Solicitation.pdf
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- Attached to
- OPTION - Cadet Mess Uniforms Federal contract opportunity
- Solicitation number
- W911SD-18-R-0002
- Issued by
- Department of the Army
About this file
This is an award notice for a firm fixed-price contract to provide cadet mess hall uniforms and cleaning services at the United States Military Academy in West Point, New York. The contract has a one-year base period of performance from April 1, 2018 through March 31, 2019, with four one-year option periods to extend through March 31, 2023. Services required include providing rental uniforms, embroidered logo shirts, weekly uniform cleaning and pressing, and locker storage for 87 full-time employees. The contractor must accept fixed prices for uniforms, white aprons, short-sleeve shirts, long smocks, and a contractor manpower report for the base and option years. The solicitation will be conducted as a small business set-aside on the FedBid reverse auction platform, with the award being made to the responsible offeror providing the lowest evaluated price.
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W911SD18R0002
SEE ADDENDUM
(No Collect Calls)
W911SD18R0002 28-Feb-2018
b. TELEPHONE NUMBER
845-938-4416
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 26 Mar 2018
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 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.
W911SD9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
BRYAN RYMER
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
0011115982
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MICC - WEST POINT
681 HARDEE PLACE
WEST POINT NY 10996-1514
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 W16XX9 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
CADET MESS
ROBERT RAAP
BUILDING 745A
WASHINGTON HALL
WEST POINT NY 10996
TEL: 845.938.4719 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$32,500,000
NAICS:
812331
X
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 OF76
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.
ge 3 eetl
Section SF 1449 - CONTINUATION SHEET
PRS
PERFORMANCE REQUIREMENTS SUMMARY.
PRS. The rights of the Government and remedies described in this PRS are in addition to other rights and remedies set forth in the contract. The Performance Requirements Summary lists the Required Services (RS), the acceptable level of performance by which the Government will measure contractor performance, the allowable degree of deviation from perfect performance and the method which will be used to determine the amount of deduction from the maximum payment.
Specific Task ALP Method Deduct Para 1.1 Provide 13 sets of pants, shirts, and aprons for each employee
3 defects
100% inspection of the items provided
1% of previous month’s receipts for each occurrence
Para 1.3 Each uniform shirt shall have embroidered logo
3 defects
1% of previous month’s
Para 1.2 Provide lockable locker with key for each employee
1 defect
5% of previous month’s
Para 3.0 Pick up soiled clothing weekly and return exact number to each employee
1 defect 100% inspection of the items provided
Para 3.0 Returned uniforms shall be cleaned and pressed
1 defect 100% inspection of
A-T OPSEC
CONTRACT REQUIREMENTS Anti-Terrorism Operations Security COVER SHEET Requirements Package: CADET MESS HALL UNIFORM RENTAL AND CLEANING Date: 11/27/2017 Section I.
Purpose of cover sheet: To document the review of the requirements package, statement of work (SOW), quality assurance surveillance plan and any applicable source selection evaluation criteria for antiterrorism (AT) and other related protection matters to include, but not limited to: AT, operations security (OPSEC), information assurance (IA)/cyber security, physical security, law enforcement, intelligence, foreign disclosure.
Army policy requirement: A signed AT/OPSEC cover sheet is required to be included in all requirements packages except for supply contracts under the simplified acquisition level threshold, field ordering officer actions and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold.
Mandatorv review and signatures: The requiring activity antiterrorism officer (ATO) must review each requirements package prior to submission to the supporting contracting activity to include coordination with other staff elements for review as appropriate per section II below. If the requiring activity does not have an ATO, the first ATO in the chain of command will review the contract for considerations. An OPSEC officer and Information Officer review is also mandatory.
Section II. Standard Contract Language Provision/Contract Clause Text Applicability and/or Additional SOW Language. If standard contract or clause language found on page 2 (Section IV) of this form is sufficient to meet specific contract request requirements, check "yes" in block below and include this language in the SOW. If standard contract text (provisions or clauses) or clause language does not apply, check "no." If the standard SOW language applies, but is not in of itself sufficient, check "yes" and "SOW" and include both the standard language and additional contract specific language in the SOW. If standard contract text or clause language is not desired, but there is related contract specific language in the SOW, check "no" and "SOW." If yes is marked for items 1,3, 4, 7, 8, 12 or 13, training is required. Mandatory training must be measured as a deliverable and evaluated in the QASP.
1 AT level 1training (general) YES XX NO sow ge 4 eetl
2 Access and general protection policy and procedures xx YES -NO xx sow
2a. For contractor requiring Common Access Card (CAC) YES XX NO sow 2b. For contractor not eligible for CAC, but requires access to DoD facility or installation. xx YES - xx sow 3 AT awareness training for US based contractor personnel traveling overseas.
YES XX NO
sow 4 iWATCH training xx YES -NO xx sow S. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems.
YES XX NO
sow
(a) For contracts that require a formal OPSEC program.
YES XX NO sow
(b) Requirement for OPSEC training _YES
XX NO _sow
(c) Information assurance/informati on technology training
(d) Information assurance/informati on technology certification
YES XX NO _sow YES XX NO _sow
(e) Contractor Authorized to Accompany the Force cluase YES XX NO sow
(f) Contract requiring performance or delivery in a foreign country YES XX NO sow
(g) Handling/Access to Classified Information YES XX NO sow
(h) Threat Awareness Reporting Program YES XX NO sow
(i) Delivery of Food and Water YES XX NO sow Section Ill. Cadet Mess Hall uniform rental and cleaning for the Cadet Mess, Bldg 74SA, West Point, NY, 10996. In accordance with ATTP 4-10 (FM 3-100.Zl) the Installation ATO provided (attached document) the COR with required clauses to be added to the Statement of Work. Without the attached clauses included, it will invalidate the signatures on this document.
••A successful NCIC Illbackground check must be completed on all contractors and sub-contractors prior to the execution of work for this contract
Antiterrorism Review Signature: I am an ATO (Level II Certified) and have reviewed the requirements package and understand my responsibilities in accordance with Army Ri43tion S2S-13, Antiterrorism .
Reviewer M dy, GS-12 Date 11/27/2017 Typed or print e, rank/civ grade
Phone Number 84S-938-36SO n
Operations Securifylfeview Signature: Iam NOT OPSEC level II certified however, I have reviewed the requirements package, and it is in compliance with Army Regulation S30-1,Operotym'¥security .
Reviewer MatthewlltJf_dy, GS-li Date 11/27/2017
Typed or prin
'/P'f/ / k/civ grade
Phone Number 84S-938-36SO
Siu(J(ure /
Information AssuraltEe Review Signature: Iam NOT IAM and IAT level Ill certified and have reviewed the requirements package and it is in compliance with DOD 8S70.0l-M and DOD 8S80-1 para 4.
Reviewer_Matthew Cassidy GS-12 Date Phone Number 84S-938-36SO
Typed or printed name, rank/civ grade ge 5 eetl
Signature
Section IV. Standard Contract lLanguage//Contract/ Clause Aplplicability and / or Aditional SOW Language.
(c) AT Level I training. This standard language isfar cantractar employees with an area of performance within an Army controlled installation, facility or area . All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: htt1rlliko.jten.mil
(d) Access and general protection/security policy and procedures. This standard language isfor contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements {FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition {FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
2a. For contractors requiring Common Access Card {CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries {NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05.
The contractor employee will be issued a CAC only If duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index {NCIC-111) and Terrorist Screening Database {TSDB) {Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures {provided by government representative), or, at OCON US locations, in accordance with status of forces agreements and other theater regulations.
(e) AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility {AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.
(f) IWATCH Training. This standard language Is far cantractar employees with an area af performance within an Army contra/led installation, facility ar area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.
(g) Army Training Certification Tracking System {ATCTS) registration for contractor employees who require access to government information systems. Ali contractor employees with access to a government information systems must be registered in the ATCTS {Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.
(h) For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure {SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level IIOPSEC coordinator per AR 530-1.
(i) For contracts that require OPSEC Training. Per AR 530-1 Operations Security , the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.
(j) For information assurance (IA)/informatlon technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in Do DD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions.
(k) For information assurance (IA)/lnformation technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.
(l) For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S.
Armed Forces Deployed Outside the United States . The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training {per combatant command guidance), and personnel data required.
(m) For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US . The clause shall be used In solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives.
(n) For contracts that require handling or access to classified information. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified "Confidential," "Secret," or "Top Secret" and requires contractors to comply with- (1) The Security Agreement {DD Form 441), including the National Industrial Security Program Operating Manual {DoD 5220.22-M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.
(o) Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program {TARP), contractor employees must receive annual TARP traininl! by a Cl al!ent or other trainer as specified in 2-4b of AR 381-12. 14.
with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and I or Law enforcement Officials. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to insure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading. Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.
PWS
PERFORMANCE WORK STATEMENT
UNITED STATES MILITARY ACADEMY WEST POINT, NY
CADET MESS HALL UNIFORM RENTAL AND CLEANING
1.1 General: Contractor shall provide rental uniforms and cleaning service to Cadet Mess Hall employee.
4.1 Maintain thirteen (13) sets of clothing (shirts & pants) each for 87 full time employees. The contractor shall also provide thirteen (13) sets of cloth, full size aprons, bib style, that cover approximately from shoulder height to knees. The cleaning/laundering of uniform items shall be by piece count.
4.2 The drop off and pick up point for the uniforms will be at Cadet Mess, Bldg 745A, West Point, NY, 10996. The contractor shall provide a new set of lockable lockers for the storage of the uniforms, providing each employee with a key while maintaining a master key. The lockers shall be of such size to fully support and accommodate the number of items issued/dropped off each time. The contractor shall be responsible for maintain and up-keeping of these lockers so that they are all kept in a serviceable condition. Any damage shall be reported as soon as noticed.
4.3 The Contract Officer’s Representative (COR) for this requirement will be identified in the award document and will be the Contractor’s Point of Contact for access to West Point and provide pick up delivery and pickup locations, and will also maintain a master key for security purposes
1.2 Sizes: Provide an assortment of sizes to fit employees.
1.2.1 The contractor will provide at least one sample uniform in each size, for employees to try on, for sizing. The contractor will size all uniforms to fit individual requirements. The Contractor shall call one week prior to coordinate date and time of fitting with the COR.
1.2.2 The Cadet Mess will provide individual sizes to the contractor to support employees who cannot be present for sizing and for temporary hires.
1.3 Logos: Names
1.3.1. The Contractor shall provide a custom 3” in diameter embroidered logo and affix to each shirt, smock & chef coat uniform. The COR will review and approve the logo. Logo sample/photo shall be provided by the Government.
1.3.2. Each Shirt, Smock & Chef Coat shall have the employee’s name embroidered over the pocket.
2.1 Types of Uniforms
2.1.1. Two (2) uniforms shall meet the following specs:
(1) Euro collar and cuffs
(2) Long sleeves with rounded turn-up cuffs
(3) Left breast pocket
(4) Divided thermometer pocket on left sleeve
(5) Eight cloth knot buttons
(6) ) White with black piping on collar and cuffs
(7) 65% polyester/35% cotton twill
(8) Black pants
(9) Regular cooks white shirts (short sleeve)
2.1.2. Five (5) uniforms will meet the following specs:
(1) Reversible closure
(2) Left breast pocket
(3) Short sleeves
(4) ) White with eight cloth knot buttons
(5) 65% polyester/35% cotton twill
(6) Black pants
(7) Regular cooks white shirts (short sleeve)
2.1.3. Eighty (80) uniforms will meet the following specs:
(1) 80% polyester/20% cotton poplin
(2) Left breast pocket
(3) ) White with snap front closure
(4) Deluxe pants, two front set-in side pockets. Two back welt pockets, Reinforced crotch, Permanent creases, Button closure, Zipper front, 65% polyester/35% cotton woven check.
3.0 The Contractor shall pick up soiled clothing weekly, note the quantity and type for each individual and return the exact same quantity cleaned and pressed (wrinkle free). The specific day and time for clothing pickup to be coordinated between the Contractor and the COR.
The contractor shall provide a weekly report to the COR that will give a listing by employee of all items turned in for cleaning. It will list any items that were damaged and/or replaced.list
4.0 The Contractor shall provide any necessary forms to be utilized to identify clothing requiring repairs or replacement. The COR will notify the Contractor of employee turnover. The Contractor shall submit an information invoice to the COR.
5.1 Uniform rental of white aprons:
5.1.1. Aprons, shirts and pants shall be placed in each individual’s locker to maintain accountability.
5.1.2. The number of aprons for each full time employee (87) is 13 per employee and priced in CLIN 002.
6.0. The quantity of 27 weeks for the base period CLINs is estimated. It is based on the period of performance commencing on the date indicated. The starting date for the base period of performance was estimated and is dependent on various factors, i.e. the length of time needed to obtain employee measurements, to obtain logo approval, to affix identification and logo to uniforms, to provide and set up lockers and to issue uniforms and aprons. Performance for payment purposes commences with the complete locker set up and issuance to the employees of the uniforms in accordance with the statement of work.
7.0 SPECIFICATIONS:
7.1 SIZES:
(1) The contractor will size all uniforms to fit individual requirements.
(2) Cadet Mess will provide individual sizes upon award of contract.
7.2. LOGO:
(1) The contractor will provide custom embroidered logo and affix to each uniform.
8.0 USEFUL LIFE:
8.1. The appearance, cleanliness and quality of the uniforms provided by the contractor are of significant importance to image projected by USMA’s personnel. Uniforms received that exhibit conditions including, but not limited to, fraying, rips, fading, remain stained after washing or any condition that indicates the uniform article has reached the end of its useful life will be rejected and will be replaced by the contractor within 24 hours of notification by the COR. At the time of pick-up of the uniforms by the Contractor, the Contractor's personnel will advise the COR of any uniforms that exhibit any damage beyond normal use caused by USMA personnel.
PERFORMANCE REQUIREMENTS SUMMARY.
PRS. The Performance Requirements Summary table lists the Required Services (RS), the standard of performance by which the Government will measure contractor performance, the allowable degree of deviation from perfect performance, the primary surveillance methods the Government will use to evaluate the Contractor’s performance in meeting the contract requirements, and the method which will be used to determine the amount of deduction from the maximum payment.
Surveillance Methods. The primary method of surveillance the Government will use to evaluate the contractor’s performance is provided in the PRS table. The Government is not restricted to using only the method shown. The Government may supplement and/or modify the primary surveillance method and frequency of inspections as it deems necessary. The methods of surveillance that may be used are:
100% Inspection. An evaluation method that requires complete inspection.
Planned Inspection. An evaluation method where less than 100% is inspected.
Valid Customer Complaints. Customer Complaints constitute a surveillance method based on customer awareness and satisfaction, and is mainly used to supplement other surveillance methods. Customers familiar with contract requirements notify the Government when there is a case of poor performance or nonperformance. Upon notification, the Government investigates the report and, if valid, documents the performance problem, notifies the contractor and the Contracting Officer.
Contractor Self-Reporting. The contractor provides a weekly, or as often as necessary, update to the designated government representative on progress made towards meeting the documented objectives.
EVALUATION CRITERIA
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
II. Addendum to FAR Clause 52.212-2 Evaluation – Commercial Items
Evaluation Factors for Award
a. Basis for Contract Award. This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS).
The test program authorized under FAR Subpart 13.5 is applicable to this acquisition. Award will be made to a single offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose offer is technically acceptable, conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the lowest price.
b. Award for All of the Work. The Government intends to award one contract as a result of this solicitation.
As set forth in FAR 52.212-1 (g), the Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
c. Evaluation Criteria. Past Performance. Past Performance Check List are required at or prior to the time specified for receipt of offers (see 52.212-1 Addendum). The check list shall be submitted at no expense to the Government. Submittals will be evaluated in accordance with the evaluation criteria listed below. Evaluation criteria consist of factors. The proposals will be evaluated under three (2) evaluation factors: Past Performance, and Price.
Factor 1 – Past Performance. The Past Performance Factor will receive one of the ratings defined below.
Table 1. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror's performance record, the
Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.
Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
In order to receive an acceptable rating, the Past Performance submissions must show evidence of successfully performing work same or similar to the work outlined in the solicitation or meet the criteria for “unknown” record of past performance. Offerors without a record of relevant past performance, the offeror may not be evaluated favorably or unfavorably on past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Past Performance must be both recent and relevant. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. To be relevant, the effort must be similar in nature of work, quantity, and complexity.
Factor 3 – Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3(a). Through these techniques the Government will determine whether prices are reasonable.
Offerors must submit Past Performance on the attached sheets.
d. 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)
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 52 Week
UNIFORMS
FFP
UNIFORMS
FOB: Destination
PURCHASE REQUEST NUMBER: 0011115982
PSC CD: 8415
NET AMT
0002 52 Week
WHITE APRONS
FFP
WHITE APRONS
FOB: Destination
0003 52 Week
SHORT SLEEVES SHIRTS
FFP
SHORT SLEEVES SHIRTS
FOB: Destination
0004 52 Week
LONG SMOCKS
FFP
LONG SMOCKS
FOB: Destination
0005 1 Each
CONTRACTOR MANPOWER REPORTING
FFP
CONTRACTOR MANPOWER REPORTING
FOB: Destination
1001 52 Week
UNIFORMS OPTION YEAR 1
FFP
UNIFORMS OPTION YEAR 1
FOB: Destination
1002 52 Week
WHITE APRONS OPTION YEAR 1
FFP
WHITE APRONS OPTION YEAR 1
FOB: Destination
1003 52 Week
SHORT SLEEVE SHIRTS OPTION YEAR 1
FFP
SHORT SLEEVE SHIRTS OPTION YEAR 1
FOB: Destination
1004 52 Week
LONG SMOCKS OPTION YEAR 1
FFP
LONG SMOCKS OPTION YEAR 1
FOB: Destination
1005 1 Each
CONTRACTOR MANPOWER REPORT OPTION YEAR 1
FFP
CONTRACTOR MANPOWER REPORT OPTION YEAR 1
FOB: Destination
2001 52 Week
OPTION UNIFORMS OPTION YEAR 2
FFP
UNIFORMS OPTION YEAR 2
FOB: Destination
2002 52 Week
OPTION WHITE APRONS OPTION YEAR 2
FFP
WHITE APRONS OPTION YEAR 2
FOB: Destination
2003 52 Week
OPTION SHORT SLEEVE SHIRTS OPTION YEAR 2
FFP
SHORT SLEEVE SHIRTS OPTION YEAR 2
FOB: Destination
2004 52 Week
OPTION LONG SMOCKS OPTION YEAR 2
FFP
LONG SMOCKS OPTION YEAR 2
FOB: Destination
2005 1 Each
OPTION CONTRACTOR MANPOWER REPORT OPTION YEAR 2
FFP
CONTRACTOR MANPOWER REPORT OPTION YEAR 2
FOB: Destination
3001 52 Week
OPTION UNIFORMS OPTION YEAR 3
FFP
UNIFORMS OPTION YEAR 3
FOB: Destination
3002 52 Week
OPTION WHITE APRONS OPTION YEAR 3
FFP
WHITE APRONS OPTION YEAR 3
FOB: Destination
3003 52 Week
OPTION SHORT SLEEVE SHIRTS OPTION YEAR 3
FFP
SHORT SLEEVE SHIRTS OPTION YEAR 3
FOB: Destination
3004 52 Week
OPTION LONG SMOCKS OPTION YEAR 3
FFP
LONG SMOCKS OPTION YEAR 3
FOB: Destination
3005 1 Each
OPTION CONTRACTOE MANPOWER REPORT OPTION YEAR 3
FFP
CONTRACTOE MANPOWER REPORT OPTION YEAR 3
FOB: Destination
4001 52 Week
OPTION UNIFORMS OPTION YEAR 4
FFP
UNIFORMS OPTION YEAR 4
FOB: Destination
4002 52 Week
OPTION WHITE APRONS OPTION YEAR 4
FFP
WHITE APRONS OPTION YEAR 4
FOB: Destination
4003 52 Week
OPTION SHORT SLEEVE SHIRTS OPTION YEAR 4
FFP
SHORT SLEEVE SHIRTS OPTION YEAR 4
FOB: Destination
4004 52 Week
OPTION LONG SMOCKS OPTION YEAR 4
FFP
LONG SMOCKS OPTION YEAR 4
FOB: Destination
4005 1 Each
OPTION CONTRACTOR MANPOWER REPORT OPTION YEAR 4
FFP
CONTRACTOR MANPOWER REPORT OPTION YEAR 4
FOB: Destination
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2018 TO
31-MAR-2019
N/A CADET MESS
ROBERT RAAP
BUILDING 745A
WASHINGTON HALL
WEST POINT NY 10996
845.938.4719 FOB: Destination
W16XX9
0002 POP 01-APR-2018 TO
31-MAR-2019
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-APR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-APR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-APR-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2019 TO
31-MAR-2020
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-APR-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2020 TO
31-MAR-2021
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-APR-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2021 TO
31-MAR-2022
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-APR-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-APR-2022 TO
31-MAR-2023
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-APR-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2016
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-3 Offeror Representations and Certifications--Commercial Items
NOV 2017
52.212-4 Alt I Contract Terms and Conditions--Commercial Items (JAN 2017) Alternate I
JAN 2017
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items
JAN 2018
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019)
JAN 2018
52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JAN 2018) Alternate I
FEB 2000
52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) Alternate I
JAN 2018
52.212-5 Alt II Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JAN 2018) Alternate II
NOV 2017
52.212-5 Alt II (Dev)
Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019) Alternate II
JAN 2018
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.223-6 Drug-Free Workplace MAY 2001
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture MAR 2015 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 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
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2017)
DEC 2017
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)
(a) Definitions. As used in this clause--
Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--
(1) An employee of the contractor; or
(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Non-public information means any Government or third-party information that--
(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or
(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.
Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)
(1) Among the sources of personal conflicts of interest are--
(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;
(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and
(iii) Gifts, including travel.
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--
(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;
(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);
(iii) Services provided in exchange for honorariums or travel expense reimbursements;
(iv) Research funding or other forms of research support;
(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);
(vi) Real estate investments;
(vii) Patents, copyrights, and other intellectual property interests; or
(viii) Business ownership and investment interests.
(b) Requirements. The Contractor shall--
(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--
(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:
(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.
(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).
(C) Gifts, including travel; and
(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.
(2) For each covered employee--
(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;
(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.
(3) Inform covered employees of their obligation--
(i) To disclose and prevent personal conflicts of interest;
(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;
and
(iii) To avoid even the appearance of personal conflicts of interest;
(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and
(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--
(i) Failure by a covered employee to disclose a personal conflict of interest;
(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.
(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--
(i) Agreement to a plan to mitigate the personal conflict of interest; or
(ii) A waiver of the requirement.
(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.
(3) The Contractor shall--
(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or
(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.
(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--
(1) That exceed $150,000; and
(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).
(End of clause)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L.
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