SB134117RQ0789 Attachment II Applicable Provisions & Clauses.pdf

SB134117RQ0789

Attachment II – Applicable Provisions and Clauses

APPLICABLE PROVISIONS AND CLAUSES

Solicitation Number SB134117RQ0789

The following provisions and clauses are applicable to the subject solicitation.

FAR 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 https://www.acquisition.gov/?q=browsefar.

52.252-2 CLAUSES INCORPORATED BY REFERENCE

52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (JAN 2017)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JAN

2017)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.209-6 Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6 Notice of Total Small Business Set Aside

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor

52.222-17 Nondisplacement of Qualified Workers

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

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-41 Service Contract Labor Standards

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts)

52.222-50 Combatting Trafficking in Persons

52.222-55 Minimum Wages Under Executive Order

52.222-62 Paid Sick Leave Under Executive Order

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

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

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

https://www.acquisition.gov/?q=browsefar

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

CAR Provisions and Clauses:

Department of Commerce Acquisition Regulation (CAR) clauses.

1352.201-70 CONTRACTING OFFICER’s AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

1352.209-73 COMPLIANCE WITH THE LAWS

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting

Officer” shall be appropriately modified to preserve the Government’s rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor’s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor’s own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the

Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

1352.233-70 AGENCY PROTESTS

(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: HING PAN WONG, 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

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

(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

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

100 BUREAU DRIVE

GAITHERSBURG, MD 20899-0001

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from 09/15/2017 (anticipated) through 09/14/2018

(anticipated) . If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date

Option I 09/15/2018 09/14/2019 (anticipated)

Option II 09/15/2019 09/14/2020 (anticipated)

Option III 09/15/2020 09/14/2021 (anticipated)

Option IV 09/15/2021 09/14/2022 (anticipated)

(c)The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

NIST Provisions and Clauses:

52.232-99 DEV PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS CONTRACTORS

(AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including paragraph (b), in all subcontracts will small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

NIST LOCAL 04 BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following:

(1) Contract Number.

(2) Contractor Name and Address.

(3) Date of Invoice.

(4) Invoice Number.

(5) Amount of Invoice and Cumulative Amount Invoiced to-date.

(6) Contract Line Item Number (CLIN).

(7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services

Delivered.

(8) Prompt Payment Discount Terms, if Offered.

(9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621

NIST LOCAL 33 U.S. DEPARTMENT OF LABOR WAGE DETERMINATION

In accordance with the provisions of FAR 52.222-41, Service Contract Act of 1965, as amended, the U.S.

Department of Labor Wage Determination listed below is attached and will be applicable to performance under this contract/order.

Wage Determination No.: 2015-4269

Date: 02/09/2017

(END OF CLAUSE)