RFP_No._SAQMMA15R0376.pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
SAQMMA15R0376
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/22/2015
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Tracy C. Robinson
b. TELEPHONE NUMBER (No collect calls) 703-875-4752
c. EMAIL robinsontc@state.gov
8. OFFER DUE DATE / LOCAL
TIME
CODE LMAQM
OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)
PO BOX 9115, ROSSLYN STATION
US DEPARTMENT OF STATE
ARLINGTON, VA 22219
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 721110
SIZE STANDARD:
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
CODE15. DELIVER TO CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
Contact Duns Telephone No.
17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Line Items Section
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 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. OFFER 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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SAQMMA15R0376
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs
1.1 PRICES/COSTS
C Descriptions/Specifications/Statement of Work
1.2 STATEMENT OF WORK
F Deliveries or Performance
1.3 PERIOD OF PERFORMANCE
1.4 PLACE OF PERFORMANCE
G Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
1.5 DEPARTMENT OF STATE INVOICE INSTRUCTIONS
1.6 CONTRACT ADMINISTRATION DATA
H Special Contract Requirements
1.7 NONPAYMENT FOR UNAUTHORIZED WORK
1.8 SAFEGUARDING INFORMATION
I Contract Clauses 52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED
(AUG 1999)
52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015)
K Representations, Certifications, and Other Statements of Offerors or Respondents 52.209-7 Information Regarding Responsibility Matters (Jul 2013)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)
L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) 52.214-34 Submission of Offers in the English Language (Apr 1991)
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)
1.9 QUESTIONS REGARDING SOLICITATION
1.10 PROPOSAL DELIVERY INSTRUCTIONS
1.11 PROPOSAL PREPARATION COSTS
M Evaluation Factors for Award 52.212-2 Evaluation - Commercial Items (Oct 2014)
1.12 BASIS FOR AWARD
1.1 PRICES/COSTS
1.1 PRICES/COSTS
The contractor is responsible for providing meeting space and lodging for up to 200 guests from Sunday, September 20, 2015 Check-in) to Friday, September 25, 2015 (check-out).
Description No. At-tendees
Days Rate Total Cost
Single Rooms* 200 5 Nights (Sun-Thur)
Main Meeting Room (approx.
3,400 sq. ft) (Includes:
Audio/Visual and Internet)
200 4 Days (Mon-Thur)
Control Room/Office (450 sq.
ft)
4 Days (Mon-Thur)
Additional Room (approx.
1,000 sq. ft.)
50 4 Days (Mon-Thur)
Midmorning Refreshments 200 4 Days (Mon-Thur)
Afternoon Refreshments 200 4 Days (Mon-Thur)
TOTAL COST:
TYPE OF CONTRACT
This is a Firm-Fixed-Price type of contract.
ADDITIONAL SERVICES
The U.S. Government may order additional services under this contract such as additional rooms, conference space, etc, provided that the order is made in writing and the terms are agreed to in writing by both parties.
Only the Contracting Officer is entitled to request either an increase or decrease of additional services.
NAME LISTS
Attendees will be responsible for making their own reservations through a hyperlink provided by the hotel. A
SAQMMA15R0376
Line Item Summary
Solicitation Number:
SAQMMA15R0376
Contract Number: Title: IRM's IMO Workshop Date of Solicitation:
06/22/2015
Line Item No. Description Quantity Unit Unit Price Total Cost final list of registered attendees (with check-in and check-out dates) may be requested by the U.S. Department of State.
The Role of Government Personnel and Responsibility for Contract Administration
A. Contracting Officer: The Contracting Officer has the overall responsibility for administering this contract.
He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules;
make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory per-formance; terminate the contract for convenience or default; and issue final decisions regarding contract ques-tions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.
B. Contracting Officer's Representative (COR): The COR will assist the Contracting Officer in discharging re-sponsibilities. The responsibilities of the COR include, but are not limited to: evaluating Contractor perform-ance with the terms and conditions of this contract; acting as the Government's representative at the work site;
advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance; and ad-vising the Contracting Officer of any factors which may cause delay in work performance.
Section C- Descriptions/Specifications/Statement of Work
1.2 STATEMENT OF WORK
IRM’s Information Management Officers Workshop
Proposed Workshop Dates: September 21 – 24, 2015 (Check-in September 20, 2015 and Check-out September 25, 2015)
Proposed Workshop Site: Fort Lauderdale, Florida
C. 1. Introduction
The Department of State (DoS) and the Information Resource Management Bureau (IRM), located at 2201 C Street, N. W., RM 6311, Washington, DC 20520 are seeking to award a firm fixed contract for the purpose of providing the location and services for the yearly workshop.
The Information Resource Management Bureau (IRM) holds one workshop a year for Information Management Officers (IMO) at Posts abroad. The purpose of the workshops is to provide training and inform managers at posts of the latest information on programs directly from the executives in Washington. It serves as a networking opportunity as well as a means of communication between ex-ecutives and program directors and those people in the field managing their embassy’s programs. The upcoming fall workshop will be for all regions.
C. 2. Objective
The objective of the statement of work is to negotiate at a fair price based on the current per diem rate following government policies with a facility, in which this workshop can be held; also to obtain a hotel with conference facilities and workshop facilities to hold up to 200 participants for a 4-day period. The facility should be located within 20-50 minutes drive time from an international airport and the availability of reasonable shuttle transportation is important. The venue should be within walking distance of restaurants, shops, services and have access to local public transit near the selected hotel in Fort Lauderdale. The hotel facilities needed are one main conference hall (approx. 3,400 sq. ft.), one room for a control center/office (450 sq. ft.), and one room to hold 50 people for workshop sessions during the week (approx. 1,000 sq. ft.). Each meeting room (except for the control room) should have projectors, large screens and microphones.
C.3. Support Requirements
1. The main meeting room for up to 200 attendees set up classroom style with a center aisle. The room must be available Sunday (set
up) through Thursday evening (break down). The main conference room should have a podium to the left of the screens, one Internet connection, two large projector screens and a public address system with wireless microphones. Water should be available for the speaker at the podium.
2. Connectivity and equipment rental to conduct interactive web conferencing or video teleconferencing.
3. Additional rooms should include:
One room for a control room set up, available from Monday morning before the workshop begins to Thursday evening, the week of the workshop. This room should contain a table and chairs for a two-person desk setup, and a phone that dials directly to the hotel op-erator. Internet connectivity should also be available in this room. A Hotel Business Center should be available for making copies or printing, if necessary.
One additional room for workshop sessions should be set for 50 people, classroom style. This will be used from Monday to Thursday. A different set up may be necessary for Thursday only.
*4. Lodging—A block of up to 200 sleeping rooms at the current prevailing Federal government per diem rate, for approximately 200 participants from Sunday, September 20 to Friday, September 25. The rooms will be provided at the per diem rate and no additional state and local taxes, fees and assessments are applicable. Per diem rates will be offered, based on availability, to our attendees (3) days before and (3) days after these dates. A hyperlink should be provided for online registration for the IRM attendees to reserve rooms. Individual participants will be on per diem and will make their own reservations and pay for their rooms individually. A hold for 200 rooms (first come first acquired) at Federal per diem rates is required.
5. Morning coffee service with light refreshments and afternoon beverage service with light refreshments are requested for each day.
C.4. Personnel Requirements
The hotel should have a contact person to discuss details of room setup, IT requirements, and the handling of any issues that may arise in assuring a successful workshop attendance such as handicap equipment or logistics. Technicians on the hotel staff should include A/V support and computer/internet set up support.
Performance Requirements
The final statement of charges for the U.S. Department of State should be within 2 weeks of the workshop’s conclusion and any dis-crepancies should be resolved within 48 hours. Payment shall then be made within 30 days, as is government policy. There will be no advance deposit made.
Any hotel deadlines and/or restrictions should be clearly stated in writing. The cancellation requirements should be mutually agree-able to each party.
Note: The hotel should understand that the invoice/statement of charges should not include any personal expenses for individual at-tendees. The Federal Government does not purchase alcoholic beverages or entertainment and these items should not be placed on the master statement. Please consult with the workshop coordinator if there are any questions on this matter. It is requested that the room rate be extended to those participants that need to arrive before Sunday or depart after Friday. These days are also paid for by the indi-viduals.
The Program Office and/or Task Manager should be kept appraised of progress in all steps along the process.
The Program Office shall review proposals for best value as well as suitability of facilities. The Program Office and/or Task Manager will require inspection of all bidders’ facilities and be involved in the final decision making of this award to make sure all IRM tech-nical requirements are met and the facility provides safe and secure workshop accommodations.
Immediate notification of changes in enrollment or schedule will be communicated to the Hotel Point of Contact. Audio Visual ser-vices shall include one laptop computer for general session meeting room, all-day wireless internet access in general session meeting room, on-site A/V technician; and any other additional equipment required to operate PowerPoint, microphones, and computers.
Hearing impaired employees must be accommodated through the microphone system.
All phone charges should be individually charged with the exception of the fax machine or Internet line charges. These rates/charges should be outlined in the contract.
Notification of any changes in key personnel should be made within 3 business days and is required.
Schedule
The meeting with hotel officials on Friday before the workshop should review floor plans, equipment set up, logistics, and facilities.
Managers that will be on duty during the workshop should be included in the meeting and contact numbers should be provided to the Workshop Coordinator.
The workshop team will arrive on Sunday afternoon before the workshop begins. The workshop team will be setting up in the confer-ence room and control room, so classroom seating should be in place prior to their arrival. Sunday will be testing connections and final preparations.
The office (control room) should be provided near the conference area starting Monday morning to hand out Welcome Kits to re-gistered attendees.
The conference rooms should be set up by Monday and used through Thursday. Monday morning will be the opening of workshop.
The approximate opening time will be 8:15 a.m.
All schedules for morning and afternoon breaks will be given to hotel in advance.
The statement of charges will include room rental, internet connectivity and A/V rental.
C.9. Deliverables
Within one (1) business day after the contract award the following shall be provided to the Workshop Coordinator, Steve Aguzin:
1. Floor plans to include proposed layouts with room designations indicated
2. Internet connectivity information and diagrams of connections in conference rooms
The offeror is required to meet the minimum requirements below:
1. The hotel shall be compliant with the Hotel and Motel Fire Safety Act of 1990 15 U.S.C. 2201 et seq, (Public Law 101-391), and must hold a FEMA certification number.
2. The hotel shall be compliant with American with Disabilities Act, 42 U.S.C. Section 12101 et seq. (ADA).
3. The hotel shall have one of the following quality ratings:
(a) First class or higher per the Official Hotel Guide;
(b) Three crowns or higher per the OAG Business Travel Planner;
(c) Three diamonds or higher per AAA; or
(d) Two stars or higher per the Mobile Travel Guide.
4. Following evaluation of the written quotes, if deemed necessary, DOS will schedule site visits at its discre-tion to evaluate the condition, services and location of the proposed facilities. Not all facilities that submit a quote will be inspected. The Government intends to award without site visits; however, the Government re-serves the right to conduct site visits if it’s in the best interest of the Government. Selection will be made on a best value basis, with combined technical factors being of greater importance than price.
5. Condition of facility and level of standard hotel services available will be evaluated.
6. The awardee must be registered in the System for Award Management (SAM) database www.sam.gov.
FORCE MAJEURE
The performance of this contract is subject to Acts of God, war, government regulations, domestic terrorism, disaster, labor disputes, strikes, civil disorder, hurricane, fire, flood, riot, earthquake, curtailment of transportation facilities or any emergency beyond the parties' control, making it illegal or impossible to perform their obligations under this contract.
Section F- Deliveries or Performance
1.3 PERIOD OF PERFORMANCE
This contract shall be effective on the date of the Contracting Officer’s signature and shall remain in effect through September 25, 2015.
1.4 PLACE OF PERFORMANCE
The principal place of performance for this contract shall be:
Fort Lauderdale, Florida
Section G- Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR is [To be determined at time of contract award] .
(End of clause)
1.5 DEPARTMENT OF STATE INVOICE INSTRUCTIONS
Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.
To constitute a proper invoice, the invoice must include the following information and/or attached documentation:
(1) Name and Address of the Contractor
(2) Dun and Brad Street Universal Number System (DUNS)
(3) Date of invoice
(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.
(5) Remittance Contact Information
(6) Shipping Terms, Ship to Address
(7) Payment Terms
(8) Total Quantity of Items
(9) Total Invoice Amount
(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.
(11) Order line item number and information (see below instructions)
The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.
IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:
(1) Description of the services rendered for each line item
(2) Line Item Quantity
(3) Line Item Unit Price
(4) Total Line Item Invoicing Amount
(5) Delivery Date
(6) Contract Line Item Number (CLIN)
(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)
Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.
All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the Central Contractor Registration (CCR) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.
Additional correspondence should be addressed to:
Name:
U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center
Mailing Address:
Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:
Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm
To request Payment Status on a Past Due Invoice contact:
Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free
Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)
1.6 CONTRACT ADMINISTRATION DATA
Contracting Officer: Reaver Clements Contract Administrator: Tracy Robinson Telephone Number: 703-875-4752 Facsimile Number: 703-875-6699 First Class Mailing:
U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219
Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209
Contracting Officer's Representative (COR): [To be determined at time of award]
Telephone Number:
Facsimile Number:
U.S. Department of State:
(end of clause)
Section H- Special Contract Requirements
1.7 NONPAYMENT FOR UNAUTHORIZED WORK
No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.
(end of clause)
1.8 SAFEGUARDING INFORMATION
The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.
(end of clause)
Section I- Contract Clauses
Clause Title
52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)
52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were giv-en in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: http://acquisition.gov/far/index.html; DOSAR: http://statebuy.state.gov
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015)
(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 ac-quisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).
__ (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 Rein-vestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.
C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.
L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the 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]
__ (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.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages--Subcon-tracting 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).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
__ (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 (Aug 2013). (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 com-mercially available off-the-shelf items.)
__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-13.
__ (37)(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.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
__ (42)(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.
__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (44) 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).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
__ (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(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 pro-visions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, 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).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (10) 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 para-graph (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 transac-tions 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 dis-putes 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 Con-tractor 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 (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi)__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten-ance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 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).
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Section K- Representations, Certifications, and Other Statements of Offerors or Respondents
52.209-7 Information Regarding Responsibility Matters (Jul 2013)
(a) Definitions. As used in this provision --
“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a de-termination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This in-cludes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” 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).
(b) The offeror __ has __ does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the follow-ing information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provi-sion, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via ht-tps://www.acquisition.gov. (see 52.204-7).
(End of provision)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
(a) Definitions.
As used in this provision:
'Foreign person' means any person other than a United States person as defined below.
'United States person' means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any per-manent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic con-cern, as provided under the Export Administration Act of 1979, as amended.
(b) Certification.
By submitting this offer, the offeror certifies that it is not:
(1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) pro-hibits a United States person from taking; or,
(2) Discriminating in the award of subcontracts on the basis of religion.
(End of provision)
52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual repres-entations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifica-tions electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision--
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business con-cern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accom-plished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employ-ees.
"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted do-mestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business opera-tions do not include business operations that the person (as that term is defined in Section 2 of the Sudan Ac-countability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Depart-ment of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used spe-cifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-dis-abled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled vet-erans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern un-der the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Veteran-owned small business concern"…
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