RFQ_-_SFSIAQ13Q0001_SPAS_-_AS.pdf

SOLICITATION/CONTRACT/ORDER FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

103102332065

5. SOLICITATION NUMBER

SFSIAQ13Q0001

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/05/2012

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Glenn A. Kowallis

b. TELEPHONE NUMBER (No collect calls) 703-302-6804

c. EMAIL kowallisg@state.gov

8. OFFER DUE DATE / LOCAL

TIME

11/30/2012 15:00:00

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY

UNRESTRICTED

X SET ASIDE: 100 % FOR

X SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A)

NAICS: 611430

SIZE STANDARD:

$7 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITYCODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR FSIBUCODE18a. PAYMENT WILL BE MADE BY

BUDGET OFC (FSI/EX/BUD)

FOREIGN SERVICE INSTITUTE

BUDGET & MANAGEMENT OFFICE

WASHINGTON, DC 20520-4201

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN__4__COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Glenn A. Kowallis 31c. DATE SIGNED

11/05/2012

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 10/2010)

Prescribed by GSA - FAR (48 CFR) 53.212

SFSIAQ13Q0001

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 10/2010) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Supplies or Services and Prices

C Descriptions/Specifications/Statement of Work C.1 Statement of Work

E Inspection and Acceptance E Inspection and Acceptance

F Deliveries or Performance F Performance

G Contract Administration Data G Contract Administration Data

H Special Contract Requirements H Requirements

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE

PROCEDURES (MAY 2011)

I Contract Clauses 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 (Feb 2012) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.212-3 Offer Representations and Certifications--Commercial Items (Feb 2012)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.212-1 Instructions to Offerors--Commercial Items (Feb 2012) L Instructions 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.1 Evaluation Factors 52.212-2 Evaluation - Commercial Items (Jan 1999)

001 Course Code AR530, Brazil Advanced Area Studies Course Chair

Base Year

0.00 EA

Doc Ref No: 103102332065 Delivery Date (Start to End) Date FOB:

01/01/2013 to 12/31/2013 Destination

002 Course Code AR530, Brazil Advanced Area Studies Course Chair

Option Year 1

0.00 EA

Doc Ref No: 103102332065 Delivery Date (Start to End) Date FOB:

01/01/2014 to 12/31/2014 Destination

003 Course Code AR530, Brazil Advanced Area Studies Course Chair

Option Year 2

0.00 EA

Doc Ref No: 103102332065 Delivery Date (Start to End) Date FOB:

01/01/2015 to 12/31/2015 Destination

004 Course Code AR530, Brazil Advanced Area Studies Course Chair

Option Year 3

0.00 EA

Doc Ref No: 103102332065 Delivery Date (Start to End) Date FOB:

01/01/2016 to 12/31/2016 Destination

005 Course Code AR530, Brazil Advanced Area Studies Course Chair

Option Year 4

0.00 EA

Doc Ref No: 103102332065 Delivery Date (Start to End) Date FOB:

01/01/2017 to 12/31/2017 Destination

B.1 Supplies or Services and Prices

Section B – Supplies or Services, and Prices/Costs B. 1. The Foreign Service Institute, Department of State, anticipates the award of a

Blanket Purchase Agreement (BPA), which establishes the terms and conditions applicable to future purchases and orders.

B. 2. The services shall be performed in accordance with Section C –Description, Specifications, and Statement of Work and as further described elsewhere in this document.

B.3 Contractor shall provide a PER SESSION fully loaded, firm fixed rate as outlined.

Brazil Advanced Area Studies Course (On or about)

CLIN 001 Base Year: $__________ per session January 1, 2013 – December 31, 2013

CLIN 002 Option Year 1: $__________ per session January 1, 2014 – December 31, 2014

SFSIAQ13Q0001

Line Item Summary

Solicitation Number:

SFSIAQ13Q0001

Contract Number: Title: Solicitation for Brazil Course Chair (SPAS/AS)

Date of Solicitation:

11/05/2012

Line Item No. Description Quantity Unit Unit Price Total Cost

CLIN 003 Option Year 2: $__________ per session January 1, 2015 – December 31, 2015

CLIN 004 Option Year 3: $__________ per session January 1, 2016 – December 31, 2016

CLIN 005 Option Year 4: $__________ per session January 1, 2017 – December 31, 2017

Section C - Descriptions/Specifications/Statement of Work

C.1 Statement of Work

Statement of Work

AR530 Brazil Advanced Area Studies:

1.0 INTRODUCTION

The Department of State's National Foreign Affairs Training Center, Foreign Service Institute (FSI) provides training and professional development to personnel of the Department of State and the Foreign Service community. The mission of the Area Studies Division of the School of Professional and Area Studies (SPAS) at the Foreign Service Institute (FSI) is to provide members of the foreign affairs community with the essential knowledge of the country or region in which they work in order that they may advance the foreign policy objectives of the United States of America.

Area Studies is committed to enhancing the capacity of United States Government personnel to understand, interpret, and affect international relations. We believe that the functional, linguistic and cross-cultural skills of the foreign affairs practitioner must be fully integrated into knowledge of the social, political, cultural, economic, religious, and government policy dimensions of foreign countries and regions.

2.0 BACKGROUND

The FSI/SPAS/Area Studies Division's courses cover history, politics, economics, religion and culture, with an emphasis on relevant global issues and United States interests and challenges. We established a Blanket Purchase Agreement (BPA) to establish a community of contractors to teach a variety of Area Studies courses.

This purpose of this BPA is to establish multiple award BPA agreements. This BPA is not for United States Government Civil Service jobs. Performance of these services will occur only as authorized by specific task orders detailing dates, tasks, and schedules.

There is no specific commitment by either party, until dates, tasks, and schedules are mutually negotiated by individual order.

Orders will be issued under this BPA based upon the government's need and according to FSI's determination of what is most advantageous to the US Government (USG).

3.0 REQUIREMENTS

The Foreign Service Institute is seeking contractors for professional services required by the Department of State and the Foreign Service Institute to:

1. design and deliver Advanced Area Studies courses on Brazil (see section 3.1)

3.1 Advanced Area Studies Courses

Advanced Area Studies courses are organized and conducted by Course Coordinators who also bring in area experts from universities, government, and private organizations. An Area Studies course consists of some or all of the following types of activities: lectures, discussions, field trips, participatory activities by class members, readings, audio-visual materials, homework, papers, tests, quizzes and independent study, in order to highlight the key historical, political, economic, and socio-cultural themes for the region as well as American interests and policy issues. Currently, Brazil Advanced Area Studies are offered in two, 20 session courses annually.

Classes meet once a week on Tuesday mornings for one half day during the period of performance. In 2012, the first 20 session course will run from March 12-July 25. The next course will begin in September, with exact dates to be announced. For the classes that begin in mid-September, Course Chairs must meet syllabi submission dates in August (see section 3.1.1). Although the typical teaching period for these courses is from mid-September through late June or mid-July, the number of weeks a given course is taught depends on whether there are students in language training who are assigned to the Area Studies Course.

Each Advanced Area Studies course within the Foreign Service Institute's School of Professional and Area Studies is closely linked to concurrent language training. Advanced Area Studies courses are designed to teach people how to work effectively in the countries and cultures to which they are assigned.

An Advanced Area Studies session equals one half day class plus the administrative time that accompanies it. Some sessions will require more preparation and administrative time than other sessions. However, on average we anticipate 6 hours of administrative and preparation time per session. We anticipate 40 to 50 sessions during the teaching year depending on the specific student enrollments and whether additional summer classes need to be taught.

3.1.1 More specifically, the contractor will:

- Organize and conduct the Advanced Area Studies Course given during the contracted period based on knowledge of the area and currently available pertinent resources.

- Submit a syllabus for the entire contract period on September 1. In the case of a contract beginning in the spring, the contractor should submit the syllabus no later than two weeks before the first date of class.

- Submit a course schedule by the 15th of every month for the following month (i.e. the schedule for the month of December is due November 15th);

- introduce guest lecturers, lead class discussions, present study materials, and evaluate student participation;

- make lecture presentations as part of the course;

- meet with Regional Chair on a regular basis, with regard to the course planning or problem areas;

- meet once monthly with Contracting Officer Representative (COR);

- select and recommend appropriate teaching aids, including books, articles, audio-visual and web -based materials to be used in the course or for the Foreign Service Institute library;

- attend all in-class activities. In-class activities will be a minimum of three hours per session. In the rare event that a Contract Coordinator cannot be present, he or she MUST provide the COR a minimum of one week in advance, with a written request for permission to be absent;

- this request must include the reason for the absence, and if the absence is approved, the name of the person to whom the course coordinator has subcontracted the session;

- the Contractor MUST cover this absence by subcontracting to a qualified substitute Contract Coordinator to fulfill all terms of this contract during the absence; Substitutions for the instructor must receive prior approval by the Regional Chair or Division Director and all substitutions must have equivalent verifiable experience. Successful past performance in training for the US Government is highly desirable;

- if the request is approved, the course coordinator may invoice for the given session and must compensate the subcontractor from the funds he or she receives from the contract;

- counsel students on information sources and other matters related to their geographic interest;

- prepare evaluations of students according to current Foreign Service Institute policy;

- contribute to the updating of the bibliography, videography and web-based material for use in the Advanced Area Studies Sessions;

3.1.2 The contractor will provide the following Administrative Services:

- Select and arrange for guest lectures by recognized authorities from government, academic, diplomatic and business fields as appropriate, to whom the Department of State will pay honoraria and related expenses when administratively approved;

- submit letters of honoraria to the support staff for processing at least three weeks in advance of the event which the honoraria is to cover;

- advise the support staff of the Area Studies Division immediately when there is a change of speakers;

- ensure that the classroom has adequate resource materials such as maps, videos, and readings;

- when course and audio-visual materials are taken to a classroom, ensure that they are returned to their stored area;

- meet as necessary with counterparts in the School of Language Studies to develop the language and area studies integration program;

- maintain a regular record of student attendance on a roster provided by the Area Studies Division; the roster will be returned to the Area Studies Division after each class session and remain there for confirming student attendance;

- review monthly, the course financial plan spreadsheet and operate the course within budget projections. Discuss with the Regional Chair any situation / request that does not conform to the course financial plan.

4.0 SPECIAL INSTRUCTIONS FOR OFFERER

The Area Studies division seeks country specific expertise from its course coordinators and regional chairs, even if a given course is taught at the regional or sub-regional level; or expertise. Offeror should identify any such expertise in proposal.

Section E - Inspection and Acceptance

E Inspection and Acceptance

Section E – Inspection and Acceptance

E. 1. Inspection and acceptance of the services to be provided hereunder shall be made by the Government Technical Monitor (GTM), a Contracting Officer's Representative (COR) or an Alternate COR when specified.

E. 2. The Role of Government Personnel and Responsibility for Contractor Administration:

A. Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is authorized to take actions on behalf of the government to: amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to authorized representatives.

B. Contracting Officer's Representative (COR): The COR is responsible for promptly notifying the Contracting Officer in writing of any noncompliance or deviation in performance or failure to make progress; knowing and understanding the terms and provisions of the contract; knowing the scope and limitations of your authority;

using good judgment, skill and reasonable care in the exercise of authority; protecting privileged and sensitive procurement information. If questions arise which are not clearly answered in the contract or if disputes with the Contractor occur, prepare a written report to the Contracting Officer setting forth the problem(s) encountered.

C. Government Technical Monitor (GTM): The GTM will assist the COR in discharging responsibilities. The responsibilities of the GTM include, but are not limited to: monitoring and inspecting the Contractor's progress and performance; evaluating contractor performance with the terms and conditions of this contract; acting as the Government's representative at the work site; advising the contractor of proposed deductions for non-performance or unsatisfactory performance; preparing receiving reports and/or approving invoices for payment; and advising the COR of any factors which may cause delay in work performance.

E.3 All work performed under this task order shall be of the highest quality standards, consistent with the best industry practices, to assure timely provision of servies, optimum Department of State satisfaction, and adequate protection of Government assests.

Section F - Deliveries or Performance

F Performance

Section F – Deliveries or Performance

F.1- PERIOD OF PERFORMANCE (On or about)

This Blanket Purchase Agreement is for one base year with four one-year options. Actual task orders for services may be issued any time from date of award, provided the option year is exercised. Specific dates, and number of hours will be coordinated between the contractor and the Contracting Officer's Representative and specified in each Task Order.

Base Year: January 1, 2013 – December 31, 2013

Option Year 1: January 1, 2014 – December 31, 2014

Option Year 2: January 1, 2015 – December 31, 2015

Option Year 3: January 1, 2016 – December 31, 2016

Option Year 4: January 1, 2017 – December 31, 2017

F.2 PLACE OF PERFORMANCE

Services under this contract will be performed primarily at the Government's facility located at the George P.

Shultz National Foreign Affairs Training Center (FSI) at 4000 Arlington Boulevard Arlington, VA.

F.3 NORMAL HOURS OF OPERATION

The normal hours of operation at FSI are Monday through Friday from 8:15 am to 5:00 pm.

F.4 SESSIONS

Scheduling of course will be at the discretion of the program office. Additional sessions may be scheduled by the program office on an as needed basis.

F.5 GOVERNMENT CLOSURES

Should the Federal Government or the Department of State, Foreign Service Institute, close for any reason (e.g.

weather, terrorist threat, emergency situation, etc.) the contractor shall not be paid for that day. If the support service is rescheduled, the contractor will be given an opportunity to provide services on a new date.

Section G - Contract Administration Data

G Contract Administration Data

G.1 NONPAYMENT OF UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of his/her own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

G.2 SMOKE FREE WORK PLACE

(a) The Department of State has been designated a smoke free workplace.

(b) Definitions: "Smoking" means a lighted cigar, cigarette, pipe, or other tobacco product.

"Smoking Areas" means those designated exterior spaces where the smoking of tobacco products is permitted.

(c) Applicability: The Smoke-Free Workplace Policy applies to all occupants of the Schultz Center complex; as well as all Department of State owned, rented, or leased vehicles.

(d) Policy: It is the policy of the Department of State to promote a healthy environment.

Accordinly, the Department has adopted a policy prohibiting smoking in the interior of all domestic buildings and facilities effective August 1, 1993.

G.3 PARKING PROGRAM

All parking related documentation will be given to the awarded contractor at the post-award orientation.

However, it is assumed that all motor traffic regulations will be followed and FSI parking permits will be obtained per the General Service Office's guidance.

Section H - Special Contract Requirements

H Requirements

Section H – SPECIAL CONTRACT REQUIREMENTS

H.1 REMOVAL FROM DUTY

The Government may direct that a contractor be removed immediately from the work site(s) should it be determined that the person is unfit for the job. A determination of unfitness may be made from, but not limited to, incidents involving the most immediate identifiable types of misconduct or delinquency as set forth below:

*Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, or concealment of material facts by willful omissions from other documents or records;

*Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also participation in disruptive activities which interfere with the normal and efficient operations of the Government;

*Theft, vandalism, or any other criminal actions;

*Selling, consuming or being under the influence of intoxicants, drugs or substances which product similar effects;

*Improper use of communications equipment or government property;

*Violations of security procedures or regulations;

*Unacceptable performance.

The Contractor shall be responsible for maintaining satisfactory standards of conduct and integrity. The Contracting Officer, acting on the advice of the COR, will make all determinations regarding the removal of any employee from the work site(s).

H.2 CONTRACTOR RESPONSIBILITY

The contractor, not the government shall exercise supervision and control over the contractor's personnel. The contractor is responsible to the government.

The contractor is to ensure that the professional personnel assigned to this contract have the training, skills, clearances and certifications necessary to perform the general requirements of this contract.

The contractor shall be responsible for the health and safety of its employees and for any injury or damage to them. The contractor shall be responsible at its own expense for loss and/or damage to government property or personnel resulting from contractor fault or negligence or from the fault of its employees.

H.3 CONTRACTOR SELF IDENTIFICATION

All contractor personnel attending meetings, answering Government telephones, and/or working in other siutations where their contractor status is not obvious to thirs parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public, of other government personnel, or Congress that they are Government officials. Contractor personnel must also ensure that all documents or reports produced by them are suitably marked as contractor products or that contractor participation is appropriately disclosed. This direction shall be adhered to unless otherwise waived, in writing, by the cognizant Contracting Officer.

At no time will any contractor utilize Government letterhead for any correspondence between the contractor and any other entity depicting or imitating that the Contractor is a member/employee of the US Government, either as an individual or as a company/corporation. Example: Using the Department of State Seal (or any other Government's agency seal) in their letterhead.

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE

PROCEDURES (MAY 2011)

10/27/2006

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm .

(End of clause)

Section I - Contract Clauses

Clauses By Reference Clause Title Date 52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012) 02/02/2012

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Feb 2012)

02/02/2012

(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)).

__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.]

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (June 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 (Feb 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).

__(7) 52.209–9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313).

__(8) 52.209–10, Prohibition on Contracting with Inverted Domestic Corporations (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 (June 2003) (15 U.S.C. 644).

__(ii) Alternate I (Oct 1995) of 52.219-7.

__(iii) Alternate II (Mar 2004) of 52.219-7.

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.

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

__(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 (June 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 Rerepresentation (Apr 2011) (15 U.S.C. 632(a)(2)).

__(24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__(25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

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

x(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (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).

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

13496).

__(34) 52.222-54, Employment Eligibility Verification (Jan 2009). (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).

x(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 (June 2009) (41 U.S.C.

10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__(ii) Alternate I (Jan 2004) of 52.225-3.

__(iii) Alternate II (Jan 2004) of 52.225-3.

__(41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__(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).

x(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.]

__(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__(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.).

__(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.).

x(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).

__(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Jan 2009).

(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.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 03/27/2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 2 years.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 02/01/1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

52.212-3 Offer Representations and Certifications--Commercial Items (Feb 2012) 02/02/2012

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology --

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically --

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women;

and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (See FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it __ is, __ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it __is, __is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it __ is, __ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it __ is, __ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(…