W912ES-14-T-0029.pdf

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

651-290-5706

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912ES-14-T-0029 19-Feb-2014

b. TELEPHONE NUMBER

651-290-5407

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 28 Feb 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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Prescribed by GSA

FAR (48 CFR) 53.212

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(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

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W912ES

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15. DELIVER TO CODE B6H4300 16. ADMINISTERED BY

ENVIRONMTL & ECON ANALYSIS BRA

KEVIN BLUHM

USACE - ST PAUL

180 5TH STREET E, SUITE 700

ST PAUL MN 55101-1638

TEL: 651-290-5247 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DAWN M LINDER

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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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

511199

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6740175999

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.OFFER DATED YOUR OFFER ON SOLICITATION

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8(A)

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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PAGE 2 OF

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

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36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

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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

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Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912ES-14-T-0029

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Our Mississippi Newsletter-3 Editions

FFP

Design and write the Spring, Summer, and Fall editions of the Our Mississippi Newsletter to include printing and distribution. The work is more specifically defined in the scope of work attached hereto and made a part hereof.

FOB: Destination

MILSTRIP: W81G6740175999

PURCHASE REQUEST NUMBER: W81G6740175999

NET AMT

0001AA 1 Each

SPRING 2014 EDITION

FFP

FOB: Destination

0001AB 1 Each

SUMMER 2014 EDITION

0001AC 1 Each

FALL 2014 EDITION

SCOPE OF WORK

SCOPE OF WORK

“OUR MISSISSIPPI”- MISSISSIPPI RIVER BASIN

PUBLIC OUTREACH/CORPORATE COMMUNICATIONS CONTRACT

1. General Scope

A. General Information: Under this Scope of Work (SOW), the contractor will provide writing and editorial services for production of printed newsletter on the entire Mississippi River system, including the programs on the Upper and Lower River portions. This contract shall consist of all aspects in production (writing, editing, designing and artwork) and mailing 3 editions of the Corps of Engineers “OUR MISSISSIPPI” newsletter, inclusive of printing and distribution

B. Location of Work: The primary work is located within the entire Mississippi River system.

Initial focus areas are in the states of Minnesota, Wisconsin, Iowa, Illinois, and Missouri. Work will also come from the lower Mississippi River region to the Gulf of Mexico. The primary work will be design work from remote areas and daily travel will not be needed to attend work group stakeholder meetings. All work group stakeholder meetings are to be phone in teleconference.

Quarterly newsletter initiation and brainstorming meetings will require travel to participate in, and facilitate discussions.

C. Study Description: Over the past 20 years, efforts of the Upper Mississippi River District offices have resulted in the generation of enhanced public and stakeholder interest and participation in Corps initiatives. In 1991 quarterly mailings were to roughly 1,000 persons and has grown to over 20,000 persons with bulk distribution to 30,000 additional persons. The publications started as basic informational newsletters and have evolved into a very interesting, tabloid style, full color publication with information and facts from various angles from all around the Mississippi Valley region. Annual growth rate has been over 5% in the past few years and is expected to continue for the period of this contract.

2. Services Required

All work shall be in accordance with requirements as specified in this Scope of Work.

A. The required work in this contract is to produce a professional newsletter that is consistent with the current “Our Mississippi” brand and promote/enhance that program.

The contractor will initiate, create, coordinate, conduct field investigations, write, design, layout, proof, arrange for comments, incorporate changes, finalize and print/distribute the OUR MISSISSIPPI newsletter to 20,000 addresses in the Mississippi Valley Division (MVD) mailing list and 30,000 pieces to another 350 locations in the Mississippi Valley region. There are an additional 10 distribution locations outside the region and 4 international shipments. The newsletter is to be produced and distributed quarterly (Spring, Summer and Fall 2014 only) starting with the first quarter after award of this contract. The distribution dates will be 30 March 15 June and 15 September 2014 to ensure time for shipping and mailing of the newsletter to their final locations. The Our Mississippi newsletter is a 12 page document (approximate word count is 11,000) to be created using environmentally friendly inks and paper. The artwork and photos (all created/taken/paid for by the contractor) are to be high resolution, color items, and inserted electronically into the publication and follow the industry standards for printing and on-line publications.

B. During the execution of the work, the Contractor will consult with the Public Outreach

Team (PORT) team members to ensure the newsletter is consistent with the current message and theme (explained in paragraph C below) and to obtain required information pertinent to writing stories and articles for the newsletters. This may include travel to other Corps District offices within the location of work. The Rock Island District in Rock Island, IL is the most likely travel location but may include travel to a number of other Corps Districts. The newsletter will be comprised of several stories and articles, with creative and high quality graphics/photos, to be written and developed by the contractor based on the current message and theme of the OUR MISSISSIPPI newsletter, as described in paragraph C below. The template for the newsletter is to follow the past editions of OUR MISSISSIPPI newsletter and include similar design elements and cues to keep continuity for the reader. The consistent message, look, and feel are extremely important in the branding work that has been in place since 2008. The articles of the newsletter should be reflective of the Corps and Stakeholder needs and encompass a wide variety of activities relevant to the entire Mississippi River, including the Navigation and Ecosystem Sustainability Program (NESP), the Environment Management Plan (EMP), Mississippi River and Tributaries (MR&T) Regulatory, Operations and Emergency actions of the Corps of Engineers, plus activities of partner and stakeholder organizations along the River from Minnesota thru Louisiana.

C. Contractor is responsible for the initial development of an idea list and the research and writing of magazine quality text that is accessible and interesting to the general public, but also sophisticated enough for lawmakers and long-time river interests represented to have their needs met. Some story source names will be provided by the Corps, but most of the idea and article development relies on the contractor initiative, and a variety of sources representing collaboration will be expected for a given piece. Contractor is responsible for shooting and/or purchasing photography/art work and for securing high-resolution photography (if available) from the Corps or other relevant organizations/agencies. Stories should strive for a timely hook, when appropriate, but also be written in a way timeless enough to keep them relevant through the three-month period during which each issue is in circulation. The story mix must support a watershed-wide approach to river sustainability now championed by the Corps and its partners but also a format established with earlier issues that includes segments such as: “My Mississippi” personality profiles, and educational but fun and graphically interesting Kids Page and multiple stories that connect to various Corps missions.

All story development and review will be agreed upon by the PORT team prior to start of work and final story development by the contractor. All development is to be consistent with the current Our Mississippi outreach program and the Corps of Engineers design standards. Each newsletter is subject to reviews conducted by the COR and study team members. These reviews will further refine the draft articles and help shape the final newsletter. The Contractor will be present for all draft review teleconferences and will be responsible for making all required changes to the newsletter to create the next version.

The review process is iterative and usually will require a minimum of three draft reviews and a maximum of five reviews. Changes and comments will be received in various forms from fax, email, and verbal. The Contractor is responsible for making all changes and rewriting the articles based on study team comments. The Contractor will respond in writing to all written comments received. The Contractor is responsible for proper grammar usage and assuring there are no spelling errors in draft versions of the newsletters.

D. The final draft of the newsletter will be approved by the COR in consultation with other internal Corps study members. Once the newsletter is approved for printing, a high resolution PDF of the final document will be emailed to the COR for final approval. The COR will have one day to review, make changes, and approve proof copy. If mistakes are found in the proof that are significant errors/omissions, corrections will be required and a new proof copy delivered to the COR for final approval. Proof copies can be overnight delivered using any overnight service.

The Contractor is responsible for the subsequent printing and distribution of 50,000 copies of the newsletter. The newsletter is to be printed on white, 80 lb., 14”x21” recycled paper, using soy ink in full 6 color processing. Printing is a full bleed document. Printer plates are to be created at a minimum of 133 line screen resolution for maximum clarity. For mailing, the newsletter is to be folded in half, folded in half again, and tabbed on the center of the open end (same as shown on past newsletters).

E. The distribution is to be done using the U.S. Post Office, third class bulk rate mail (the piece does not qualify for bulk rate discounts). Two databases in Microsoft Excel will be provided by the COR prior to each mailing for the most current addresses. The list is currently at 50,000 addresses and is anticipated to grow 5% each quarter. The contractor is to plan to accommodate this growth rate for each quarterly distribution. The preferred mailing method utilizes ink jetting the addresses on the newsletters and presorting the newsletters before they are mailed to save the Government money. The newsletters must be post marked by the dates indicated in paragraph 4.A of this scope of work. The Contractor will also distribute bulk mailings to the other District and Division offices involved in the study. All extra copies of the newsletter are to be mailed to the COR.

F. The final step in distribution of the newsletter is an electronic PDF version of the newsletter for use on the Corps Internet Web Page. This needs to be delivered to the COR within 2 days after each final newsletter is submitted. Both a Hi-Rez and Low-Rez PDFs are required to be submitted.

3. Contract Pricing

A. The Contractor's pricing shall include the cost of all data collection, writing, and editing of newsletter articles, travel, teleconferences, and associated costs to accomplish the work under the contract, except as may be otherwise specifically provided for in this contract.

4. Schedules and Submission

A. All work under this contract shall be completed and submitted in a timely manner to meet target distribution dates throughout the contract period. Distribution dates for the newsletters are no later than 30 March, 15 June, and 15 Sept. Work will begin 25 February, or as soon as the contract is in place. Work will conclude on 30 September, so the contractor is expected to be ready and able to work efficiently and effectively to keep the tight schedule and avoid delays to the schedule.

1. The newsletter is to be in preliminary form at least two weeks before the target distribution date. Final draft newsletter shall be submitted one week before distribution date.

Proof copy of original being sent to printer shall be provided to COR 3 days prior to distribution date.

B. The COR will complete review and advise the Contractor of any required revision within one week after receipt of draft newsletters and two days after receipt of final proof newsletters.

C. The Contractor shall make required revisions in accordance with review comments of the COR or as coordinated with other authorized representatives of the Corps.

D. All general information, computations, graphs, computer and facsimile supplies, and other needs made under this contract shall be obtained by the contractor. The COR will assist in reviews and obtaining comments from internal Corps study members. All photographs, computer files, and data gathered for use in this contract become the exclusive property of the Government.

5. Coordination

A. During the progress of the work, the Contractor shall confer with the COR regularly to assure that the completed articles and draft newsletters meet the approval of the COR. The COR is authorized to call and check the progress of newsletters periodically. The contract price shall include attendance at meetings between the COR and the Contractor in St. Paul, MN, on site, to be called by the COR, (maximum of four meetings per newsletter) and such additional conferences in St. Paul and visits to the study area as the Contractor deems necessary for the proper execution of the work.

6. Data Provided by the Government:

The Government will provide the following for use by the Contractor in completion of the contract requirements specified above:

(a) The Government will provide background information, past newsletters from the UMR. All correspondence related to the UMR Corps programs and communications, past template information for newsletter layout/design, and current Excel database for mailing names.

(b) The Government will provide assistance for the clarification of information the contractor will gather during the story development and layout design elements and offer any other explanation, clarification where needed.

(c) The Government will provide meeting arrangements for all face-to-face meetings and call in teleconference numbers for all call in meetings with the entire team. (one-on-one meetings and participation for writing stories and collecting data will not be coordinated by the Government).

7. Contractor Deliverables:

The contract shall provide to the St. Paul District via portable hard drive all artwork and images created under this contract.

(a) Newsletters printed in the quantity of 20,000 pieces to be ink jetted and mailed using the USPS, thru best practices.

(b) Newsletters bulk, in the quantity of 30,000 to some 350 locations, to be boxed and shipped using any common parcel carrier. A portion of this bulk delivery, approximately 8,000 pieces is to be boxed and divided equally to: the St. Paul District, the Rock Island District, the St. Louis District, the Memphis District, the Vicksburg District, and the New Orleans District U.S. Army Corps of Engineers.

(c) Electronic versions, both Hi-Rez print and web quality pdf files. The web file is to be in a flip booklet format so a typical E-reader can view pages separately and easily navigate thru the document.

CLAUSES INCORPORATED BY FULL TEXT

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

15. Pre‐screen candidates using E‐Verify Program.

The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

3. Access and General Protection/Security Policy and Procedures.

All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also 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 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.

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ALTERNATE I (OCT 1995)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(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. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JULY 2013)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation- Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.

110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information.

(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor's preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor.

Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—

(i) In the subcontractor's preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JULY 2013)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be…