Sol_140F0521Q0008.pdf
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- Curriculum Developer for Law Enforcement Federal contract opportunity
- Solicitation number
- 140F0521Q0008
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| Sol_140F0521Q0008_Amd_0001.pdf | ||
| Solicitation Documents.pdf |
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140F0521Q0008
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
01/11/2021
1 17
300 WESTGATE CENTER DRIVE
SUITE 310
Hadley MA 01035-9589
FWS, DIVISION OF CONTRACTING AND GE
12/31/2021
413 253-8782Ryna Russell
01/19/2021 1100 ET
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Curriculum Developer for Law Enforcement (Refer to attached Synopsis, Statement of Work, and Terms & Conditions for details)
Synopsis (2 pages) Statement of Work (4 pages) Terms & Conditions (9 pages)
Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 17
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140F0521Q0008
Legacy Doc #: FWS
00010 Curriculum Developer for Law Enforcement
Base Year
Delivery: 12/31/2021
00020 Curriculum Developer for Law Enforcement
Option Year One
(Option Line Item)
01/25/2021
Delivery: 12/31/2021
00030 Curriculum Developer for Law Enforcement
Option Year Two
(Option Line Item)
01/25/2022
Delivery: 12/31/2021
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
FBO Combined Synopsis – 140F0521Q0008
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation number 140F0521Q0008 is issued as a request for quotation (RFQ), is posted on https://beta.sam.gov and can be found by entering the solicitation number in the keyword search field. The anticipated award date is within 5 days after the close of this announcement.
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation, FAC Number 2021-02, Effective 11-23-2020.
This requirement is being solicited as a 100% Small Business Set-Aside. The applicable North American Classification System (NAICS) code is 611710 Educational Support Services. The small business size standard is $16.5 Million.
The Government intends to award a firm fixed price contract resulting from this combined synopsis/solicitation.
Line Item Description(s):
Line Item: 00010 Curriculum Developer for Law Enforcement Base Year
Line Item: 00020 Curriculum Developer for Law Enforcement Option Year One
Line Item: 00030 Curriculum Developer for Law Enforcement Option Year Two
Period of Performance:
The period of performance includes a one-year base period plus two (2) one-year option periods.
The estimated award date is January 2021.
Location of Work: (if applicable) Work to be performed in Glynco, GA, however, this is an approved telework position.
Terms & Conditions:
The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition
• The provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition (refer to terms and conditions for details)
• Offerors must include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications-Commercial Items and submit with its offer.
• The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition https://beta.sam.gov/
FBO Combined Synopsis – 140F0521Q0008
• The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition (refer to terms and conditions for details)
Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are attached in the Terms & Conditions document.
The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/ or see terms & conditions attached to the solicitation.
Submission Dates:
Questions regarding this Solicitation must be submitted in writing to the Contracting Officer, Ryna Russell at ryna_russell@fws.gov no later than 11:00am, EST, Thursday, 01/14/2021. If necessary, questions received will be answered through an Amendment to this Solicitation.
Quotes must be transmitted via e-mail to the Contracting Officer, Ryna Russell at ryna_russell@fws.gov, no later than 11:00am EST, Tuesday, 01/19/2021.
Submission Documents:
Offerors responding to this solicitation must submit the following documents:
• SF 18: Provide a completed SF 18 with signature.
• SF 30: If applicable, provide signed amendments (SF30)
• Resumes: Provide a resume for each individual that you want considered for award.
Resumes must include technical experience, qualifications, education, job related training and references.
• Price Proposal: Provide a proposal to include “annual” pricing based on 1160 hours per year.
Include prices for each year (base year plus two option years).
Contracting Officer/Office:
Ryna Russell, Contracting Officer U.S. Fish & Wildlife Service – Hadley, MA Joint Administrative Operations (JAO) | Acquisition Goods and Services Operations
Attachments:
1. Statement of Work (4 pages)
2. Terms & Conditions (9 pages) https://www.acquisition.gov/far/ mailto:ryna_russell@fws.gov
Statement of Work (SOW) – Page 1 of 4 Request for Quote – 140F0521Q0008
U. S. FISH AND WILDLIFE SERVICE
Department of Interior
U.S. Fish and Wildlife Service Office of Law Enforcement
Branch of Training and Inspection
STATEMENT OF WORK
CURRICULUM DEVELOPER
SCOPE
The contractor will independently provide support and developmental services to satisfy the overall law enforcement operational training objectives and the facilitation of student training records into ACADIS from the United States Fish and Wildlife Service, Office of Law Enforcement (FWS). The primary objective of this position is to support the FWS, Branch of Training & Inspection (BTI). The BTI is responsible for scheduling the law enforcement training and maintaining student records for the FWS.
FWS is currently in the process of researching, developing, implementing and scheduling the approved FWS basic and advanced law enforcement training programs for both domestic and international partners utilizing Envisage Technologies. The management of these law enforcement training programs, student registration and records, along with student testing and surveys, will come under the purview of the BTI.
This position will facilitate the coordination of these processes between the FWS and Envisage Technologies. This position will assist program managers with lesson plan development, research and learning management systems.
TASKS/SERVICES
The contractor shall:
Develop a format that incorporates the Instructional Systems Design (ISD) process to analyze, design, develop, implement and evaluate the law enforcement training requirements and needs of the FWS and its partners.
Develop a process that captures all the necessary business rules associated with the FWS law enforcement training programs to include the essential sequential requirements needed to ensure a building block process is recognized and implemented into the law enforcement training programs.
Utilize the information captured in the ISD process to build the FWS law enforcement model training schedules utilizing the essential business rules in the Envisage Technologies – ACADIS – Commercial off the Shelf (COTS) scheduling and student records system.
Utilize the information that is currently residing in the FWS Law Enforcement Management Information System (LEMIS) and develop a data migration plan to import the training records from LEMIS into ACADIS ensuring all critical information is transferred.
Develop procedures that will best facilitate the ISD process into the revision of the existing FWS basic and advanced training programs. This process will ensure that the law enforcement course descriptions are supported by the Terminal Performance Objectives (TPO) and the Enabling Performance Objectives (EPO) which will then be entered into ACADIS.
Establish a process to develop and analyze law enforcement training program test questions based on the approved EPOs associated with the FWS basic and advanced law enforcement training courses.
Develop and implement a process that will permit the collection of critical student demographic information from the FWS students, as well as their domestic and international students, that will be implemented, utilized, stored and retrieved from the secure ACADIS online registration system.
Statement of Work (SOW) – Page 2 of 4
Utilize the Envisage Technologies ACADIS Scheduler to schedule the FWS law enforcement training programs, both domestically and abroad. This will include facilitating the course descriptions, TPOs, EPOs, lesson plans, PowerPoint presentations, electronic and paper examinations, Level I and Level III surveys for the training programs along with student registration into ACADIS.
Develop and provide training to the FWS and contract employees on the use and functionality of
ACADIS.
Under the guidance of the specific program managers, provide support and functionality to the BTI learning management system (LMS) selected by BTI.
Establish and maintain FWS liaison with the leadership, training divisions and the support staff at the Federal Law Enforcement Training Centers (FLETC), the National Conservation Training Center (NCTC) and the International Law Enforcement Academies (ILEAs) to assist in facilitating the FWS law enforcement training programs.
Utilize good judgment and make decisions that are in the best interest of the mission, FWS and BTI in order to accomplish the proposed job.
KEY PERSONNEL
Key personnel (instructor) hired for this contract are considered to be essential to work performance. The curriculum developer must submit in writing at least 45 days prior to postponement or cancellation of any requested travel for inability to perform. The instructor shall notify the Contracting Officer (CO) and SAC of BTI and submit a justification for travel or inability to complete required work and the impact on performance under this contract. The instructor shall not divert or otherwise replace key personnel on training missions without the written consent of the SAC of BTI.
DELIVERABLES
• Facilitate FWS ISD processes.
• Conduct FWS curriculum development and revision conferences.
• Develop a process that captures necessary model schedule business rules.
• Build the FWS law enforcement model training schedules utilizing the Envisage Technologies –
ACADIS – scheduling and student records system.
• Develop a data migration plan to import the FWS training records from LEMIS into ACADIS ensuring all critical information is transferred.
• Develop procedures that will best facilitate the ISD process into the revision of the existing FWS basic and advanced training programs.
• Establish a process to develop and analyze FWS law enforcement training program test questions.
• Develop and implement a process that will permit the collection of critical student demographic information utilizing the secure ACADIS online registration system.
• Utilize the Envisage Technologies ACADIS Scheduler to schedule the FWS law enforcement training programs both domestically and abroad.
• Provide training to the FWS and contract employees on the use of ACADIS.
• Provide support to FWIP programs utilizing a LMS.
• Establish and maintain FWS liaisons with FLETC, NCTC, FWIP program managers and the ILEA staff.
Statement of Work (SOW) – Page 3 of 4
TECHNICAL EXPERIENCE & QUALIFICATIONS REQUIRED
The below areas of expertise are required for key personnel (instructor):
• Comprehensive knowledge and law enforcement experience with state, Federal and foreign laws, statutes, regulations, and treaties including but not limited to, Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), Lacey Act, and the Convention on the International Trade of Endangered Species (CITES) involving the take, transport, import, export, and humane shipment of wildlife.
• Extensive experience with working with the Federal Law Enforcement Training Center and the National Conservation Training Center in developing and delivering wildlife focused curriculum and training.
• Prior law enforcement
• Prior law enforcement training
• Prior law enforcement Instructional Systems Design
• Prior curriculum design, development, implementation and revision
• Prior model schedule development and implementation
• Prior survey development
• Prior ACADIS administration and scheduling
• Proficiency in the use of Envisage Technologies – ACADIS scheduling system
• Knowledge of fax machines, printers, copy machines, computers, etc.
• Proficiency in Microsoft Office software programs, i.e., Excel, Word, etc.
PERIOD OF PERFORMANCE
The period of performance includes a one-year base period plus two (2) one-year option periods. The estimated award date is January 2021.
PLACE OF PERFORMANCE
The place of performance is Office of Law Enforcement, Branch of Training and Inspection, Federal Law Enforcement Training Centers (FLETC), Glynco, GA This position is an approved telework position.
OPERATIONAL HOURS
Work will normally be performed up to 24 hours per week during normal business hours, Monday-Friday, excluding Federal holidays for a total of 1160 hours. This position may be required to work 40 hours per week periodically but not to exceed 1160 hours per year.
OVERTIME
Overtime / Compensation (Comp) Time is not authorized.
GOVERNMENT-FURNISHED EQUIPMENT, BADGE, KEYS AND/OR FACILITIES
PROVIDED
The Government will provide the awarded contractor a Personal Identity Verification (PIV) card and a computer to include monitor. Contractors are responsible to provide their own internet. Contractors need to have access to a phone or use of Microsoft TEAMs for work related communication. Contractors may only maintain work product on their Government issued computer or the Branch of Training server.
Statement of Work (SOW) – Page 4 of 4
SECURITY CLEARANCE/POLICE CHECK/DRIVING RECORD CHECK
A background investigation will be completed at the time of Government Identification submission. The background check will include fingerprints and a National Crime Information Center (NCIC) check unless awardee can provide current background security clearance equivalent.
REIMBURSABLE EXPENSES (TRAVEL, CONFERENCE, TRAINING, EQUIPMENT OR
MATERIALS, ETC.)
Travel may be required to attend training sessions and BTI meetings. The contractor will be required to travel to other locations in support of the tasks described in this statement of work. Prior to incurring any travel expenses, contractor personnel must obtain written authorization from the Project Officer that approves approximate travel, dates, expected duration, origin and destination, purpose, estimated costs and the number and names of personnel traveling.
Contractor reimbursement expense reports shall be prepared and processed in accordance with the Federal Travel Regulation (FTR) as prescribed by the General Services Administration (GSA) and the per diem rates for each locality visited. Refer to FAR 31.205-46 for details. Per Diem rates can be found at the following site: https://www.gsa.gov/travel/plan-book/per-diem-rates.
TASK TYPE
Labor-Hour (Actual hours worked)
GOVERNMENT TECHNICAL POINT OF CONTACT (POC)
The Government technical POC will provide general instructions on report limitations/deadlines and is responsible for administration of the contract to include inspection and acceptance of deliverables.
Valarie Reinholz Program Analyst, Law Enforcement U.S. Fish & Wildlife Service E-Mail: valarie_reinholz@fws.gov Office: (912) 580-7999
GOVERNMENT CONTRACTING OFFICER
Only a duly authorized Contracting Officer may change or modify the terms of a contract. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.
Ryna Russell Contracting Officer, Goods & Services Operations U.S. Fish & Wildlife Service Email: ryna_russell@fws.gov Office: (413) 253-8782 https://www.acquisition.gov/far/31.205-46 https://www.gsa.gov/travel/plan-book/per-diem-rates mailto:valarie_reinholz@fws.gov
Terms & Conditions – RFQ 140F0521Q0008
TERMS & CONDITIONS
DEPARTMENT OF INTERIOR (DOI)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS
Invoice Processing Platform (IPP) (April 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
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice: Upload a hardcopy/pdf of your invoice into IPP
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) within 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 Contracting Officer with its proposal or quotation.
(End of local Clause)
52-252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/browse/index/far
Provisions Incorporated by Reference 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance
Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov
2015) 52.212-1 Instructions to Offerors -- Commercial Items (Jun 2020) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Nov 2020) 52.217-5 Evaluation of Options (Jul 1990)
52.219-1 Small Business Program Representations (Nov 2020) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran—Representation and Certifications (Jun 2020)
Provisions Incorporated by Text
52.204-20 Predecessor of Offeror (Aug 2020)
(a) Definitions. As used in this provision–
Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
contract or grant within the last three years.
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ________________________(or mark "Unknown").
Predecessor legal name: _________________________________________
(Do not use a "doing business as" name).
(End of provision)
52.212-2 - Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Offeror’s must demonstrate the qualifications of key personnel with respect to the following evaluation factors listed in descending order of importance with evaluation factor one (1) being most important.
1. Prior Technical Experience & Qualifications (refer to page 3 of the Statement of Work)
2. Price
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
https://www.acquisition.gov/browse/index/far
Clauses Incorporated by Reference 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-2 Security Requirements (Aug 1996) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-3 Continuity of Services (Jan 1991)
Clauses Incorporated by Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Nov 2020)
(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77 and 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 (Jun 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Jun 2020) (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 (Mar 2020)
(15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) 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 (Jun 2020) (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 (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar
2020) (15 U.S.C. 657 f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020)
(15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C.
637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020)
(E.O. 13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496).
X (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40)(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.
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
__ (43)(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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun
2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49)(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.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 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).
__ (52) 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).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)
(42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)
41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
__ (63)(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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
__ (3) 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).
__ (4) 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).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)
(29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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 and 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 (May2014) (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 (Nov 2020).
(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 (Jun 2020) (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)
52.217-8 - Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within (30) days of the contract completion date.
(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 (30) days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least (30) 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, (6) months.
(End of clause)
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