
PAGE 5 OF 47 1331L520Q13OS0030
DEPARTMENT OF COMMERCE ENTERPRISE SERVICES
Request for Quote – AUTOMATIC DOOR MAINTENANCE
PURCHASE ORDER REQUEST FOR QUOTE:
FOR
OFFICE OF FACILITIES AND ENVIRONMENTAL
QUALITY
(FEQ)
PAGE 6 OF 47 1331L520Q13OS0030
Table of Contents
1.0 Instructions and Notices for Offerors
1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial
1.2 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017)
2.0 Communications and Questions
2.1 Solicitation Communications and Questions
2.2 1352.233-70 Agency protests (APR 2010)
2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)
3.0 Proposal Organization
3.1 Section 1 Technical Proposal
3.2 Section 2 Past Performance Information
3.3 Section 3 Price Proposal
4.0 Evaluation Factors
4.1 52.217-5 Evaluation of options (JUL 1990)
4.2 1352.213-70 Evaluation utilizing simplified acquisition procedures (APR 2010)
(1) Technical
(2) Past Performance
(3) Price
4.3 DOC PM 2015-08: SUPPLY CHAIN RISK ASSESSMENT REQUIREMENTS (SEP2015)
5.0 Purchase Order Clauses
5.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JAN 2018) ………………………………………………………………………………………………………… 18
5.2 52.217-8 Option to Extend Services NOV 1999
5.3 52.252-2 Clauses Incorporated by Reference (FEB 1998) ……………………………………… ..………………..26
5.4 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)
5.5 52.217-9 Option to Extend the Term of the Contract MAR 2000
5.6 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)
5.7 1352.209-74 Organizational conflict of interest (APR 2010)
5.8 1352.270-70 Period of performance (APR 2010)
5.9 1352.209-70 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) ……………………
5.10 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) ……………………………………………….28
5.11 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) ………………………………………………………….28
PAGE 7 OF 47 1331L520Q13OS0030
5.12 1352.209-74 Organizational Conflict of Interest (APR 2010) ……………………………………………….…..28
5.13 1352.231-71 DUPLICATION OF EFFORT (APR 2010) ……………………………………………………………..….30
5.14 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) ………………………………………………………………..…. 30
5.15 1352.228-70 INSURANCE COVERAGE (APR 2010) ………………………………………………………….…… 31
5.16 52.228-5 -- Insurance -- Work on a Government Installation (JAN 1997) ………………………………. 31
5.17 1352.201 -70 CONTRACTING OFFICER'S AUTHORITY …………………………………………..………………… 31
5.18 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010) …. 32
5.19 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) …………………………………………………………… 33
6.0 Attachments
PAGE 8 OF 47 1331L520Q13OS0030
1.0 Instructions and Notices for Offerors
1.1 Addenda to 52.212-1, Instructions to Offerors–Commercial
The Department of Commerce, Office of Facilities and Environmental Quality (FEQ) has a requirement for maintenance and service for seventy-nine (79) automatic doors and operators located in the Herbert C. Hoover Building, 1401 Constitution Avenue, NW., Washington, DC. in accordance with Attachment 1 – Statement of Work (SOW).
The associated North American Industry Classification System (NAICS) code is 238290, Other Building Equipment Contractors. The proposal will result in award of a firm-fixed-price Purchase Order.
The Department of Commerce, Office of the Secretary, Enterprise Services – Acquisition is requesting a quote to perform maintenance, service, repairs, installation, and testing for all automatic door equipment at the Herbert C. Hoover Building (HCHB) on 1401 Constitution Avenue, NW, Washington, DC 20230, in accordance with the attached Statement of Work (PWS) and Attachments. Please contact Joe Prebble at joeP@doc.gov or (202) 482-2574 if you plan to attend the scheduled site visit.
Site Visit: 9:00am-11am Eastern Standard Time (EST) on Tuesday, August 11th, 2020.
Your response to the RFP must be received by the Government as indicated below.
Questions Due Date:
11:00am Eastern Standard Time (EST) on Thursday August 13th, 2020.
Proposal Due Date: 11:00am Eastern Standard Time (EST) on Monday, August 17th, 2020.
Hard copies will not be accepted. Proposals shall be valid for 120 calendar days.
In response to this proposal, the Offeror shall prepare a detailed proposal for meeting all stated requirements and comply with the following limitations and characteristics:
• Do not include marketing materials
• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)
• Submission shall be provided in electronic format
• Arial size 11 font or Times New Roman 12 font shall be used with Arial size 9 font or Times New Roman 10 font permitted for tables and graphics.
• Offers shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, or in text searchable PDF format, as applicable.
PAGE 9 OF 47 1331L520Q13OS0030
• Proposals shall be subdivided into sections as follows: Section 1 Technical Proposal, Section 2 Past Performance Information, and Section 3 Price Proposal Information.
o Combined, sections 1 and 2 of the proposal shall be limited to a total of twenty-five pages (25). A cover letter/page, table of contents, and blank page section dividers, are excluded from this total page count.
o Section 3 of the Proposal has no page limits.
• Separate electronic files shall be submitted for the Proposal sections as follows:
o One file consisting of both Section 1, Technical Proposal and Section 2, Past
Performance Information;
o One file consisting of Section 3, Price Proposal;
The Government requires all Contractors doing business with the Government to be registered with the System for Award Management (SAM). For additional information and to register in SAM, a free service, please access the following website: www.sam.gov 1-866-606-8220. In order to register with SAM and to be eligible to receive an award, all Offerors must have a Dun & Bradstreet number, which may be acquired free of charge by contacting Dun & Bradstreet online at http://fedgov.dnb.com/webform or by phone at 1-866-705-5711. All Offerors must have submitted their Representations and Certifications using the on-line Business Partner Network (BPN) at https://www.sam.gov . The BPN is the single source for vendor data for the federal government. Award will not be made to any contractor that is not registered in SAM.
1.2 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017)
(a) The associated North American Industry Classification System (NAICS) code 238290, Other Building Equipment Contractors, with a small business size standard of $15.0M The services in this proposal are best represented by PSC Code: J099 (Maintenance/Repair/Rebuild of Equipment – Miscellaneous) However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1000 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 18, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
PAGE 10 OF 47 1331L520Q13OS0030
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 18 include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.
Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers, or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
PAGE 11 OF 47 1331L520Q13OS0030
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR
Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section
Suite 8100, 470 East L’Enfant Plaza, SW. Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of
PAGE 12 OF 47 1331L520Q13OS0030
Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii)Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 191115094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500 and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
PAGE 13 OF 47 1331L520Q13OS0030
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
2.0 Communications and Questions / Site Visits
2.1 Solicitation Communications and Questions
Communications shall be conducted electronically to rvaughn@doc.gov (Contract Specialist) and cwallis@doc.gov (Contracting Officer).
Site Visit 9:00am-11am Eastern Standard Time (EST) on Tuesday, August 11th, 2020.
The due date for communications and questions concerning this TOPR is 11:00am Eastern Standard Time (EST) on Thursday, August 13th, 2020. Questions received after the cut-off date will generally not be considered.
Any information given to one Offeror concerning this requirement will be furnished at the same time to other prospective Offeror, if that information is necessary in submitting offers, or if lack of it would be prejudicial to the other prospective Offeror.
2.2 1352.233-70 Agency Protests (APR 2010)
(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
U.S. Department of Commerce, Office of the Secretary, Enterprise Services-Acquisition, ATTN: Christopher Wallis, 14th and Constitution Avenue, Room A226, NW, Washington, D.C. 20230
Email: cwallis@doc.gov
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
U.S. Department of Commerce Office of the Secretary, Enterprise Services-Acquisition, PAGE 14 OF 47 1331L520Q13OS0030
Room A257, ATTN: Anthony S. Kram, 14th Street and Constitution Avenue, NW, Washington, D.C.20230 Emaill: AKram@doc.gov
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract
Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.
(End of clause)
2.3 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)
(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
(c) Service upon the Contract Law Division shall be made as follows:
U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
FAX: (202) 482–5858.
3.0 Proposal Organization
Proposal materials will be organized as follows: Section 1 Technical Proposal, Section 2 Past Performance Information, and Section 3 Price Proposal. All Sections are to be clearly separated from the other (i.e., page break, blank page divider, etc.,). Each Offeror shall provide all price information only in the Price Proposal. The Technical and Past Performance sections shall not contain any price information.
To be acceptable, the proposal must meet all of the constraints set forth in the Purchase Order Request for Quote.
Submit three (3) electronic files – first (1st) with the technical proposal, second (2nd) with past performance proposal, and third (3rd) with the price proposal.
3.1 Section 1 Technical Proposal
The Technical Proposal shall not exceed 25 pages. Within the Technical Proposal, Offerors shall submit sufficiently detail information of the services being acquired by the Government.
This volume addresses the technical aspects of the requirement. It shall indicate the firm’s capabilities and the means used to satisfy the requirements stated in the attached Performance Work Statement.
PAGE 15 OF 47 1331L520Q13OS0030
The Offeror is encouraged to propose any innovative solutions that meet the performance requirements for this procurement and shall set forth any information that the Offeror wishes to bring to the attention of the Government. Requirement for specifics of the Government’s requirements for acquiring a product.
The Offeror shall detail in the technical proposal, its understanding of, and approach towards, fulfilling the requirements in the attached Performance Work Statement.
3.2 Section 2 Past Performance Information
This volume addresses the offerors past performance as it relates to the requirement. The offeror shall submit data for past performance for relevant work completed or substantially performed within the past 3 years. The Past Performance Proposal shall not exceed 5 pages.
The offeror shall provide documentation outlining relevant past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this solicitation. Non-Government contracts may be used if Government contracts are not available. Offeror may provide performance information of predecessor companies. The documentation shall be submitted in the following format:
• Contract Number, Award Date and Contract type,
• Cost/Price – original awarded AND final (or projected final, if contract is active),
• Delivery Schedule – original AND final (or projected final, if the contract is active),
• Name, telephone number, fax number and e-mail address for the following:
Contracting Officer (CO)
Government Technical Representative or COR/COTR
• Identify in specific detail for each contract listed, why or how that effort is considered relevant or similar to the effort required by this solicitation. In determining relevancy, consideration should be given to such things as product/service similarity, size and complexity, contract type, contract environment, division of company proposing, and subcontractor interaction,
• A narrative explanation on each contract listed describing the objectives achieved and any cost growth or schedule delays encountered. For any contracts which did not/do not meet original requirements with regard to cost, schedule, or technical performance, a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence,
• A copy of any “Cure Notices” or “Show Cause Letters” received on each contract listed and a description of any corrective action by the offeror or proposed subcontractor,
• Description of any Termination or Termination proceedings for contracts that required work similar to that required by this solicitation. Detail circumstances leading to Termination proceedings and final outcome.
PAGE 16 OF 47 1331L520Q13OS0030
Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested herein remains with the offeror. Proposals that do not contain the information requested by this section are at risk for rejection or a less than acceptable performance rating by the Government. In the case of an offeror without any relevant past performance history, past performance will be evaluated as “neutral.” A neutral rating is neither an advantage nor disadvantage to the Offeror. Offerors with no past performance may provide the equivalent information on company officials and/or personnel proposed for this action.
All past performance comments received will be taken into account and could affect the overall rating.
The overall past performance evaluation is a subjective decision based on the whole of all data received.
If the past performance information is negative and the contractor has not previously had an opportunity to provide a response to the government evaluation, the contractor will be given an opportunity to provide rebuttal.
Section 3 Price Proposal
This volume consists of the pricing and business terms associated with the offer to enter into a contract to perform the desired work. It includes a completed pricing table using the format provided below.
Additionally, it includes all solicitation amendments acknowledged in accordance with the solicitation and any other required administrative information. The offeror shall submit sufficiently detailed information in the price proposal to permit the Contracting Officer and authorized representatives to evaluate the offer for fairness and reasonability. The Price Proposal page limitation is unlimited.
The Contractor shall provide utmost preferred pricing to the Government.
Contractor pricing shall include all shipping, handling, freight, and any other costs to deliver all material described herein to:
U.S. Department of Commerce, Herbert C. Hoover Building (HCHB), OSBM – Building Operations, Room 1317, 1401 Constitution Avenue, NW, Washington, DC 20230
The Offeror shall submit sufficiently detailed information in the price proposal to permit the Contracting Officer and authorized representatives to evaluate the offer for fairness and reasonability.
CLIN DESCRIPTION QUANITY UNIT
OF
ISSUE
UNIT PRICE AMOUNT
(Firm Fixed
Price)
Base Period:
Automatic Door Services in accordance with the Statement of Work (SOW) POP: October 01, 2020 through September 30, 2021
1 JOB $ $
PAGE 17 OF 47 1331L520Q13OS0030
4.0 Evaluation Factors
4.1 The Government will issue an order resulting from this solicitation to the responsible offeror whose quote results in the best value to the Government, considering both price and non-price factors using the trade-off method of analysis.
In determining which proposal provides best value to the Government, an integrated evaluation and assessment of offers will be conducted. The evaluation will consist of three factors; Technical, Past Performance and Price. The Technical factor is more important than the Past Performance factor.
When the two non-price factors (Technical and Past Performance) are combined, they are approximately equal to price. In the event of essential equality in the total non-price factor evaluation between one or more offerors price may become more important.
Based upon the results of the integrated assessment of the price and non-price factors, the Government may make an award to other than the lowest-priced offeror or the offeror with the highest technical score if the source selection official determines that to do so would result in the best value to the Government. Communications may be conducted with the offeror in line for award to ensure that the product and maintenance package offered meet requirements to include provision of supplemental information from the offeror if necessary to validate technical claims.
The following factors will be used to evaluate the proposals.
(1) Technical
Option Period One (1):
Statement of Work (SOW) POP: October 01, 2021 through September 30, 2022
1 JOB $ $
Option Period Two (2):
Statement of Work (SOW) POP: October 01, 2022 through September 30, 2023
1 JOB $ $
Option Period Three (3):
Statement of Work (SOW) POP: October 01, 2023 through September 30, 2024
1 JOB $ $
Option Period Four (4):
Statement of Work (SOW) POP: October 01, 2024 through September 30, 2025
1 JOB $ $
PAGE 18 OF 47 1331L520Q13OS0030
The technical evaluation will assess the extent to which the Offeror’s quote demonstrates an understanding of and a comprehensive and technically sound approach towards fulfilling the solicitation requirements.
(2) Past Performance.
Relevant past performance of offeror provided references will be the primary source of past performance information used for evaluation. However, the Government, at its sole discretion, may seek additional past performance information from other sources such as the Government’s Past Performance Information Retrieval System (PPIRS).
(3) Price.
The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements and market rates. Proposed prices must be entirely compatible with the technical proposal and consistent with the pricing requirements listed in this solicitation.
The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.
5.0 Solicitation Provisions and Clauses:
5.1 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2018)
(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 and 10878
(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).
XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
PAGE 19 OF 47 1331L520Q13OS0030
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (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].
XX (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).
XX (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).
XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)
(41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-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.
XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (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. 657 f).
XX (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C.
632(a)(2)).
PAGE 20 OF 47 1331L520Q13OS0030
__ (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)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.
13126).
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
XX_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496).
XX (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).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
XX (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(JUN 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
XX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __
(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
(E.O. 13513).
XX (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
PAGE 21 OF 47 1331L520Q13OS0030
XX (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
XX (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
XX (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31
U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
XX (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).
_XX_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
PAGE 22 OF 47 1331L520Q13OS0030
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C.
chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
XX (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 (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records— Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
PAGE 23 OF 47 1331L520Q13OS0030
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, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 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.
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