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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
D14
Suite 4000 381 Elden St Division 1/Branch 4 DOI, Interior Business Center, AQD
CODE 16. ADMINISTERED BYCODE
X
X
X
541611
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORD14
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
02/22/2021 1000 ET
01/21/2021
703-964-3682Alexandra Tsybulevsky (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0421Q0076
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 27 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Herndon VA 20170
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Herndon VA 20170 Suite 4000 381 Elden St Division 1/ Branch 4
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$16.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Interior Business Center, AQD
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Legacy Doc #: DO
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
DATED
Alexandra Tsybulevsky
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
27 2 of
Information Technology (IT) Acquisition Support Services for
Department of Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD)
Request for Quotation (RFQ) Solicitation Number 140D0421Q0076
SECTION 1 INTRODUCTION:
The purpose of this acquisition is to acquire severable, non-personal, contractor support services in the acquisition of IT, Cloud services, and cyber-technology for DOI IBC AQD.
This is an RFQ issued pursuant Federal Acquisition Regulation (FAR) subpart 8.4 –Federal Supply Schedules (FSS). This requirement will be a sole source, Time and Materials (T&M), small business set-aside task order on Converge Network Corporation’s (CNC’s) FSS contract GS-10F-0292V, Special Item Number is 541611 Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services.
The North American Industrial Classification System (NAICS) code for this requirement is 541611 Administrative Management and General Management Consulting Services, with a size standard of $16.5 million. The Product Service Code (PSC) is R707 Support- Management:
Contract/Procurement/Acquisition Support.
---END SECTION 1---
SECTION 2 DESCRIPTIONS/SPECIFICATIONS/FUNDING:
Attachment 1 Statement of Work (SOW) details the requirements for this acquisition.
The following table illustrates the Contract Line Item Number (CLIN) structure for this requirement:
CLIN
CLIN
Description
Period of Performance
(PoP)
Labor Category
Billable Hours
Labor Rate
Awarded Ceiling
Funded Amount
Base Year Labor
– Acquisition Specialist
12 months Acquisition Specialist * * * *
Base Year Labor
– Senior Acquisition Specialist
12 months Senior Acquisition Specialist
0003 Base Year Travel 12 months N/A N/A N/A $5,000.00 *
Option Year 1 Labor – Acquisition Specialist
12 months Acquisition Specialist * * * *
Option Year 1 Labor – Senior Acquisition Specialist
12 months Senior Acquisition Specialist
Option Year 1 Surge Support – Acquisition Specialist
12 months Acquisition Specialist * * * *
Option Year 1 Surge Support – Senior Acquisition Specialist
12 months Senior Acquisition Specialist
0008 Option Year 1 Travel 12 months N/A N/A N/A $5,000.00 *
Option Year 2 Labor – Acquisition Specialist
12 months Acquisition Specialist * * * *
Option Year 2 Labor – Senior Acquisition Specialist
12 months Senior Acquisition Specialist
Option Year 2 Surge Support – Acquisition Specialist
12 months Acquisition Specialist * * * *
Option Year 2 Surge Support – Senior Acquisition Specialist
12 months Senior Acquisition Specialist
0013 Option Year 2 Travel 12 months N/A N/A N/A $5,000.00 *
*To be completed at time of award
Performance Period Ceiling: CNC IS NOT authorized to exceed the performance period funded amount.
Labor Category Ceiling: CNC will be responsible for fulfilling the requirement utilizing only the quoted labor categories and staying within each labor category’s proposed hours. CNC is NOT allowed to move funding between the labor categories, nor exceed the proposed labor category hours without Contracting Officer’s Representative (COR) approval and a written modification. Additionally, funding may not be moved between expense categories (Labor/Travel) without a written modification from the Contracting Officer (CO).
Funds & Performance: By mutual agreement of the parties, any funds remaining at the end of each performance period will be de-obligated. The Government shall not be obligated to reimburse the contractor for costs in excess of the current funded amount, nor will the contractor be obligated to continue performance and incur costs in excess of the funded amount.
---END SECTION 2---
SECTION 3 DELIVERY SPECIFICATIONS
Delivery Requirements: See Attachment 1 SOW for deliverable requirements and place of performance.
PoP: The PoP for each CLIN will be 12 months from date of CLIN award.
Administrative Points of Contact:
CO Ali Tsybulevsky, Alexandra_tsybulevsky@ibc.doi.gov
COR: To be provided at time of award.
---END SECTION 3---
SECTION 4 QUOTE SUBMISSION AND EVALUATION CRITERIA:
1. Submission Deadline:
The Government requests a quote from CNC in response to the attached SOW, Attachment 1.
Any additional questions shall be submitted by Thursday, January 28, 2021, at 10:00 AM EST to Alexandra_tsybulevsky@ibc.doi.gov. The quote shall be submitted no later than February 22, 2021 at 10:00 AM EST.
2. Quote Requirements:
The quote shall include the following:
Cover page with contact information (mailing address, contact name, phone number, and email address)
Technical approach, to include resumes and Letters of Commitment for proposed key personnel
Completed price quote (see Pricing Spreadsheet - Attachment 2)
a. Technical Approach:
i. Resumes. Resumes of key personnel shall demonstrate how each meets the position requirements identified in the SOW and shall highlight the key personnel’s experience with similar work on previous or current projects.
Resume descriptions shall address such items as the individual’s background, education, work experience, and accomplishments. Resumes must demonstrate the knowledge that key personnel have gained through completed and ongoing efforts that are similar in nature to this effort.
Resume Guidelines: The quoter shall provide a resume of each key personnel.
Resumes shall include the following:
Name of key personnel Key personnel’s position, function, or role Quoted labor category in accordance with CNC’s General Services
Administration (GSA) contract Education [including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours if available]
Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held) mailto:Alexandra_tsybulevsky@ibc.doi.gov
Certification that the information contained in the resume is correct and accurate
Resumes shall be no more than 3 pages each.
ii. Letters of Commitment. The quoter must also certify that key personnel provided in the quote will be available at time of award and for a period of no less than six months. The Government reserves the right to terminate any resulting award at no cost if key personnel are not available. Letters of Commitment are required of all key personnel. The Letter of Commitment must be specify the AQD IT Acquisition Services program and the length of an individual’s commitment, and it must be signed by the individual and a corporate authorized official. There is no page limit for letters of commitment.
b. Price Quote Submission:
Based on the SOW, the quoter shall submit a price quote for the labor portion of the requirement in Excel, using the pricing sheet provided (Attachment 2). Please keep all Excel formulas unlocked and intact.
The Government requests a discount. If a discount is provided, please indicate the non-discounted rates, the quoted percentage of discount, and the discounted rate on the pricing sheet. Additionally, the quoter shall consider voluntarily waiving labor rate escalation within their price submission for this project.
The Government anticipates $5,000.00 per year in travel based on historical information.
As such, no price quote for travel is requested.
The Government requests CNC submit its quote via email to:
CO: Ali Tsybulevsky Alexandra_tsybulevsky@ibc.doi.gov
3. Evaluation Criteria:
Upon submission of CNC’s quote, the Government will perform a technical and price review and make award, based on a determination of the following:
the quote’s technical acceptability in accordance with the SOW;
if the quoted price represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs, in accordance with FAR 8.404(d); and, if the quote is in accordance with the rates, terms, and conditions in CNC’s GSA contract GS-10F-0292V, per FAR 8.406-1(c) .
a. Technical Acceptability:
Technical acceptability will be evaluated based on if the resumes demonstrate CNC’s ability to satisfy the requirements of the SOW, and if the Letters of Commitment certify that the quoted key personnel will be available at time of award and for a period of no less than six months.
b. Price:
The Government plans to perform a price analysis based on the following:
The level of effort and labor mix proposed to perform the requirement in relationship to the technical quote, the SOW, and the RFQ requirements.
Historical pricing for this requirement.
The quoter’s GSA pricing.
Any discounts offered.
The Government reserves the right to utilize other price evaluation methods as deemed necessary.
The Government may reject the price quote if it is found to be non-compliant with the RFQ requirements, or reflects a failure to address the complexity and risks of the work to be performed.
The price quote will be evaluated inclusive of optional periods of performance.
---END SECTION 4---
SECTION 5: SOLICITATION PROVISIONS:
52.252-2 Clauses Incorporated by Reference (Feb 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/ address:
http://www.acquisition.gov/far/
(End of Clause)
Provisions Incorporated by Reference:
FAR Provision Title Date 52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements— Representation
Jan 2017
Provisions Incorporated by Full Text:
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
http://www.acquisition.gov/far/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The https://www.sam.gov/
Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, Commercial and Government Entity (CAGE) code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in SAM (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
FAR 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).
(End of provision) https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/17.206#FAR_17_206
FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01)
(a) Definition. Small business concern, as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for 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 small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
[(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by the Small Business Administration (SBA) in accordance with 13 Code of Federal Regulations (CFR) 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.]
(End of clause)
DIAR 1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior (Apr 1984)
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (FOIA) (5 United States Code [U.S.C.] 552), the following terms shall have the meaning set forth below:
(1) Trade Secret means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.
(2) Confidential commercial or financial information means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of FOIA, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers commercial and financial information obtained from a person and privileged or confidential, and exemption (9), which covers geological and geophysical information, including maps, concerning wells.
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under FOIA, (5 U.S.C.
552), the cover page of each copy of the proposal shall be marked with the following legend:
The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under FOIA. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.
(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:
This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under FOIA and which is subject to the legend contained on the cover page of this proposal.
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under FOIA seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under FOIA, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under FOIA is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under FOIA, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
(End of provision)
DIAR 1452.233-2 Service of Protest Department of the Interior (Jul 1996) (Deviation)
(a) Protests, as defined in section 33.101 of the FAR, 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 CO (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Ali Tsybulevsky Contracting Officer
AQD
Alexandra_tsybulevsky@ibc.doi.gov
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(c) A copy of the protest served on the CO shall be simultaneously furnished by the protester to the DOI Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.
(End of provision)
---END SECTION 5---
SECTION 6 CONTRACT CLAUSES:
Clauses incorporated at the GSA schedule contract level flow down to this task order.
Clauses Incorporated by Full Text:
FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this order by written notice to the contractor any time prior to contract expiration; provided, that the Government gives the contractor a preliminary written notice of its intent to extend at least 3 days before the order 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 3 Years.
(End of clause)
DIAR 1452.201-70 Authorities and Delegations (Sept 2011)
(a) The CO is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The CO will designate a COR at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The contractor shall comply with the written or oral direction of the CO or authorized representative(s) acting within the scope and authority of the appointment memorandum. The contractor need not proceed with direction that it considers to have been issued without proper authority. The contractor shall notify the CO in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the CO’s response issued under paragraph (e) of this clause.
(e) The CO shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The contractor shall provide copies of all correspondence to the CO and the COR.
(g) Any action(s) taken by the contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the CO or the COR acting within his or her appointment, shall be at the contractor's risk.
(End of clause)
CUSTOM TASK ORDER CLAUSES:
The resultant task order will include the following custom clauses:
Custom Clause – Incremental Funding and Funds De-obligation Clause
A. The Schedule specifies the amount presently available for payment by the Government and allotted to this contract and the items covered. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule. The contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.
B. Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause –
1. The Government is not obligated to reimburse the contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and
2. The contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the amount then allotted to the contract by the Government.
C. The Government may de-obligate funds as long as funds are still available in the contract for contractor's continuing performance.
(End of Custom Clause)
Custom Clause - DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
For T&M/Labor Hour efforts, the contractor shall bill no more than once monthly per CLIN.
Invoices will be paid upon the COR’s inspection and acceptance of the invoice and deliverables for that month and the CO’s approval of the invoice. Invoices must include, as a minimum, the following information:
Order and GSA contract number Name of employee Time period covered for services performed Productive direct labor hours/dollars for the current billing period Productive direct labor hours/dollars cumulative to date Labor category(s) Hourly rate
Additional supporting documentation MAY BE REQUESTED at the discretion of the COR or
CO.
The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel Regulations, and other Government mandates and directives.
Payment:
A. Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.
B. The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.
Final Invoice:
Within sixty calendar days of product acceptance and/or completion of services:
1. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.
2. The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this task order.
3. The contractor shall provide a release of claims against the government for any further payment under this task order.
The sixty calendar day submission time frame shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.
The contractor must use the IPP website to register access and use IPP for submitting requests for payment. The contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.
contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the contractor must submit a waiver request in writing to the CO with its proposal or quotation.
(End of Custom Clause)
Custom Clause - Organizational Conflict of Interest
This contract is for the performance of acquisition support services for DOI’s IT customers. The CO has determined that this acquisition may give rise to a potential organizational conflict of interest. Services to be provided under this contract will require contractor involvement in Government programmatic matters and access to sensitive information, and may include by not be limited to the following activities:
Preparation of internal Government documentation related to planning, programmatic, technical, budgetary, and acquisition activities.
Assistance in the development of requirements documents.
Access to source selection sensitive or proprietary information.
As a result of performance under this contract, the contractor’s judgment as a potential performer under other contracts may be biased and/or the contractor may acquire unfair competitive advantage in future competitive actions to fulfill other Government requirements.
As such, the contractor (including its subcontractors) understands and agrees that its role is limited to providing acquisition support services to these customers and their program offices and is prohibited from participating as a prime contractor, subcontractor, consultant, supplier, or vendor in the development, production, or delivery of products for any other supply or service contracts for these customers, either directly or through an interagency agreement during the PoP of this contract.
The contractor understands and agrees that the contractor’s failure to comply with any part of this clause constitutes a material breach of the contract entitling the Government to terminate this contract for default, and pursue all other remedies and measures provided for under law and regulation.
(End of Custom Clause)
Custom Clause – Warranty against Organizational Conflict of Interest
The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the contractor has disclosed all such relevant information.
The contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the contractor make will a full disclosure in writing to the CO. This disclosure shall include a description of actions which the contractor has taken or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict.
Remedies - The CO may terminate this contract action for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the CO, the Government may terminate the contract for cause or default, debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.
The contractor further agrees to insert clauses which shall conform substantially to the language of this clause in any subcontract of consultant agreement hereunder.
(End of Custom Clause)
Custom Clause – Cooperation with Other On-Site contractors
When the Government undertakes or awards other task orders or contracts for additional work at the facilities, the contractor must: (1) fully cooperate with the other contractors and Government employees, and (2) carefully fit its own work to such other additional contracted work as may be directed by the COR. The contractor must not commit or permit any act that will interfere with the performance of work awarded to another contractor or with the performance of other Government employees.
In any case where, in the course of fulfilling the task order requirements, the contractor disturbs any work guaranteed under another separate contract, the contractor must restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract.
(End of Custom Clause)
Custom Clause – Return of Data
The Government shall have the right to request the contractor to return all data provided by the Government and/or developed/generated during the performance of this requirement. The contractor shall return all data within 15 days, upon request by the CO. Such request can be either in writing or in email.
The contractor shall timely convert all data, stored in electronic form, to a format, defined by the Government, within the 15-day transfer period. The contractor shall convey such data at no-cost to either the Government or a designated contractor’s storage. The contractor shall also include source code to software developed by the Vendor for the Government.
(End of Custom Clause)
Custom Clause – DOI-AAAP-0050 Contractor Performance Assessment Reporting System
(DEC 2015)
1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. DOI has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2. The past performance evaluation process is a totally paperless process using CPARS.
CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3. We request that you furnish the CO with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the contractor portion of the report and state whether or not the contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4. When your contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor representatives may then provide comments in response to the evaluation or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting "Accept the Ratings and Close the Evaluation".
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as "Pending"� with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6. The following guidelines apply concerning your use of the past performance evaluation:
a) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
b) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
(End of Custom Clause)
Custom Clause – Payment for Unauthorized Work:
No payments will be made for any unauthorized supplies and/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 CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions under this effort.
(End of Custom Clause)
AQD Limitation on Subcontracting Report (Jan 2012)
In order to ensure compliance with FAR 52.219-14, Limitations on Subcontracting, the contractor shall submit a report at the end of each year of task order performance. The report shall be in the following format:
Date of Report:
Period Being Reported: Date of Contract Award through _______________________.
Total Contract Costs*:
Total Contract Costs* Performed/Provided by Prime:
Total Contract Costs* Subcontracted:
Percentage Performed/Provided by Prime:
Percentage Performed/Provided by Subcontractors:
Certified By:
Date Certified:
If the contractor’s costs* are below the minimum performance measures stipulated at FAR 52.219-14, the contractor shall provide a detailed mitigation plan on how it is going to cure its failure to comply with 52.219-14. This mitigation plan shall be provided to both the Small Business Administration and the CO. The CO will evaluate the plan to assess the adequacy. This clause does not limit the rights and remedies of the Government under other contract clauses, including but not limited to the default or termination provisions of the contract.
*As stipulated…
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