SINLEC17R0006_Interviewing_Skills_SOW.pdf

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Bureau of International Narcotics and Law Enforcement Affairs

(INL)

U.S. Embassy Mexico City

Request for Proposals

INL/Mexico City, Mexico --- Interviewing Skills for Law Enforcement

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SECTION 1

SUBMISSION AND RFP INFORMATION

1. INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Proposals (RFP) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items confidential to business, containing trade secrets, proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

This RFP is set aside for HUBZone small businesses under NAICS Code 611430 Professional and Management Development Training with a size standard of $11 million.

2. QUESTIONS CONCERNING THE RFP

Offerors are warned against contacting any INL personnel except Contract Specialist John Malloy. If such contact occurs and is found to be prejudicial to competing vendors, the vendor making the contact may be excluded from award consideration.

No information concerning this RFP shall be provided in response to telephone calls. All requests must be submitted in writing to MalloyJT@state.gov. Written questions relating to this RFP shall be accepted through 2:00 PM (Washington D.C. time) June 7, 2017. Any communications in reference to this RFP shall cite the reference section, title and page number and be directed to MalloyJT@state.gov.

3. NOTICE OF RFP CLOSING DATE AND TIME

All offers shall be submitted to MalloyJT@state.gov NLT 2:00 PM (Washington D.C. time) on June 12, 2017. No other method of quotation submission is allowed. Submissions are limited to files no more than twenty-five (25) pages. Language descriptions of Technical Specifications are required with the submission of proposal.

4. CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

5. MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the Government accept or evaluate, multiple solutions within one proposal.

6. PERIOD OF ACCEPTANCE OF OFFERS

If the proposal is accepted, contractors shall agree to deliver all required items within 180 calendar days from the date specified in the solicitation for receipt of proposals; to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item; and to perform and/or deliver at the designated point(s) within the time specified.

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SECTION II STATEMENT OF WORK

1. Program Background:

The Ley General del Sistema Nacional de Seguridad Pública established a range of standards that must be maintained by Police Officers, Polygraphs, Background Investigators and Criminal Investigators. This includes standards in education, training character, conduct and honesty. In order to ensure that police officers meet the standards, the Government of Mexico (GOM) established the Control de Confianza system.

Quality training is the cornerstone of any effort to professionalize a police force. The Interviewing course aims to help the GOM professionalize their police forces and Control de Confianza recruiting of quality police candidates.

2. Objective The objective of this project is to improve the performance of Government of Mexico law enforcement, polygraph examiners and background investigators through recognized interviewing techniques.

3. Scope The scope of this project is to provide training courses on Interviewing Skills for Law Enforcement and Background Investigators to the Government of Mexico law enforcement, polygraph examiners and background investigators

4. Technical Specifications There will be forty (40) sessions of a five (5) day intensive training course.

The course will be based on recognized best practices as key elements in improving the investigative capabilities of Police Investigators, Internal Affairs Investigators, and Control de Confianza polygraph Examiners and Background Investigators throughout Mexico.

Each session will train twenty-five (25) to thirty (30) GOM Police Criminal Investigators, Internal Affairs Investigators, Background Investigators, and Polygraph Examiners from Control de Confianza units. Over the next two years, the training will take place mainly in Mexico City but will be offered throughout Mexico as well.

5. Period of Performance These courses will be performed within a period of 24 months after award.

6. Instructor Requirements:

6.1 In advance of training, offeror shall provide to the INL Mexico Police Professionalization

Team (PPT) and Contracting Officer Representative (COR) copies of all applicable certifications for each instructor.

6.2 Instructors shall be trained, certified and/or accredited specifically in Interviewing Techniques. The instructor certification will be by a recognized authority, firm or U.S.

government agency in interviewing techniques or investigative training.

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6.3 Instructors must have the necessary permits to work in Mexico

7 Training Requirements:

7.1 All training, including presentations, slides, manuals, handouts, and other material shall be presented in Spanish.

7.2 Each course shall include training for twenty-five (25) to thirty (30) GOM participants as identified by the INL PPT.

7.3 Training course shall, at a minimum, teach students to perform the following:

1. Analyze factual information prior to the interview through statement analysis.

2. Identify linguistic styles.

3. Behavior-provoking questions.

4. Alternative questions.

5. Assess the completeness and consistency of information.

6. Assess the credibility of information.

7. Assess the effectiveness of questioning techniques.

8. Conduct structured interviews.

9. Design result-driven steps to conduct efficient and effective interviews.

10. Detect accurate from inaccurate information.

11. Detect deception through verbal and nonverbal observations.

12. Develop rapport with a subject within the parameters of ethical boundaries.

13. Employ ethical interviewing techniques.

14. Employ information-gathering methods of interviewing.

15. Evaluate attitudes.

16. Evaluate verbal and nonverbal communication.

17. Recognize the most subtle verbal and non-verbal admissions.

18. Use instructive topics to develop an interview strategy.

19. Develop an interview strategy.

20. Mexican laws on interviewing versus interrogation.

21. Note taking and reporting the information.

7.4 The training shall provide interviewing workshops and practical instruction for the participants to practice the skills learned during the program.

7.5 The training shall be provided from Monday through Friday, with eight (8) hours of instruction per day, not including a one (1) hour lunch break and three (3) 10 minute breaks throughout the day.

7.6 All training materials/Manuals/Handouts/Activities shall be provided to the INL PPT at least fifty (50) working days prior to the commencement of the training.

7.7 One-day session briefing at INL Office in Mexico City must be done at least 50 working days prior to the commencement of the trainings between contractor’s personnel (1 project leader + 1 leader instructor) and PPT stakeholders. In the initial briefing session contractor

5 | P a g e must deliver the course curriculum and materials (training audio/visual presentations / manuals/handouts) to INL PPT.

7.8 The Offeror shall provide copies of manuals or handbooks in Spanish for each participant.

8 Deliverables

8.1 The Offeror shall provide forty (40) iterations of a (5) day intensive interview training course with workshop and practical exercises included.

8.2 The Contractor shall provide a Daily Project Report, End of Course Sequence Report, and Overall End of Course Report. Upon completion of training, contractor personnel will present a debriefing to INL personnel relative to course outcome.

8.2.1 Daily Project Report: The contractor shall provide an electronic daily project report.

The report shall be submitted at the close of each business day and include: (1) attendance list of the participants (late arrivals, participation, etc.); (2) any incidents during the day (with the participants and with the Government of Mexico liaison); and (3) any updates or changes to the original schedule.

8.2.2 End of Course Sequence Report: The contractor shall provide an electronic project report at the end of each course. This report shall be submitted within three business days and include:

Cover Page o Title and period covered o Purchase Order number o Name of the agency (INL) o Name of the GOM dependency that receives the training o Contractors and instructors name

Main Body o Attendance list of the participants (late arrivals, participation, etc.)

o Number of students trained o Detailed narrative of the work performed o Analysis of the work performed, i.e., percentage of work planned versus work performed o Photographic record material of the course o Any incidents during the training period o Recommendations or updates of the curriculum o Pre and Post knowledge survey results—preferably digital evaluations—at the conclusion of training in Spanish o Final course evaluation report including instructor performance at the conclusion of training Conclusion

8.2.3 Overall End of Course Report: At the end of each course, The Contractor shall arrange and conduct a detailed debriefing at INL Offices in Mexico City with the INL PPT personnel. The contractor shall distribute to all participants a copy of the agenda and any

6 | P a g e other documentation to be used during the meeting. The report shall be presented by the Contractor at least eight (8) business days after the end of the course. This report shall contain:

Cover Page o Title and period covered o Purchase Order number o Name of the agency (INL) o Name of the GOM dependency that receives the training o Contractor’s name

Main Body o Overall number of students trained per course o Summarize the Pre and Post Participant Evaluations o Summarize the participants’ subjective view of the utility of training (i.e., what percentage of training will be used in the execution of their daily duties) o Photographic record material of the course o Final course critiques and recommendations or updates of the curriculum

Conclusion

9 Travel Orders & Flight Reservations:

9.1 Offeror is responsible for all travel arrangements of offeror personnel.

9.2 All travel expenses will be based on the DOS per diem rates.

9.3 Training locations will be in Mexico City and/or the various Mexican State capitals, and dates are subject to change. Rescheduling will be requested as soon as possible and with no less than one week notice.

10 Work Site

10.1 INL will coordinate training sites and will provide training classroom seating, projectors, and classroom writing boards for classroom activities.

10.2 Exact training facilities locations will be determined per each course in different locations throughout Mexico.

10.3 Instructors shall bring ID to access the security checkpoint of training facilities.

10.4 Contractor is responsible to provide to the INL PPT all information about equipment (laptops, cameras, USBs, transportation vehicle) instructors are expected to bring to the training facilities.

11 Invoicing

11.1 Each time a course is provided vendor will issue an invoice.

11.2 The invoice shall include but not be limited to: name of the course, number of participants, location, and start and finish date.

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12 Other

12.1 In the event of unforeseen emergencies requiring cancelation or rescheduling of any course, INL PPT shall notify the contractor 10 business days prior to the commencement of the course. Otherwise, the INL PPT will provide four (4) weeks’ notice prior to any schedule changes.

12.2 INL PPT personnel will provide to the contractor the distribution list for reports.

13 Nonpayment For Unauthorized Work

13.1 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 their 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.

14 Quality Assurance Plan (QAP)

14.1 This plan is designed to provide an effective monitoring method to engender effective

Contractor performance. The QAP facilitates the monitoring of Contractor performance by the Contracting Officer’s Representative (COR) and allows for notification to Contractor in the event of unsatisfactory performance. The Contractor is the party responsible for management and quality control to meet the terms of the contract. The role of the government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective SOW Items Performance Threshold Services Performs all services set forth in the SOW to include: Instructor Requirements/Evaluation factors, Training Requirements, Deliverables, Courses Schedule, Work Site, Invoicing

6, 7, 8, 9, 10, 11, 12, All required services are performed and no more than one

(1) customer complaint is received during the training.

14.2 Monitoring

The COR will receive and document all complaints from government personnel regarding services provided. If appropriate, the COR will forward complaints to Contractor for corrective action.

14.3 Standard

The performance standard is no more than four (4) complaints during the training period. The COR shall notify the Contracting Officer of any complaints, so that he/she may take appropriate action to enforce inspection clause (FAR 52.212.4) Contract terms and Conditions-Commercial Items, if any of the services exceed the standard.

14.4 Procedures

A. If any government personnel observe unacceptable services, either incomplete work or required services not being performed, they should immediately contact the COR.

B. The COR will complete appropriate documentation to record the complaint.

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C. If the COR determines the complaint is not valid, the COR will advise the complainant.

COR will retain the annotated copy of the written complaint for his/her files.

D. If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.

The COR shall determine how much time is reasonable.

E. The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

F. If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine validity of complaint.

G. The COR will consider complaints as resolved unless notified otherwise by the complainant.

H. Repeat client complaints are not permitted for any services. If a client repeats a complaint of the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the inspection clause.

15 VAT and IMPORTATION Taxes/Duties RECLAMATION

15.1 The contractor shall follow the invoicing procedures established by INL to allow the US

Embassy Mexico to reclaim the IVA/VAT taxes charged. All importation taxes and duties reclamation that are generated when vendor direct deliveries to any State within the Mexican States from the United States either by the prime or a subcontractor must be itemized in all invoices. All purchases made in Mexico are subject to Value Added Tax (VAT) and must be paid by the Contractor. VAT or “IVA” as it is known in Mexico must be itemized in all invoices. Before the Contractor may impose and collect VAT on its “tax-relief invoices,” the Contractor is required to obtain a VAT Registration Identification Number from the Secretaria de Hacienda y Crédito Público (aka Hacienda). The contractor will provide the necessary invoicing to enable the USG to obtain reimbursement for VAT and all importation taxes and duties. This tax relief benefit is extended only to the U.S. Government – not the Contractor – a as a diplomatic privilege. The current tax-relief invoicing requirements are outlined in the paragraphs below. Notwithstanding any other provisions of this contract, in the event the Government of Mexico revises the requirements, the Contractor shall follow the new requirements as soon as the Contractor is notified in writing of the new requirements by the Contracting Officer.

15.2 The Contractor is responsible for providing the following list of items on every “tax-relief” invoice presented to the U.S. Government for payments associated with the in-country purchases of goods, materials or services required to perform this contract. Every invoice the Contractor delivers to the U.S. Government must be an original. The failure of the Contractor to follow these procedures will result in the U.S. Government’s inability to secure tax relief on this project, resulting in reimbursement being denied to the contractor. Invoices for the in-country purchases described above must not include other charges, such as “work completed” or design costs. Such invoices will list separately or collectively the pre-tax price of any supplies or services provided in country. As is required by local authorities, the Contractor will impose the appropriate tax rate against the pre-tax total of the purchases represented on the tax-relief invoice. The Contractor will submit the invoices associated with such purchases as supporting documentation for its in-country payment request. The USG will only compensate the Contractor for the tax amount provided on such invoices. Excluded

9 | P a g e from reimbursement: VAT on items such as contractor personnel housing, personal vehicles, utilities, phone charges, per diem, etc.

15.3 The contractor’s tax-relief invoices shall provide the following:

15.3.1 Contractor’s name and address.

15.3.2 Contractor’s Federal Tax Registry Number (RFC) (aka Certificate of Fiscal

Identification).

15.3.3 Photo image of Federal Tax Registry card (aka Certificate of Fiscal Identification) on the invoice.

15.3.4 Invoice number and complete transaction date (month, day, and year). Also, needed is the date and place of issue (lugar y fecha de expedicion). The two dates must be the same.

15.3.5 Required Legal wording dealing with the illegal reproduction of the document. The printing company information must Annex the date of printing and official authorization number.

15.3.6 Customer name - “U.S. Embassy Mexico City”

15.3.7 Embassy current address:

Embajada de los Estados Unidos Avenida Paseo de la Reforma No 305 Colonia Cuauhtémoc 06500, Ciudad de México, México.

15.3.8 U.S. Embassy R.F.C. Number: EEU930201289

15.3.9 Quantity and description of acquired services or merchandise.

15.3.10All pricing/totals must be listed in both Mexican Pesos and U.S. Dollars.

15.3.11(If applicable) The number and date of customs import documents associated with all sales of imported merchandise.

15.3.12Invoice must say “FACTURA.” All invoices (“FACTURAS”) must be presented to the

Embassy/COR as an original. If the invoice in not complete, the final amount to be reimbursed will be reduced by Hacienda.

15.4 The tax-relief invoice must be written in English and Spanish versions and all pricing must be in both Mexican Pesos and US Dollars solely for the purpose of tax relief. This contract is priced and paid only in U.S. dollars.

15.5 The requirements above apply to all supplies and services purchased in Mexico that are provided to the USG as part of this contract. All IVA documentation must be submitted to the COR for approval and submission to Hacienda on a monthly basis.

15.6 All electronic invoices should be submitted to MexFMCInvoices@state.gov and a copy to the CO and INL COR.

16 Technical Evaluation Factors This is a trade-off award, where the technical proposal is rated as significantly more important than cost. The more similar two offerors’ technical scores, the more important cost becomes.

Below are the factors, in descending order of importance, which will make up an offeror’s technical evaluation score.

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The Government will evaluate the proposals on an acceptable or unacceptable basis, assigning one of the ratings described below. Any factor, or sub-factor, evaluated as “unacceptable” will render the entire proposal unacceptable and, therefore, un-awardable. Only those quotations determined to be technically acceptable will be considered for award.

Factor I. Technical Sub-Factor 1: Experience – The offeror has experience with this type of specialized training to other state, federal, and local law enforcement agencies and demonstrates this experience in its proposal. Experience includes geo-political knowledge of Mexico and Latin America, Mexican Law Enforcement structure(s) and providing instruction on designing interviews.

Sub-Factor 2: Personnel – The offeror provides personnel with the appropriate qualifications, and accreditations. Proposed personnel have at least 10 years’ experience as former state, federal, or local law enforcement, demonstrated experience conducting police interviews, and compiling and relating information and reports from these interviews verbally and written. Instructors also demonstrate a Spanish competency of 3/3 or higher and are eligible to work in Mexico.

Sub-Factor 3: Overall Technical Approach – The proposal clearly describes all major tasks to be performed and provides associated milestones. The tasks and milestones address all solicitation requirements. In addition, the overall technical approach demonstrates a clear understanding of the tasks to be performed for successful execution of the project. The proposal identifies sound and implementable risk mitigation strategies.

Factor II. Past Performance Rating Description:

Acceptable - Based on the offeror’s recent and relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort or the offeror’s performance record is unknown.

Unacceptable - Based on the offeror’s past performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Offerors shall provide three recent (currently ongoing or completed within the last four (4) years from issuance of the solicitation) examples of past performance. Past Performance will be evaluated as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contract efforts. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement may also be considered as part of the evaluation and will either be rated as Acceptable or Unacceptable, per the below descriptions:

The Government will only evaluate recent and relevant performance. Ongoing programs must have begun no less than six (6) months from issuance of the solicitation. Past performance information that fails this condition will not be evaluated. To be considered relevant, projects must be similar in scope, magnitude, and complexity to the requirements of this solicitation.

Factor III. Price An offeror’s proposed price will be determined by the pricelist submitted by each offeror.

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SECTION 4

CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE:

52.203-3 --Gratuities (Apr 1984) 52.203-6 – Restrictions on Subcontractor Sales to the Government (Sep 2006) with Alternate I (Oct 1995) 52.203-17 --Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 52.204-13 -- System for Award Management Maintenance (Jul 2013) 52.204-14 – Service Contract Reporting Requirements (Jan 2014) 52.204-15 – Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations --Representations (May 2011) 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-7 – Information Regarding Responsibility Matters (Jul 2013) 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-1 – Instructions to Offerors – Commercial Items (Nov 2015) 52.212-3 -- Offeror Representations and Certifications – Commercial Items (Oct 2016) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Oct 2016) 52.219-13 – Notice of Set-Aside of Orders (Nov 2011) 52.222-19 -- Child Labor – Cooperation with Authorities and Remedies (Jan 2014) 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) 52.222-26 -- Equal Opportunity (Apr 2015) 52.222-35 – Equal Opportunity for Veterans (Oct 2015) 52.222-36 – Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 – Employment Reports on Veterans (Oct 2015) 52.222-50 -- Combating Trafficking in Persons (Mar 2015) 52.222-53 -- Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services— Requirements (May 2014) 52.222-56 -- Trafficking in Persons Certification by Apparently Successful Offeror 52.222-60 -- Paycheck Transparency (Executive Order 13673) (Oct 2016) 52.223-16 –Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 -- Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-18 -- Availability of Funds (Apr 1984)

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52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-33 – Payment by Electronic Funds Transfer – System for Award Management (Jul 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 -- Protest After Award (Aug 1996) 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) 652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (AUG 1999) 652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (JUL 1988) 652.229-71-- Personal Property Disposition at Posts Abroad (Aug 1999) 652.232-70 -- Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999) 652.243-70 -- Notices (AUG 1999) 652.247-70-- Notice of Shipments (FEB 2015) 652.247-71-- Shipping instructions (FEB 2015)

52.212-2 Evaluation—Commercial Items.

Evaluation—Commercial Items (Oct 2014) Factor I. Technical Sub-Factor 1: Experience – The offeror has experience with this type of specialized training to other state, federal, and local law enforcement agencies and demonstrates this experience in its proposal. Experience includes geo-political knowledge of Mexico and Latin America, Mexican Law Enforcement structure(s) and providing instruction on designing interviews.

Sub-Factor 2: Personnel – The offeror provides personnel with the appropriate qualifications, and accreditations. Proposed personnel have at least 10 years’ experience as former state, federal, or local law enforcement, demonstrated experience conducting police interviews, and compiling and relating information and reports from these interviews verbally and written. Instructors also demonstrate a Spanish competency of 3/3 or higher and are eligible to work in Mexico.

Sub-Factor 3: Overall Technical Approach – The proposal clearly describes all major tasks to be performed and provides associated milestones. The tasks and milestones address all solicitation requirements. In addition, the overall technical approach demonstrates a clear understanding of the tasks to be performed for successful execution of the project. The proposal identifies sound and implementable risk mitigation strategies.

Past Performance The Government will evaluate the Offeror’s demonstrated recent and relevant record of past performance.

Technical and past performance, when combined, are significantly more important than price.

(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).

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(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.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has 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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d) (4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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__ (v)52.219-11 Special 8(a) Contract Conditions.

__ (vi)52.219-12 Special 8(a) Subcontract Conditions.

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a) (14)).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a) (2)).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (48) 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).

X (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (58) (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.

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[Contracting Officer check as appropriate.]

_X__ (10) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d) (2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($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) 52.222-17, No displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and

(c) of this clause”.

Alternate II (Oct 2015). As prescribed in 12.301(b) (4) (ii), substitute the following paragraphs

(d) (1) and (e) (1) for paragraphs (d) (1) and (e) (1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e) (1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(E) 52.222–26, Equal Opportunity (Apr 2015) (E.O. 11246).

(F) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(G) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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(H) 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.

(I) 52.222–41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) __X__ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 52.222–51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(L) 52.222–53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).

(O) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(P) 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.

52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-6 – Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within one year from date of award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

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52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [one year from date of award].

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 -- Option to Extend the term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 5 years.

(End of Clause)

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to, HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns; and

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

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(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction.

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees or on a combination of the HUBZone prime contractor’s employees and employees of HUBZone small business concern subcontractors; and

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors.

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor’s employees or on a combination of the HUBZone prime contractor’s employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small business participants.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR

126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

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52.233-2 Service of Protest

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from ______________________.

[Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.222-56 -- Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that -

(1) Is for supplies, other than commercially available off-the-shelf items, to…