SB1341-15-RQ-0698.pdf

CLASSIFICATION CODE: D – Automatic Data Processing and Telecommunication

TITLE: - Technical Writing/Editing, Cyber Physical Systems and Smart Grid Program

SOLICITATION NUMBER: SB1341-15-RQ-0698

RESPONSE DATE: August 21, 2015, 12:00pm Eastern Time

CONTACT POINTS: Richard Kim, Contract Specialist, (301) 975-6219

Keith Bubar, Contracting Officer, (301) 975-8329

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for professional communications services from a contractor with demonstrated technical knowledge of the fields of physical science (especially energy research), electronics, and information technology, as well as proven ability to translate complex technical materials into engaging Web sites, reports, and other communications products intended for a broad public audience.

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL

ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION

FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION

IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE

AUTHORITY OF FAR 13.5 TEST PROGRAM FOR COMMERCIAL ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83, effective July 2, 2015.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, electronically, to

Richard.kim@nist.gov. Questions must be received no later than 10 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 711510- Independent Artists, Writers and Performers, with a small business size standard of $7.5 Million.

This acquisition is 100% set-aside for small business.

All offerors shall provide a firm-fixed price quotation for the following line items:

Line Item 0001: Base Period- 12 Months

Technical Writing/Editing, Cyber Physical Systems and Smart Grid Program

The contractor shall provide all labor, and materials for Technical Writing/Editing for the Cyber

Physical Systems and Smart Grid Program in accordance with the Statement of Work below.

Line Item 0002: Base Period- Travel costs required for completion of all requirements during the Base Period. (NTE)

Line Item 1001: Option Period 1- 12 Months following the Base Period

Line Item 1002: Option Period 1- Travel costs required for completion of all requirements during the Base Period. (NTE)

Line Item 2001: Option Period 2- 12 Months following Option Period 1

Line Item 2002: Option Period 2- Travel costs required for completion of all requirements during the Base Period. (NTE)

Statement of Work

Technical Writing/Editing

Cyber Physical Systems and Smart Grid Program

1. BACKGROUND

Cyber-physical systems (CPS) can be described as smart systems that encompass computational

(i.e., hardware and software) and physical components, seamlessly integrated and closely interacting to sense and respond to the changing state of the real world. These systems involve a high degree of complexity at numerous spatial and temporal scales and highly networked communications integrating computational and physical components.

In particular, the smart grid is considered an example of a cyber-physical system, one in which

NIST has a mandated role. Under Title XIII, Section 1305 of the Energy Independence and

Security Act (EISA) of 2007, the U. S. Department of Commerce, National Institute of Standards and Technology (NIST) has “primary responsibility to coordinate development of a framework that includes protocols and model standards for information management to achieve interoperability of Smart Grid devices and systems.” This role provides a catalyst for a more timely deployment of a secure and reliable smart grid that upgrades the aging electrical power grid infrastructure.

2. PURPOSE

The NIST Smart Grid and Cyber Physical Systems Program Office coordinates cyber-physical systems development (including smart grid) through various activities outlined in a series of workshop reports and in the EISA 2007 legislation.

Engaging, timely communications with stakeholders for the NIST Cyber-Physical Systems and

Smart Grid program is an essential necessary element for the program to achieve its goals. These stakeholders are extremely diverse and include President Obama, the Secretary of Energy and other senior-level federal officials; state and local electrical power regulators and companies;

elected officials; electronic and IT equipment manufacturers; and consumers.

To ensure that stakeholders are fully informed about the very wide range of activities affecting development of standards and deployment of smart grid infrastructure components, the NIST

Cyber-Physical Systems and Smart Grid program requires professional communications services from a contractor with demonstrated technical knowledge of the fields of physical science

(especially energy research), electronics, and information technology, as well as proven ability to translate complex technical materials into engaging Web sites, reports, and other communications products intended for a broad public audience.

3. GENERAL REQUIREMENTS / SCOPE OF WORK

The Contractor shall provide full-time communications services, including written documents (to be submitted electronically) and advice for managers. The Contractor must be able to attend meetings and read research results which describe smart grid and cyber physical systems as well as related physical sciences, engineering, physics, electronics, energy, computer science, or information technology; and to gather information in the above disciplines and to synthesize them into other written materials. The Contractor shall produce text and accompanying graphics for the Smart Grid Program Website, reports, fact sheets, announcements, newsletter articles, and other written and/or multimedia materials describing the Smart Grid Program and related activities.

The Contractor shall produce all written materials in clear, readable, engaging, and understandable Standard English in a journalistic style appropriate for an audience of college educated laypersons.

The Contractor shall attend weekly meetings at NIST headquarters in Gaithersburg, MD, and travel to selected meetings, including those of the Smart Grid Interoperability Panel (SGIP), which will be held in the United States, but may be on the West Coast, Mid-West, or East Coast.

NIST expects that such meetings will occur between 3-5 times per year.

The Contractor shall not respond to any media inquiries. The Contractor shall immediately relay any/all inquiries from the media to the Contracting Officer’s Representative (COR) and/or

Contracting Officer. The Contractor shall not grant or give interviews, comments, or any other response without the knowledge and approval of the NIST Director of Public Affairs.

4. KEY PERSONNEL

It is estimated that this work will require at least one contractor Key Personnel employee. The

Key Personnel shall have at least five (5) years of experience in journalist writing and editing. It is desirable for the Key Personnel to be familiar with technical details of the NIST Cyber-

Physical Systems and Smart Grid program and the energy, physics, engineering, electronics, computer science disciplines, and have an advanced degree (or equivalent) in physics, chemistry, engineering, or computer science. The Contractor must be able to work with multiple stakeholders and to prioritize workload to meet frequent deadlines.

5. SPECIFIC TASKS

Line Item 0001: Base Period: This contract consists of a Base Period of one year, followed by two separate option periods of one year each. The contractor shall perform the following tasks during each of the contract periods:

a. Develop text and accompanying relevant graphics describing NIST's Smart Grid Program activities for publication on the NIST Website;

b. Provide a minimum of four (4) fact sheets describing specific programs or topics areas related to the Cyber-Physical Systems and Smart Grid that help the Program meet its communications and strategic goals;

c. Provide a minimum of twenty (20) announcements or newsletter articles that describe accomplishments of the Cyber-Physical Systems and Smart Grid Office program, SGIP, or others involved in Cyber-Physical Systems and Smart Grid activities to be provided by

NIST to stakeholders such as policy makers, regulators, standards development organizations, manufacturers or consumers;

d. Serve as the editor for a monthly (approximately) Cyber-Physical Systems and

Smart Grid electronic newsletter (4-6 pages) in conjunction with NIST staff and the SGIP Membership and Marketing Committee;

e. Provide a description of communications plans and tactics keyed to the Cyber-Physical

Systems and Smart Grid Program's major strategic goals;

f. Provide editing for short reports or correspondence on an occasional, as-needed basis;

g. Attend weekly meetings (approximately 1 1/2 hours) of the Cyber-Physical Systems and

Smart Grid Office program at NIST in Gaithersburg, MD. These can be done via teleconference;

h. Attend selected meetings of the SGIP or other related meetings, to gather information to be included in fact sheets, newsletter items, and other materials;

i. Provide at least three (3) ghost written magazine articles, op-eds, speeches or other materials for the NIST National Smart Grid Coordinator that help achieve Smart Grid

Program communications goals; and

j. Provide phone communications advice, on an as-needed basis, pertaining to current and/or upcoming projects for Cyber-Physical Systems and Smart Grid Program managers designed to help the program meet its strategic goals. These iterations shall be summarized in a monthly report.

Line Item 0002 – Travel in Support of Line Item 0001 (NTE)

Line Item 1001 - Option Period 1. Additional 12 month service period during which the

Contractor shall meet the same requirements as specified for the Base Period.

Line Item 1002 – Travel in Support of Line Item 1001 (NTE)

Line Item 2001 - Option Period 2. Additional 12 month service period beyond the Option 1 period of performance during which the Contractor shall meet the same requirements as specified for the Base Period.

Line Item 2002 – Travel in Support of Line Item 2001 (NTE)

6. DELIVERABLES AND DELIVERABLE DATES

Standards for Acceptance of Deliverables: The COR will provide comments on each deliverable within 5 calendars days from receipt of a given deliverable. The Contractor shall make any needed changes to the deliverables within 5 calendar days from receipt of electronic or written comments from the COR.

Deliverable Due Date

1 Text and relevant graphics for the Cyber-

Physical Systems and Smart Grid website

(Section 5.a)

Dates mutually agreed upon by the

Contractor and the COR.

2 Fact sheets (Section 5.b) Dates mutually agreed upon by the

Contractor and the COR.

3 Announcements or newsletter (Section 5.c) Dates mutually agreed upon by the

Contractor and the COR.

4 Edit a Quarterly newsletter (Section 5.d) Quarterly - Dates mutually agreed upon by the Contractor and the COR.

5 Descriptions of communications plans and tactics (Section 5.e)

Dates mutually agreed upon by the

Contractor and the COR.

6 Editing for short reports (Section 5.f) Occasional, as needed basis. Dates mutually agreed upon by the Contractor and the COR.

7 Attend selected Meetings of the SGIP to gather information or other relevant meetings (Section 5.h)

Dates/locations to be determined.

8 Ghost written magazine articles, op-eds, speeches or other materials (Section 5.i)

Dates mutually agreed upon by the

Contractor and the COR.

9 Summarize communications advice in a monthly report (Section 5.j)

Due by the fifth day of the next month.

7. PERFORMANCE

a. Period of Performance

Base Period: 01 October 2015 - 30 September 2016

Option Period 1 01 October 2016 - 30 September 2017

Option Period 2 01 October 2017 - 30 September 2018

b. Place of Performance

Performance shall be at the Contractor's facility, with the requirement to attend weekly meetings which will be held on site at NIST, 100 Bureau Drive, Gaithersburg, MD

20899. The Contractor can call into the meetings remotely.

Additionally, the locations for required travel for attendance at the SGIP meetings or other appropriate events will be determined and coordinated between the NIST COR and the Contractor.

8. PERFORMANCE REQUIREMENTS SUMMARY

All materials prepared by the Contractor will be reviewed by the designated experts within the

NIST Cyber-Physical Systems and Smart Grid program as appropriate. Acceptable quality will include the following measures:

a. No more than 10 percent of the written product shall be deemed factually inaccurate by subject matters experts reviewing the text;

b. No more than one rewrite is required to meet the agreed to style, format requirements, flow, and readability required for the NIST Web site, Cyber-Physical Systems and

Smart Grid newsletter or other specific formats.

Performance will be monitored by the assigned Cyber-Physical Systems and Smart Grid Program

COR to ensure that acceptable levels of writing quality as described above have been achieved.

9. TRAVEL (Line Items 0002, 1002, & 2002)

Travel costs will be paid in accordance with Federal Travel Regulation (FTR) to attend selected meetings of the SGIP or other meetings important to the Cyber-Physical Systems and Smart Grid effort as determined by the Cyber-Physical Systems and Smart Grid Program COR. Costs for travel to the NIST headquarters will not be paid by the Government.

Travel shall be conducted, and be reimbursed in accordance with the FTR, and shall not exceed the maximum per diem rate (meals and lodging), and transportation costs, for the travel locale, in effect at the time of travel.

10. GOVERNMENT FURNISHED PROPERTY, DATA, AND/OR INFORMATION

The contractor shall attend Cyber-Physical Systems and Smart Grid Program meetings at NIST headquarters in Gaithersburg, MD at least once a week, but will be able to telecommute for most of the work week. The ability to call into these meetings can be allowed, but it will be expected that the contractor attend at least four of these meetings at the NIST headquarters.

The contractor shall provide their own office supplies, phone service, writing software, computer/laptop and other support equipment or tools required.

All property, data and information provided by the Government in the performance of this task remains the property of the Government and shall be surrendered to the government upon completion or termination of this requirement. Likewise, all deliverables generated under this requirement remain the property of the Government. All written material produced under this contract become the property of the U.S. Government and as such will be in the public domain.

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://farsite.hill.af.mil/. All Commerce

Acquisition Regulation provisions and clauses can be found in full text at http://www.osec.doc.gov/oam/acquistion_management/policy/.

Provisions

52.212-1, Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items.

If paragraph (j) of the provision is applicable, a written submission is required.

Clauses http://farsite.hill.af.mil/ http://www.osec.doc.gov/oam/acquistion_management/policy/

52.212-4 Contract Terms and Conditions—Commercial Items

1352.201-70 Contracting Officer’s Authority

1352.209-73 Compliance with the Laws

1352.209-74 Organizational Conflict of Interest

1352.239-70 Software License Addendum

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (APR 2010)-- including subparagraphs:

52.203-6 ALT I Restrictions on Subcontractor Sales to the Government

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

52.209-6, Protecting the Government’s Interest when subcontracting with

Contractor’s Debarred, Suspended or proposed for Debarment

52.219-6, Notice of Total Small Business Set-Aside

52.219-8, Utilization of Small Business Concerns

52.219-13, Notice of Set-Aside of Orders

52.219-14, Limitations on Subcontracting

52.219-28, Post Award Small Business Program Representation 52.222-3, Convict Labor

52.222-19, Child Labor – Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-37, Employment Reports on Veterans

52.222-40, Notification of Employee Rights Under the National Labor Relations

Act

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer-System for Award

Management

INSTRUCTIONS:

System For Award Management

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award

Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m.

Eastern Time on August 21, 2015. FAX and hard-copy quotations shall not be accepted.

E-mail quotations shall be accepted at Richard.kim@nist.gov. Offerors’ quotations shall http://www.sam.gov/ not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 45 days from the date quotations are due.

2) Technical Quotation: The technical quotation shall address the following:

Technical Capability: Submit a resume for candidate, for each of the key personnel who will provide service, demonstrating they meet the minimum qualifications for the key personnel described in the SOW.

The Offeror shall provide a written, detailed Technical and Management Approach for how it proposes to satisfy the requirements of the SOW. The detailed technical approach shall demonstrate the offeror's understanding and familiarity with the work required. The offeror shall include a minimum of three writing samples. The writing samples shall demonstrate experience writing about research results in the physical sciences, electrical engineering, and information technology in an engaging journalistic style for lay readers; The written samples shall represent interesting text that is well organized, clear, easy to read, concise and appropriate for a given format.

3) Experience: The offeror shall demonstrate the extent to which it has recently provided similar services.

4) Past Performance: The offeror shall provide past performance information regarding relevant contracts over the past five (5) years with Federal, state, or local governments, or commercial customers. If the offeror intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the offeror has no relevant past performance, it may include a statement to that effect in its quotation. The government reserves the right to consider data obtained from sources other than those described by the offeror in its quotation. It is recommended that approximately 3-5 contracts be referenced.

The description of each contract/order described in this section shall not exceed one half page in length. For each contract/order, the offeror shall provide the following information:

1. Contract number;

2. Description and relevance to solicitation requirements including dollar value;

3. Period of Performance – indicate by month and year the state and completion (or “ongoing”) dates for the contract;

4. Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

5. Contracting Office – If a Government contract (Federal or state), identify the Procuring

Contracting Officer (PCO), administrative Contracting Officer (ACO), and Contracting

Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

6. Problems Encountered – include information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

Acceptance of Terms and Conditions: This is a solicitation for the items as defined herein.

The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s)

QUOTATION EVALUATION:

Evaluation Factors

Basis for Award and Evaluation Criteria: Best Value. Award shall be made to the offeror whose quotation offers the best value to the Government price and other factors considered. The

Government will evaluate quotations based on the following evaluation criteria: 1) Technical

Capability, 2) Experience, 3) Past Performance, and 4) Price. The three (3) non-price factors are considered to be equal in importance. All non-price factors, when combined, are more important than price. Offerors will be evaluated based on the following criteria:

Technical Capability: Evaluation of technical capability will be based on the information provided in the quotation. NIST will evaluate the extent to which the offeror has demonstrated that its key personnel, technical and management approaches meet all minimum requirements identified in the SOW, and the extent to which they instill confidence in successful completion of all tasks described in the SOW. NIST will evaluate the extent of the Offeror’s ability to write about research results in the physical sciences, electrical engineering, and information technology in a journalistic style for lay readers, through the evaluation of resumes and writing samples provided by the Offeror.

Experience: The Government will evaluate the extent to which the Offeror has demonstrated previous experience relevant to the work described in this SOW.

Past Performance: The evaluation of past performance is separate and different from the evaluation of the Offeror’s Experience. The Government’s evaluation will be a subjective assessment based on the past performance information obtained independently by the Government from a variety of public or private sources.

The Government will consider the relevance of the Offeror’s previous contracts/orders to the subject requirement, and the Offeror’s performance on the previous contracts/orders.

NOTE – If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will not be evaluated favorably or unfavorably on this factor; however, an offeror without a history of relevant experience may receive a lowered rating for the Experience Factor.

Price: The Government will evaluate price for reasonableness.

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and further

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated

(or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) [To Be Determined] is hereby designated as the Contracting Officer's Representative (COR).

The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

[To Be Determined]

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting

Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

1352.227-70 Rights in data, assignment of copyright (APR 2010)

In accordance with 48 CFR 52.227–17, Rights in Data—Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of

Commerce.

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 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: KEITH BUBAR, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of Clause)

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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

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

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

(2) The Offeror represents that, as of the date of this offer -

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

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

(End of provision)

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND

FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than

90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the

Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal

Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND

FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than

90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the

Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal

Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________