Evaluation_System_OED_solicitation_final_08132013_post_fedbizops.docx

PART I – SUPPLIES OR SERVICES AND PRICES/COSTS

1. SERVICES

The Contractor shall provide services necessary to design robust evaluation frameworks for SBA’s business assistance programs. The Contractor shall also provide services to apply the evaluation framework to Office of Entrepreneurial Development (OED) initiatives, and measure and benchmark the outcomes and impacts of services provided to the initiative participants.

1. CONTRACT DEFINITION – INDEFINITE DELIVERY – INDEFINITE QUANTITY

This is an Indefinite Delivery - Indefinite Quantity Contract as defined at Subpart 16.504 of the Federal Acquisition Regulation (FAR), FAR Clause 52.216-22, Indefinite-Quantity. Services provided by the Contractor under this Contract shall be secured by the issuance of Task Orders placed in accordance with the following clauses: FAR 52.216-18, Ordering, and FAR 52.216-19, Ordering Limitations.

2. MINIMUM AND MAXIMUM QUANTITIES AND AMOUNTS FOR ORDER

The minimum quantity and/or amount to be ordered under this contract shall not be less than the minimum quantity and/or amount shown in the following table. The maximum quantity and/or amount to be ordered under this contract shall not exceed the maximum quantity and/or amount shown in the table. THE MINIMUM AND MAXIMUM AMOUNT IS FOR THE LIFE OF THE CONTRACT which covers the base year and all options exercised.

3. Task orders will be issued on a fixed price basis, utilizing fixed labor categories and labor hour rates as proposed at the IDIQ base contract. Upon receipt of a request for a quotation, the Contractor shall provide a proposal of costs to be incurred, including direct labor and other direct costs. The Contractor agrees that, unless otherwise specified in the request for quote, reimbursable travel will be paid based upon Federal travel regulations in place at the time the travel takes place and will not have any fee added to it. The rates to be used in submitting pricing quotations shall be actual rates; burdened rates are not acceptable. Burden pools such as labor overhead (including fringe benefits) and general & administrative (G&A) expenses shall be based on the Contractor’s actual rates.

4. PERIOD OF PERFORMANCE BASE CONTRACT

The period of performance for this contract is one, one-year base period and four, one-year option periods.

Base period will begin on the date of award and completed twelve months after the date of award.

Option period 1 (1 year) Option period 2 (1 year) Option period 3 (1 year) Option period 4 (1 year)

PART II. IDIQ PRICING SCHEDULE

5. PRICE SCHEDULE

As total compensation for all services performed in accordance with the terms, conditions, and specifications stated herein, the contractor will be paid according to the prices listed below under paragraph 6.1 as negotiated as a fixed price on all Task Orders issued:

6. LABOR RATES

6.1. The Contractor shall perform negotiated task orders under this contract using the labor categories and rates listed below. Each Labor category must list a corresponding Task from the PWS that it is associated with and the percentage of the price increase per option year, if applicable.

NOTE: All labor rates submitted with the IDIQ task will be incorporated into this section upon award and shall be valid for the base period of the contract. Additional labor rates not included at the time of initial award but that are used in a task order shall be valid for the rest of that performance period and will be added to the contract prior to, or at the same time as, exercising the next option period.

PART III – PERFORMANCE WORK STATEMENT

7. Introduction/Background:

The Small Business Administration (SBA) was created in 1953 to aid, counsel, assist and protect the interests of small businesses and help families and businesses recover from physical disasters. A key function within the agency is providing technical assistance in the form of business counseling, training and other special initiatives. The Office of Entrepreneurial Development’s (OED) houses three program offices, the Office of Women’s Business Ownership, Office of Entrepreneurship Education and Office of Small Business Development Centers and an additional office for Clusters and special initiatives. These programs and initiatives offer information, education, training, counseling and technical assistance either directly at a service location or electronically through various internet sites developed or facilitated by SBA. Each year, OED programs serve over a million small business clients. The principal business assistance programs are designed and delivered by the following SBA service providers:

OED must continuously manage performance of all its programs and initiatives. OED wants a robust methodology to best evaluate the outcomes our clients achieve as a measurable result of the services OED provides through these initiatives.

8. OBJECTIVE

· To design a robust evaluation framework for SBA entrepreneurial development programs that allows measurement and benchmarking of outcomes and impacts of services provided to participants.

· To provide evaluation support in measuring outcomes and impacts of SBA business assistance initiatives.

9. DEFINITIONS AND ABBREVIATIONS

9.1 DEFINITIONS

9.1.1. BUSINESS DAY – Any day other than a Saturday, a Sunday, a Federal holiday or other day on which the Federal Government, by law, or executive order, is closed.

9.1.2. CONTRACTING OFFICER - The Government official responsible for the execution and administration of contracts on behalf of the Government.

9.1.3. DAY – means calendar day unless stated otherwise.

9.1.4. DELIVERABLES - If a deliverable date falls on a weekend or Federally recognized holiday, the due date shall be the next business day.

9.1.5. QUARTER – A quarter will be defined as the first of January through the end of March, first of April through the end of June, first of July through the end of September, and first of October through the end of December.

9.2 ABBREVIATIONS

9.2.1. CO – Contracting Officer

9.2.2. CLIN – Contract Line Item Number

9.2.3. CPARS – Contractor Performance Review System

9.2.4. COR – Contract Technical Monitor

9.2.5. MWP – Management Work Plan

9.2.6. OED - The Office of Entrepreneurial Development

9.2.7. PWS – Performance Work Statement

9.2.8. QCP – Quality Control Plan

10. GOVERNMENT FURNISHED ITEMS

The COR will provide access to information that describes the OED programs and initiatives.

The COR will provide documented program goals of OED initiatives and progress reports towards meeting program goals.

11. CONTRACTOR FURNISHED ITEMS AND SERVICES

11.1 The contractor shall furnish the necessary personnel, materials, services, equipment, facilities, shall maintain facilities, equipment and personnel so that the performance of this Contract is not impaired or delayed, and shall otherwise do all things necessary for, or incidental to, the performance of the tasks set forth in this Contract.

11.2. The contractor shall appoint a Main Point of Contact and an Alternate Point of Contact. The Alternate Point of Contact shall be capable of assuming the role of the Main Point of Contact without delays due to any lack of knowledge/information, which could reduce the level of efficiency necessary to ensure task order performance. NOTE: The Main Point of Contact and the Alternate Point of Contact SHALL be employees of the contractor and cannot be employees of a subcontractor or consultant.

12. 36 CFR § 1194.31, U.S. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD (ACCESS BOARD) STANDARDS AS RELATED TO CONTRACT DELIVERABLES.

Unless otherwise specified, all deliverables under this requirement shall comply with 36 CFR § 1194.31, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard – Functional Performance Criteria and 36 CFR § 1194.22, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard Web-based Intranet and Internet Information and Applications and 36 CFR § 1194.41, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) Standard – Information, Documentation and Support under the authority of Section 508 of the Rehabilitation Act Amendment of 1998.

13. PROJECT MANAGEMENT

13.1. Post Award Conference

The contractor shall participate in a Post Award Conference either in person at the SBA Headquarters Office located at 409 Third Street, S.W., Washington, D.C. 20416, or via teleconference. The Contracting Officer or designee will notify the Contractor of the date and time of the Conference.

13.2. Quality Control Plan (QCP)

The contractor shall develop, implement, and execute a detailed Quality Control Plan (QCP) for oversight of the IDIQ and all subsequent Task Orders that provides for inspection of all services and deliverables to verify conformance to acceptability standards specified in the task order. The contractor shall submit a ‘to the COR and the Contracting Officer (CO), via an e-mail attachment, not later than 10 days after the Post Award Conference. The QCP is considered a “living document” and, as such, shall be revised by the contractor as its conditions change. The QCP shall include provisions for responding to and incorporating technical direction and comments from the COR descriptions of the techniques to be employed for producing and validating services and deliverables conforming to the acceptable quality standards in the task order; and a description on the “checks and balances” that shall be used to ensure the government receives quality services.

13.3. Management Work Plan (MWP)

The contractor shall provide a “draft” MWP of the IDIQ and all subsequent Task Orders with their proposal as directed in paragraph 35.1, And not later than 10 days after the Post Award Conference, the contractor shall deliver for the review and approval of the COR, a revised draft MWP that describes the implementation of the performance work statement for each specific Task Order. The MWP shall include a project timeline including start and completion dates, and other key deadlines by task. It shall include a comprehensive narrative detailing the anticipated flow of work tasks and activities, how each task will be accomplished, and how contractor staff and resources will be allocated. The MWP shall be detailed sufficiently to be useful in measuring the progress of the work. Upon the request of the CO, COR, the contractor shall agree to deliver any changes to the MWP not later than 10 days after issuance of the request. The COR will review the draft MWP, and the COR will provide the contractor with comments, via email, not later than 10 days after receipt of the draft MWP. The MWP shall be updated as necessary, to reflect the changes. The contractor shall deliver the final MWP via email to the COR and the CO not later than five days after receipt of the comments.

13.4 Confidential or Sensitive Information

The work to be performed and data released to the Contractor’s designated key personnel shall be treated as sensitive in nature and is not to be discussed with or released to anyone except Government employees assigned to the project and other Contractor personnel working on the project. The Contractor is responsible for having all its employees working under this contract, whom access to privileged information under this contract, to execute all Certifications required by the SBA under this contract. The SBA, as it deems appropriate, may require additional certifications be completed by the contractor at any time during contract or task order performance.

Additionally, any information contained in the solicitation or the work papers related to examination of conditions, reports prepared by, on behalf of, or for the use of the contractor shall not be disclosed to the public, including your clients or customers.

14. PERFORMANCE WORK STATEMENT

The Contractor shall:

· Design an overarching program evaluation architecture and framework across all OED initiatives.

· Create new and/or clarify existing measures and metrics to track performance and express economic activity supported by OED’s programs.

· Develop surveys and client follow-up methods to capture outcomes of OED’s business assistance programs.

· Conduct multiple assessments and impact studies of OED business assistance initiatives.

· At the direction of SBA, manage and facilitate meetings and discussion with OED service providers regarding evaluation of outcomes.

14.1. RANGE OF SERVICES / RANGE OF TASKS

14.1.1. Task 1: Evaluation Architecture

The purpose of this task is to analyze the purpose of the business assistance services provided by SBA programs and design an evaluation architecture that assists the SBA with understanding how these services collectively and/or alone produce business outcomes and economic activity. The contractor may perform any or all of the following items as identified in the task order:

14.1.1.1. Recommend a set of research topics that the evaluation framework can support with respect to business services delivered. The following are examples of the types of topics that could be included:

· Have members of historically underrepresented and excluded communities benefited from OED initiatives?

· Is there a correlation between the demographic, financial and business profile of those participating in OED initiatives and their view of its usefulness?

· Is there a positive correlation between OED initiatives and the participant’s perception of the usefulness and value of those initiatives?

· Is there a positive correlation between OED initiatives and the participant’s decision to implement and/or change management practices within their business?

· Is there a positive relationship between OED initiatives and the participant’s business having a positive economic impact [i.e., jobs created and retained, increase in gross sales]?

· Can a causal correlation between business assistance program and business creation and subsequent economic performance of assisted firms be established?

· Are the results of the economic impacts sustained by participants comparable to generally accepted economic measures [e.g., publicly accepted financial database or GDP comparison]?

· Based on past data of those clients who participated and responded from OED initiatives what business and economic impact cumulative trends or observations are evident based on review of all qualitative and quantitative data?

· What services and activities contribute to small business success in a cluster? Do different approaches to providing assistance and service affect small business success?

· What is the value-added provided by the cluster model to small business?

· Do the service and assistance needs differ for small businesses and workforces because of geography (for example urban, suburban and rural clusters) or level of technology?

· Is a cross federal agency collaborative funding approach effective in increasing sustained capacity of cluster organizations?

· Does cluster funding result in demonstrable economic development?

14.1.1.5. Deliverables

In accordance with the terms specified in the task order, the contractor must deliver the following:

14.1.1.5.1. An overarching evaluation framework that can capture business outcomes across indicated OED programs. Framework should illustrate how various data collection methods will be incorporated and how each support an integrated outcomes analysis. Data collection methods might include but are not limited to a third party country wide web-based survey of clients that received services, follow-up information conducted by service provider of clients after service and/or data metrics collected during a client visit. The framework will be replicable by SBA for future evaluations of the OED initiatives and prepare a report to accompany the framework that will explain to OED personnel how to use and apply the framework.

14.1.2 Task 2: Survey/Poll Design and Storage

The purpose of this task is to design a surveying, polling method and/or interview protocols consistent with the evaluation architecture responses and develop and store the responses in a database.

14.1.2.1. Create surveys and/or interview protocols that support data collection across indicated OED initiatives and/or for a single initiative.

14.1.2.2. Assist SBA in creating an OMB Paperwork Reduction Act Clearance Package necessary to support survey deployment and be available for consultation regarding the OMB PRA clearance package, if necessary.

14.1.2.3. Design or adopt an off the shelf data collection system for survey results.

14.1.2.4. Deploy survey instrument and/or interview protocols.

14.1.2.5. Deliverables

In accordance with the terms specified in the task order, the contractor may be required to deliver the following:

14.1.2.5.1. Complete Survey instruments with supporting instruction on survey deployment and how respondent is to respond to survey.

14.1.2.5.2. Provide input on the SBA OMB Paperwork Reduction Act clearance package with all necessary forms and supporting documentation in support of survey instruments.

14.1.3. Task 3: Data Collection, Analysis and Evaluation Report

14.1.3.1 . Collect results of survey/interview and record data in database.

14.1.3.2 . Perform various types and levels of statistical analyses on all data including trend analysis and benchmarking.

14.1.3.2. Deliverables

In accordance with the terms specified in the task order, the contractor may be required to deliver the following:

14.1.3.2.1. Statistical Analysis of data sets.

14.1.3.2.2. Benchmarking of program outcomes against other outcomes within the general population.

14.1.3.2.3. Written evaluation report detailing the economic impact along with the attitudinal and managerial implications of OED initiatives

14.1.3.2.4. Provide detailed written and/or oral briefings on key findings from analyses.

14.1.3.2.5. Electronic data set of survey responses.

14.1.4. Task 4: Best Practices of service providers

14.1.4.1. Collection of lessons learned from service providers that may be used to adjust the current initiatives

14.1.4.2. Best practice identification across the indicated OED initiatives

14.1.4.3. Best practice identification of practitioners delivering similar programs and/or new innovative programs of entrepreneurship and business development.

14.1.4.4. Deliverables

In accordance with the terms specified in the task order, the contractor may be required to deliver the following:

14.1.4.4.1. Lessons learned or best practice guide.

14.1.4.4.2. Provide detailed written and/or oral briefings on key findings from analyses.

14.1.5. Task 5: Analysis Support

14.1.5.1. Provide support consulting services for activities related to fostering a collaborative coordinated approach to collection and use of outcomes data and analysis methods of outcomes data across indicated OED initiatives. This work shall be completed in support of the Contractor’s effort to create an effective evaluation roadmap.

14.1.5.2. Facilitate collaborative meetings between SBA, OED’s service providers and other government agencies.

14.1.5.3. Participate in SBA and stakeholder meetings, review documentation of data comparability assessments, providing guidance to the OED in methodology, metrics, measurements, and data standards

14.1.5.4. Provide assistance in stakeholder facilitation and communications.

14.1.5.5. Review service provider organizations’ reports and compare service providers required deliverable to actual accomplishments as documented in reports. Perform follow up as needed.

14.1.5.6. Deliverables

In accordance with the terms specified in the task order, the contractor may be required to deliver the following:

14.1.5.6.1. Provide meeting notes and document other interactions as needed.

14.1.5.6.2. Provide detailed written and/or oral briefings on key findings from review of service provider accomplishments.

14.1.5.6.3. Provide detailed written and/or oral briefings on key findings from analysis of collaborative coordinated approach to collection and use of outcomes data.

15. DELIVERABLES – TASK ORDER

15.1. Monthly Reporting - PER TASK ORDER

The Contractor shall submit monthly status reports to the COR no later than the 15th day after the end of the previous month. These reports shall consist of a narrative report that depicts actual progress against planned progress. The COR will reply as needed no later than 10 days after receipt of the monthly status reports as to any additional information or requests she/he must have for her/his own documentation policies. The reports shall clearly reflect the contract deliverables, and the submission dates compared to the contract due dates for the month reported.

15.2. Annual Reporting –PER TASK ORDER

At the end of the base term or option period (if applicable), the contractor will provide a detailed report on the extent to which it provided all of the services proposed including activities completed and outcomes from those activities, as well as any activities not completed with explanations. This report will highlight accomplishments and outcomes per task order.

16. Place of Performance

The government anticipates that the majority of the work will be completed at the contractor’s site.

17. No Inherently Governmental Functions Identification and Execution of Inherently Governmental Functions: This requirement contemplates execution of no ‘inherently governmental,’ functions by the contractor. All final actions involving policy, day-to-day programmatic management, and day-to-day financial management shall be executed by Federal employees of SBA’s Office of Entrepreneurial Development.

18. CONTRACT DELIVERABLE REQUIREMENTS LIST (CDRL) – Base Contract and Task Orders

CDR#

IDIQ/Task Order Level 1st Draft – with Proposal Task Order level Draft 10 days after post award Final – 5 days after comments

COR, CO

IDIQ/Task Order Level 1st Draft – with Proposal Final – 10 days after post award of the IDIQ or TO

COR, CO

19. PERFORMANCE ASSESSMENT

19.1. Periodic Evaluation

The COR will monitor customer satisfaction with the Contractor’s performance through review of overall performance. SBA reserves all rights and remedies under the provisions and clauses of the contract when performance of any contract requirement is unacceptable.

19.2. Final Evaluation

19.3. PERFORMANCE-BASED CONTRACT ADMINISTRATION

Task Three – Contractor shall provide the Statistical Analysis of data sets, Benchmarking of program outcomes against other outcomes within the general population and Written evaluation report detailing the economic impact along with the attitudinal and managerial implications of OED initiatives

Performance Standards at a minimum on all Task Orders are listed above but may be further defined at the Task Order Level. It should be noted that the contract DOES NOT have incentives and disincentives.

20. CONTRACTOR EMPLOYEES – WAGES / SECURITY / DATA OWNERSHIP

20.1. The Contract Service Act of 1965 applies to this Contract, and contractor employees shall be compensated accordingly. Services Wage Determination will be provided at time of award pending awardee’s location.

20.2. Data generated by this contract may not be disclosed to a third-party without SBA’s prior written consent. All data and reports generated by this contract are owned by the SBA and may be used by the SBA without restriction.

PART IV – FAR CLAUSES

21. FAR CLAUSES

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (FEB 2012)

(a) Definitions. As used in this provision--

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination 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 includes 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 following 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 provision, 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 Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (FEB 2012)

52.212-2 EVALUATION - COMMERCIAL ITEMS. (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other fact considered.

Your proposal will be evaluated based on your Draft Quality Control plan, Draft Management Plan, the Technical Approach as it pertains to Task Order One, that is included in your Technical Proposal, detailing how the work will be performed, and the Price Proposal.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (FEB 2012)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (NOV 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

x Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.

x(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ](3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

x(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5).

x(6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

x(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313).

[x ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](11) (Reserved) x(12)(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).

[ ](13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

x(14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (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 (JUL 2010) of 52.219-9.

[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

x(17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

x(23) 52.219-28, Post Award Small Business Program Representation (APR 2012) (15 U.S.C. 632(a)(2)).

[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

x(26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

x(27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126).

x(28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

x(29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

x(30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

x(31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

x(32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

x(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

x(34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

x(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). (E.O. 13513).

[ ](39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ](40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.

[ ](iii) Alternate II (MAR 2012) of 52.225-3.

[ ](iv) Alternate III (NOV 2012) of 52.225-3.

[ ](41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x(42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ](45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

x(47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ](48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[ ](ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

x(1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). Wage Determination x(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

x(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[X ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) (Reserved)

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

52.216-1 TYPE OF CONTRACT. (APR 1984)

The Government contemplates a fixed price IDIQ Contract from this solicitation (based on fixed labor rates).

52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the amount of the award dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is the amount of the award dollars.

52.222-49 SERVICE CONTRACT ACT- PLACE OF PERFORMANCE UNKNOWN (

52.222-50 COMBATING TRAFFICKING IN PERSONS. (FEB 2009)

52.227-14 RIGHTS IN DATA--GENERAL. (DEC 2007)

52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987)

52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)

52.239-1 PRIVACY OR SECURITY SAFEGUARDS. (AUG 1996)

52.216-18-ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued;- TO BE COMPLETED AT TIME OF AWARD Base – Option Period 1 – Option Period 2 – Option Period 3 – Option Period 4 –

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19-ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000,000;

(2) Any order for a combination of items in excess of $5,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 -INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this…