Sol_140F0120Q0277.pdf

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USFWS AK FES Personnel Contract
Solicitation number
140F0120Q0277
Issued by

About this file

This is a solicitation for a firm-fixed price contract to provide Fisheries and Ecological Services in Alaska. The U.S. Fish and Wildlife Service seeks quotes for data collection, analysis and support work described in the Performance Work Statement. As a total small business set-aside conducted under FAR Parts 12 and 13, only responsible small businesses may submit quotes, which are due by September 16, 2020. Award will be made based on lowest price determined fair and reasonable. Quotes should be submitted on company letterhead with DUNS number, points of contact, and applicable GSA contract information. If selected, work would be performed from November 1, 2020 to October 31, 2021 involving biological technicians, ecologists, data managers and other labor categories described.

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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

F01

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

FWS, DIVISION OF CONTRACTING AND GE

0008350262 CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF07

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/16/2020 1500 ET

09/10/2020

5032312235Alexander Swift (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0120Q0277

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 4 0040504751OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ANCHORAGE AK 99503-6199

1011 EAST TUDOR ROAD, MS 381

FWS OFFICE OF THE REGIONAL DIRECTOR

15. DELIVER TO

ANCHORAGE AK 99503-6199

1011 E TUDOR ROAD

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 SCHEDULEX

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)

FWS, DIVISION OF CONTRACTING AND GE

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.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service is seeking quotes for Fisheries and Ecological Services per

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . 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.

included Performance Work Statement Data

Collection, Analysis and Support Services.

This Request for Quotation (RFQ) is a TOTAL SMALL

BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular

2005-101. The NAICS code is 541620 and the small business size standard is $16.5 million.

Instructions

All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the lowest price determined fair and reasonable¿ or ¿best value to the government when considering price

(fair and reasonable) and (list other factors).

Award will be made to a responsible source pursuant to FAR subpart 9.1. Options will be evaluated in accordance with FAR provision

52.212-2 ¿ Evaluation -- Commercial Items.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with DUNS No. and point of contact phone number and e-mail address.

Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0120Q0277 provision 52.212-1 Instructions to Offerors ¿

Commercial Items for additional submission guidance, and include a copy of FAR provision

52.212-3 Offeror Representations and

Certifications -- Commercial Items with applicable sections completed.

Requests for Information Due: 16 September 2020 by 1200 PT to alexander_swift@fws.gov

Quotes Due: 16 September 2020 1400 PT

Mailed Quote Submission: Alex Swift ¿ Contracting and General Services

U.S. Fish and Wildlife Service, 911 NE 11th

Avenue, Portland, OR

97232

E-Mailed Quote Submission: alexander_swift@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for

Award Management (SAM) website

(https://www.sam.gov) as an active vendor by the time an award decision is necessary.

Period of Performance: 11/01/2020 to 10/31/2021

00010 Bio Tech 1 (11,080 hours)

Delivery: 10/31/2021

00020 Bio Tech II (8,720 hours)

Delivery: 10/31/2021

FOB: Destination

00030 Engineering Tech I (2,088 hours)

Delivery: 10/31/2021

FOB: Destination

00040 Data Manager II (2,088 hours)

Delivery: 10/31/2021

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140F0120Q0277

FOB: Destination

00050 Ecologist I (4,176 hours)

Delivery: 10/31/2021

FOB: Destination

00060 Ecologist II (2,526 hours)

Delivery: 10/31/2021

FOB: Destination

00070 Bio Tech I Overtime (2,348 hours)

Delivery: 10/31/2021

FOB: Destination

00080 Bio Tech II Overtime (1,272 hours)

Delivery: 10/31/2021

FOB: Destination

00090 Bio Tech Travel

Delivery: 10/31/2021

FOB: Destination

This is a firm-fixed price contract.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Alaska FES Services

FWS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service is seeking quotes for Fisheries and Ecological Services per included Performance Work Statement Data Collection, Analysis and Support Services.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2005-101. The NAICS code is 541620 and the small business size standard is $16.5 million.

Instructions All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the lowest price determined fair and reasonable” or “best value to the government when considering price (fair and reasonable) and (list other factors). Award will be made to a responsible source pursuant to FAR subpart 9.1. Options will be evaluated in accordance with FAR provision 52.212-2 – Evaluation -- Commercial Items.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with DUNS No. and point of contact phone number and e-mail address.

Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Requests for Information Due: 16 September 2020 by 1200 PT to alexander_swift@fws.gov Quotes Due: 16 September 2020 1400 PT Mailed Quote Submission: Alex Swift – Contracting and General Services

U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, OR 97232

E-Mailed Quote Submission: alexander_swift@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

Statement of Work

Statement of Work – Fisheries & Ecological Services Data Collection, Analysis and Support Services

1. Introduction

The Fisheries and Ecological Services Division (FES) in Region 7 of the U.S. Fish and Wildlife Service (Service) consists of a diverse group of cross-cutting programs that have varied responsibilities to understand and address complex issues such as fisheries management, endangered and threatened species, environmental contaminants, habitat protection and restoration, and marine mammal conservation and recovery. We deliver these programs and associated products through Fish and Wildlife Field Offices located across the state of Alaska, as well as through numerous partnerships with state agencies, universities, tribes, non-profits, private land owners and other stakeholders.

2. Objective The program objective is to assist the R7 Service FES Program in carrying out its stewardship responsibilities for protected species, birds, fish, marine mammals and habitats. Collectively, the services provided will facilitate implementation of agency mandates and assist in achieving the objectives of conservation of trust species and their associated habitats.

General areas of assistance to the R7 Service FES Program include:

• conducting literature reviews;

• collecting, compiling and analyzing data;

• conducting or participating in research and monitoring projects;

• developing field study plans and associated budgets;

• drafting responses, letters, reports and reviews;

• evaluating the effect of proposed actions on species and habitats;

• conducting and documenting site visits;

• entering data and conducting quality control reviews and querying databases to extract data or determine the status of actions;

• attending meetings, conferences, site visits;

• copying documents, compiling records (including responses to Freedom of Information

Requests and Administrative Records), organizing and maintaining filing systems (including electronic filing);

• conducting biological analysis of proposed actions;

• preparing maps and other geographical displays and analysis;

• preparing and distributing mass mailings;

• scanning files to a PDF format and filing or uploading to a FTP site and other services as required and necessary;

• providing meeting support including facilitation; organizing meetings including finding locations, assisting participants, preparing materials and a variety of support services during the meeting itself; taking meeting notes and other meeting products and outcomes.

• implementing habitat conservation, restoration and enhancement projects; and

• evaluating the effectiveness of management decisions on species and habitats.

3. Activities

3.1. Document Preparation and Presentation

Objective: To prepare responses to inquiries, white papers, reports and other documents.

Specific Activities:

• Prepare responses to requests for information on the presence of species and habitats, and analysis of potential impact to these from proposed projects and activities

• Compile and analyze biological information on species, habitats or threats

• Prepare PowerPoint presentations, fact sheets, reports, letters, and other documents

• Develop content for a variety of print and electronic publications

• Prepare materials for meetings

3.2. Technical Writing and Editing

Objective: To prepare scientific and policy documents and review and edit written documents.

Specific Activities:

• Prepare documents which include technical scientific information

• Edit documents to ensure accurate scientific information

• Edit documents to correct grammatical errors

• Edit documents to ensure consistency with agency guidance, format and policy

3.3. Information Collection, Review, Compilation and Analysis Objective: To collect information on species distribution and abundance, habitat quantity and quality and other information on natural resources, verify the accuracy of this data, and analyze it.

Specific Activities:

• Conduct literature reviews

• Conduct site visits to collect data in the field, including the use of boats, trucks, ATVs, aircraft

• Conduct field work including capturing fish and wildlife, collecting data, restoring habitat

• Enter data into databases and conduct quality assurance/quality control

• Conduct public opinion polls

• Analyze outreach metrics

• Gather and analyze economic and demographic information

3.4. Study Design & Statistical Analysis

Objective: Work with program biologists to ensure that proposed research projects are of sufficient scientific rigor and statistical design so as to provide meaningful results. Conduct power analyses to help identify the appropriate study characteristics including sample size, years of duration, number of replicates, etc. Work with program staff to analyze data collected in a timely and compete manner so that it is available for management purposes.

Specific Activities:

• Work with FES staff to ensure that all study proposals have specific, measurable, achievable, relevant and time-specific management objectives.

• Work with FES staff to ensure that all study proposals include a plan for the design, analysis, reporting and management of data.

• Work with staff within Ecological Services to develop study proposals for at-risk species which focus on key information needs to determine the current and likely future condition of such species.

3.5. Impact Analysis

Objective: Identify, evaluate and work to mitigate adverse impacts of proposed actions (e.g., dams, wind turbines, wave turbines, oil and gas development, and other structures and development projects) on resources and habitats.

Specific Activities:

• Review construction and design plans to determine potential impacts

• Make recommendations for modifications to avoid, minimize or mitigate potential impacts to Service resources

• Review and summarize literature for insights into how these structures and activities have impacted species and habitats in other locations

• Make recommendations for policy, guidance, and criteria for assessing projects

• Work with Partners internally and externally to implement projects for the benefit of fish and wildlife and their habitat

• Provide recommendations in issues associated with fish passage, stream flow analyses, study requests, monitoring and mitigation needs

4. Expertise Required to Carry out Activities As illustrated by the above list of activities, a wide range of administrative and technical services may be required under this statement of work. The labor categories and minimum qualifications that would be required to carry out all of the identified activities are as follows:

4.1. Ecologist

4.1.1 Level I: college degree in biology, wildlife management, natural resource management, environmental science or related field (equivalent to a GS 401/482/486-7)

4.1.2 Level II: college degree in biology, wildlife management, natural resource management, environmental science or related field and at least 2 years of related work experience (equivalent to a GS 401/482/486-9)

4.2. Biological Technician

4.2.1 Level I: some college courses in environmental biology or natural resources management (equivalent to a GS 401/482/486-4/5)

4.2.2 Level II: 3 or more years of college in environmental biology or natural resource management (equivalent to a GS 401/482/486-6/7)

4.3. Data Manager

4.3.1. Level I: College or other course work in data analysis, demonstrated experience in creating reports containing data analysis, preferably including a mapping component (GS 2210-7)

4.3.2. Level II: College degree involving statistics and GIS, formal course work and demonstrated experience in initiating and completing analytical projects including using ArcGIS knowledge and experience preferred (equivalent to a GS 2210-11)

4.4. Engineering Technician

4.4.1. Level I: college degree in engineering from a postsecondary institution accredited by ABET; minimum one year of automated drafting experience using AutoCAD Civil3D; minimum one year of entry level engineering fish passage design experience and an Engineer-In-Training (EIT) certificate issued by a state or the National Council of Examiners for Engineers and Surveyors or verification of passing the Fundamentals of Engineering (FE) examination. (equivalent to a GS- 0810 or 0819/9 or Alaska DOT&PF Engineering Assistant II)

4.4.2. Level II: college degree in engineering from a postsecondary institution accredited by ABET; minimum two year of automated drafting experience using AutoCAD Civil3D; minimum two year of entry level engineering fish passage design experience and an Engineer-In-Training (EIT) certificate issued by a state or the National Council of Examiners for Engineers and Surveyors or verification of passing the Fundamentals of Engineering (FE) examination. (equivalent to a GS- 0810 or 0819/11 or Alaska DOT&PF Engineering Assistant III)

5. Travel & Training

5.1. Travel within Alaska may be required. The Government will reimburse the contractor for allowable travel and subsistence costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR Subpart 31.205-46 Travel Costs. No travel time shall be charged for work performed within a 50 mile radius of the regular duty location. Per diem for travel on work assigned under this contract will be reimbursed consistent with company policy, but not to exceed the amount authorized in the Federal Travel Regulation (FTR).

5.2. In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Contracting Officer.

5.3. Specific training will be required as a pre-requisite to providing specific services.

Examples of these training include boat safety, bear/gun safety, CPR/first aid. The contractor will be expected to provide individuals with the required training. If a training is Service-specific, then it will be provided by the government.

5.4. The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by the FTR.

Distances traveled between points shall be calculated using electronic standard highway mileage guides. The contractor shall explain any deviations from distance shown in such standard mileage guides.

6. To be Provided by the Government

6.1. The Service shall provide to the Contractor user identifications and passwords to access the Service computer systems upon completion of the required data access forms, clearances, and training. The Service shall provide computers, office space, and supplies at its facilities as well as field supplies, equipment and housing. If training is required that is only available from the Service, it will be provided by the government.

6.2. If it is determined to be in the best interest of the Government, the Contractor may be authorized to use Government supply sources to provide supplies or equipment required for contract performance.

7. To be Provided by the Contractor

7.1. Any equipment that is procured to complete a task with funds provided from this acquisition shall become Government property. Also any data, databases, web sites or other products or programs developed under this acquisition shall become the property of the Government.

7.2. Liability insurance is the responsibility of the contractor.

7.3. The contractor shall provide the following:

7.3.1. Sufficiently skilled staff to accomplish the above activities in the required quantity and of the required quality.

7.3.2. PPE for contractors

7.3.3. In the event that the government allows the Contractor to be a driver or passenger in Government Owned Vehicles (GOV) boats, ATVs or other equipment, the Government is neither liable nor responsible for any injury or property damage experienced by Contractor.

7.3.4. Supervision of contractor staff.

8. Period of Performance The period of performance will vary by position and will begin when the individual(s) are hired and begin work and will extend for the number of hours determined by the government.

Base Year

1. Engineering Tech I - Prepare design documents, cost estimates and complete on-site inspections of fish passage improvement and habitat restoration projects involving replacement of undersized culverts, dam removals, and stream restoration projects. This position supports engineers, hydrologist, biologists and other regional staff to plan, design and construct habitat restoration projects.

The table below lists the number of hours by labor categories that may be exercised during that period.

Description

Stand-Alone Base Year Nov 1, 2020

– Oct 31, Biological Technician I 14,000 Biological Technician II 12,000 Data Manager I 4,176 Data Manager II 4,176 Ecologist I 4,176 Ecologist II 4,176 Engineering Tech I 2,088 Engineering Tech II

*Theses hours may be requested in the Base year of the contract.

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference 52.204-16 – Commercial and Government Entity Code Reporting

FAR Provisions – Full Text

52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible respondent whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance

(b) Options. The Government will evaluate quotes 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 quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Provision)

FAR Clauses by Reference 52.204-9 – Personal Identity Verification of Contractor Personnel 52.204-18 Commercial and Government Entity Code Maintenance 52.212-4 Contract Terms and Conditions – Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.245-1 – Government Property

FAR Clauses – Full Text

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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.]

[ ] (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).

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

3509).

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

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved] [ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[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).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (10) [Reserved] [ ] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Nov 2011) of 52.219-3.

[ ] (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

[ ] (ii) Alternate I (Jan 2011) of 52.219-4.

[ ] (13) [Reserved] [X] (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (Nov 2011).

[ ] (iii) Alternate II (Nov 2011).

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

644).

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

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

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Nov 2016) of 52.219-9.

[ ] (v) Alternate IV (Aug 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

[X] (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

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

[ ] (ii) Alternate I (July 2014) of 52.222-35.

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

[ ] (ii) Alternate I (July 2014) of 52.222-36.

[ ] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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).

[ ] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

[ ] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 [ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

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

[ ] (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

[ ] (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

[ ] (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I (May 2014) of 52.225-3.

[ ] (iii) Alternate II (May 2014) of 52.225-3.

[ ] (iv) Alternate III (May 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

[ ] (60) (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.

[ ] (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) [X] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (6) 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).

[ ] (7) 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).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (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).

(xiv) 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.)

(xv) 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)

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

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

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

(End of Clause)

52.217-4 -- Evaluation of Options Exercised at Time of Contract Award (Jun 1988).

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 the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of Provision)

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)

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 60 days

(End of Clause)

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 60 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.

PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to one stand-alone base year from 1 November 2020 through 31 October 2021.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (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 FAR42.15.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

http://www.cpars.csd.disa.milj/ http://www.cpars.csd.disa.mil/

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.

(h) 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.

Local Clauses

1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer 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 Contracting Officer will designate a Contracting Officer's Representative (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 Contracting Officer 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 Contracting Officer 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 Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause.

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