A.09.03_Solicitation_Amendment_0005_Conformed.pdf

SEE ADDENDUM

(No Collect Calls)

W81K04-16-R-0012 28-Jul-2016

b. TELEPHONE NUMBER

210-221-4976

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 23 Aug 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W81K049. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIRK M. WADSACK

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

W40M USA MEDCOM HCAA

CTR FOR HEALTH CARE CONTR

2199 STORAGE ST BLDG 4197 STE 68

JBSA FT SAM HOUSTON TX 78234-5074

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

210-295-4937FAX:

TEL: 210-221-5609

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

611430

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF104

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W81K04-16-R-0012

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES 08/11/16

The purpose of this amendment to the solicitation is as follows:

1. Addendum to FAR Provision 52.212-1, ITO, Paragraph 1.k. was modified to increase Volume III, Section C page count from 25 to 30 pages.

2. Addendum to FAR Provision 52.212-1, ITO, Paragraph 1.l. was modified for font and text of tables, charts, graphs and figures.

SUMMARY OF CHANGES 08/05/16

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 18-Aug-2016 04:00 PM to 23-Aug-2016 12:00 PM.

The following have been modified in Addendum to to 52.212-1:

Paragraph 1.k. is modified in Amendment 0004.

Paragraph 2.a.(5) was modified in Amendment 0003 but not incorporated into conformed modification.

Paragraph 2.b.(1)(c) was modified in Amendment 0003 but not incorporated into conformed modification.

Paragraph 2.c.(6)(c)(1) is modified in Amendment 0004.

(End of Summary of Changes)

SUMMARY OF CHANGES 08/04/16

The following have been modified in Amendment 0003:

ADDENDUM TO 52.212-1

Paragraph 2.a.(5) was revised in Amendment 0003, Addendum to FAR Provision 52.212-1, ITO, as follows:

(5) Responsibility Determination. To assist in determining offeror/contractor responsibility IAW FAR Part 9, the offeror shall provide evidence of adequate financial resources or of its ability to obtain required financial resources

(see FAR subpart 9.14-1(a)). Acceptable evidence consists of a commitment or explicit arrangement that will be in existence at the time of contract award. Acceptable evidence may include financial statements (balance sheet and income statements for the current period and prior fiscal year) or financial arrangements (resources to be used in support of contract performance such as internally generated funds, outside financing, or a combination of both).

Adequate financial resources are defined as the funds available to a business for spending in the form of cash, liquid securities and credit lines necessary to acquire needed facilities, equipment, or materials necessary for the successful completion of the contract.

Paragraph 2.b.(1)(c) was revised in Amendment 0003, Addendum to FAR Provision 52.212-1, ITO, as follows:

(c) Past Performance Questionnaire. For all contracts identified in Section 1, Contract Descriptions, a Past

Performance Questionnaire must be completed and submitted. The offeror shall complete Part I of the Past http://www.businessdictionary.com/definition/business.html http://www.businessdictionary.com/definition/spend.html http://www.businessdictionary.com/definition/form.html http://www.businessdictionary.com/definition/cash.html http://www.businessdictionary.com/definition/liquid.html http://www.businessdictionary.com/definition/securities.html http://www.businessdictionary.com/definition/credit-line.html

Performance Questionnaire and e-mail the questionnaire to the Government or commercial contracting activity or technical representative responsible for the past/current contract. The POCs shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contracting Office no later than the proposal due date, to kirk.m.wadsack.civ@mail.mil. The offeror shall include in Volume II, Past Performance, a list of all the POC’s who were sent a questionnaire. The POC List shall include the following fields: Solicitation

Number; Company Name; Contract Number; Government Agency; POC Last Name, First Name; POC Title; POC

Telephone Number; POC E-mail Address; and Date E-Mail to POC (month/day).

SUMMARY OF CHANGES 08/02/16

The purpose of this amendment is to incorporate the modified Past Performance Questionnaire.

Specifically, the first paragaraph was changed:

From: The following questions pertain to the contractor’s record of past (within the past three years) and current performance. The information that you provide will be used in the awarding of a federal contract. Therefore, it is important that our information be as factual and accurate as possible. Please provide examples and/or explanations

(use additional pages if necessary). The following adjectival ratings shall be used in your response.

To: The following questions pertain to the contractor’s record of past (within the past two years) and current performance. The information that you provide will be used in the awarding of a federal contract. Therefore, it is important that our information be as factual and accurate as possible. Please provide examples and/or explanations

(use additional pages if necessary). The following adjectival ratings shall be used in your response.

SUMMARY OF CHANGES 08/01/16

The purpose of this amendment is to incorporate the following changes/revisions:

Page 58 - The definition of “Customer Complaint” is revised in QASP, Paragraph 4.2 and reference to “Exhibit C” was removed from QASP, Paragraph 4.2.

Page 61 - Past Performance Questionnaire was incorporated into solicitation.

Page 64 - Instructions to Offerors, Paragraph 1.j. is revised.

Page 67 - Instructions to Offerors, Paragraph 2.b.(1) is revised.

Page 70 - Instructions to Offerors, Paragraph 2.d.(2) is revised.

Page 84 - Evaluation - Commercial Items, Paragraph 4.c. is revised.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Trainer Certification and Support.

FFP

The contractor shall provide train-the-trainer certification and support in accordance with (IAW) Performance Work Statement (PWS) paragraphs 5.1-

5.1.2.3 and associated Exhibits.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0001AA 32 Session Train-the-Trainer Certification.

FFP

The contractor shall conduct train-the-trainer certification courses IAW PWS paragraphs 5.1.1-5.1.1.4.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0001AB 48 Months Trainer Support.

FFP

The contractor shall provide trainer support IAW PWS paragraphs 5.1.2-5.1.2.3.

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Commercial Off-the-Shelf Customization.

FFP

The contractor shall customize and update its COTS self-awareness model IAW

PWS paragraphs 5.1.3-5.1.3.3 and associated Exhibits.

UNIT UNIT PRICE MAX AMOUNT

0002AA 1 Job Initial COTS Customization.

FFP

The contractor shall submit a COTS customization plan no later than (NLT) 15 days after contract award, and complete its COTS customization NLT 45 days following COR final review, IAW PWS paragraph 5.1.3.1.

UNIT UNIT PRICE MAX AMOUNT

0002AB 3 Job COTS Updates.

FFP

The contractor shall update its customized COTS model IAW commercial practice, to keep it current and relevant, and to include new Army Medical

Department (AMEDD)-specific doctrine, terminology and examples, IAW PWS paragraph 5.1.3.2 .

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

Senior Executive Training and Coaching.

FFP

The contractor shall provide senior executive self-awareness training, telephonic executive coaching and on-site application consultation IAW PWS paragraphs

5.2-5.2.4 and associated Exhibits.

UNIT UNIT PRICE MAX AMOUNT

0003AA 8 Session Self-Awareness Training.

FFP

The contractor shall provide senior executive self-awareness training sessions

IAW PWS paragraph 5.2.1.

UNIT UNIT PRICE MAX AMOUNT

0003AB 576 Hours Telephonic Executive Coaching.

FFP

The contractor shall provide individual telephonic executive coaching, for up to six total hours for each senior executive, IAW PWS paragraph 5.2.2.

UNIT UNIT PRICE MAX AMOUNT

0003AC 768 Hours On-Site Application Consultation.

FFP

The contractor shall provide on-site application consultation work group sessions for the application of the self-awareness strategies to AMEDD business actions, IAW PWS paragraph 5.2.3.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

Supplies.

FFP

The contractor shall provide only the most current updated or refined versions of training materials and aides, IAW PWS paragraphs 5.3-5.3.3 and associated

Exhibits.

UNIT UNIT PRICE MAX AMOUNT

0004AA 13,000 Set COTS Training Material

FFP

The contractor shall provide COTS training materials and supporting media products, IAW PWS paragraph 5.3.1, until such time as the customized COTS training material is made available. The contractor may propose alternative stepladder price structure for economies of scale (see stepadder price structure below).

STEPLADDER PRICING

STEPLADDER NAME ITEM NO FROM QUANTITY TO QUANTITY UNIT PRICE

0004AA 0004AA 1.00 1,000.00

1,001.00 5,000.00

5,001.00 10,000.00

10,001.00 13,000.00

UNIT UNIT PRICE MAX AMOUNT

0004AB 92,000 Set Customized Training Material.

FFP

The contractor shall provide customized COTS training material and supporting media products IAW PWS paragraphs 5.1.3-5.1.3.3, 5.3.1 and 5.3.2.. The contractor may propose alternative stepladder price structure for economies of scale (see stepadder price structure below).

0004AB 0004AB 1.00 10,000.00

10,001.00 30,000.00

30,001.00 60,000.00

60,001.00 80,000.00

80,001.00 92,000.00

UNIT UNIT PRICE MAX AMOUNT

0004AC 105,000 Package Training Aides.

FFP

The contractor shall provide COTS-available job aides, memory aides, internal marketing items and similar items, IAW PWS paragraph 5.3.1.1. The contractor may propose alternative stepladder price structure for economies of scale (see stepadder price structure below).

0004AC 0004AC 1.00 10,000.00

10,001.00 30,000.00

30,001.00 60,000.00

60,001.00 90,000.00

90,001.00 105,000.00

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Travel.

COST

Travel reimbursement for travel as required by PWS paragraph 1.9.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0005AA 1 Job Travel - FY17

COST

Travel Reimbursement for travel (FY17) as required in PWS paragraph 1.9.

UNIT UNIT PRICE MAX AMOUNT

0005AB 1 Job Travel - FY18

COST

Travel Reimbursement for travel (FY18) as required in PWS paragraph 1.9.

UNIT UNIT PRICE MAX AMOUNT

0005AC 1 Job Travel - FY19

COST

Travel Reimbursement for travel (FY19) as required in PWS paragraph 1.9.

UNIT UNIT PRICE MAX AMOUNT

0006 1 Job Shipping.

COST

Shipping reimbursement for shipping as required by PWS paragraphs 5.3.1-

5.3.3.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each Post-Award Conference.

FFP

The contractor shall attend and participate in a post-award conference to be conducted at Fort Sam Houston, TX after contract award.

UNIT UNIT PRICE MAX AMOUNT

0008 4 Each Contractor Manpower Reporting (CMR).

FFP

The contractor shall perform CMR IAW PWS paragraph 5.5 and associated

Exhibits, under Not Separately Priced terms.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0002 Destination Government Destination Government

0002AA Destination Government Destination Government

0002AB Destination Government Destination Government

0003 Destination Government Destination Government

0003AA Destination Government Destination Government

0003AB Destination Government Destination Government

0003AC Destination Government Destination Government

0004 Destination Government Destination Government

0004AA Destination Government Destination Government

0004AB Destination Government Destination Government

0004AC Destination Government Destination Government

0005 Destination Government Destination Government

0005AA Destination Government Destination Government

0005AB Destination Government Destination Government

0005AC Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 30-SEP-2016 TO

29-SEP-2019

N/A N/A

FOB: N/A

0001AA POP 30-SEP-2016 TO

N/A W3VY USA MEDCOM

2050 WORTH RD STE 3 BLDG 2792

FORT SAM HOUSTON TX 78234-6003

W45RBK

0001AB POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0002 POP 30-SEP-2016 TO

0002AA POP 30-SEP-2016 TO

N/A W3VY USA MEDCOM

2050 WORTH RD STE 3 BLDG 2792

FORT SAM HOUSTON TX 78234-6003

0002AB POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2016 TO

0003AA POP 30-SEP-2016 TO

N/A W3VY USA MEDCOM

2050 WORTH RD STE 3 BLDG 2792

FORT SAM HOUSTON TX 78234-6003

0003AB POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AC POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2016 TO

0004AA POP 30-SEP-2016 TO

31-MAR-2017

N/A W3VY USA MEDCOM

2050 WORTH RD STE 3 BLDG 2792

FORT SAM HOUSTON TX 78234-6003

0004AB POP 01-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AC POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005AA POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

0005AB POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0005AC POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 30-SEP-2016 TO

30-NOV-2016

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 30-SEP-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1. Stepladder pricing structures are applicable to SubCLINs 0004AA, 0004AB, and 0004AC.

2. The contractor may propose alternative stepladder pricing structure for economies of scale.

3. Quantities will be cumulative from order to order.

SCHEDULE OF ORDERING

1. Orders may be placed by any warranted contracting officer serving at the Health Readiness Contracting Office

(Provisional) (HRCO(P)).

2. Orders against this contract may be placed by mail, facsimile, or through electronic commerce including e-mail in accordance with terms and conditions of contract.

MINIMUM GUARANTEE

The minimum guarantee amount is $1,500.00. The estimated contract value is $14,000,000.00 for the three-year ordering period. The maximum dollar amount is $14,000,000.00 for the three-year ordering period.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-4

(w) Task Order Ordering Procedures.

(1) Task Order Specific Documents: When ordering services under a single award task order contract (SATOC), ordering office(s) will supply the prime contractor with the following task order specific documents: a Performance

Work Statement (PWS) and Exhibits (see below). The ordering offices(s) will utilize the following outline for task order documentation preparation:

PWS Format:

1. General

2. Definitions and Acronyms

3. Government Furnished Items and Services

4. Contractor Furnished Items and Responsibilities

5. Description of Work

6. Applicable Regulations and Manuals

7. Exhibits and Attachments

Exhibits/Attachments:

Exhibit A: Performance Requirement Summary

Exhibit B: A survey that will be used for the evaluation of the course provided by the participants.

Exhibit C: Non-Disclosure Agreement provided to the contractor prior to beginning performance.

(2) Options on Task Orders: Task orders may include options when the options are clearly stated in the requirement; the options are evaluated as part of the ordering office’s best value determination and the periods of performance of the options do not extend beyond the date specified in FAR Clause 52.216-22, paragraph (d).

[End of Ordering Procedures]

(x) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014

52.219-14 Limitations On Subcontracting NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-29 Notification Of Visa Denial APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-41 Service Contract Labor Standards MAY 2014

52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.228-7 Insurance--Liability To Third Persons MAR 1996

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7041 Correspondence in English JUN 1997

252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.229-7002 Customs Exemptions (Germany) JUN 1997

252.229-7003 Tax Exemptions (Italy) MAR 2012

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in

Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or

“proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the

Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with

Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the

Contracting Officer.

(End of clause)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of

6 U.S.C. 395(c).

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting

Officer within five business days from the date of the inversion event.

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed or the overtime premium is paid for work --

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $4.8 million;

(2) Any order for a combination of items in excess of $4.8 million; or

(3) A series of orders from the same ordering office within 30days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 29 Sep 2020.

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 of contract expiration.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with

29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor

Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of

Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in

(b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''

(b) This required employee notice, printed by the Department of Labor, may be--

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance

Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR

Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of

January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive

Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of

Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of

Labor, to enter into such litigation to protect the interests of the United States.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Accounting Clerk II $12.10 $4.72

General Clerk II $10.78 $4.27*

Travel Clerk I $11.93 $4.65

Illustrator I $13.54 $5.28

Media Specialist II $13.54 $5.28

Computer Programmer I $13.54 $5.28

Material Coordinator $11.37 $4.43

Shipping Packer $ 9.70 $4.27*

Technical Writer III $24.83 $9.68

*The minimum Health and Welfare Fringe Benefit rate under the Department of Labor for employees under the

Service Contract Act (SCA).

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

``United States'' means the 50 states and the District of Columbia.

``Worker''--

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order

13658, and --

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the

Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training

Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of

Apprenticeship.

(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United

States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's

Wage and Hour Division (the Administrator) will publish annual…