W912JD20Q0001 - EAP.docx

W912JD20Q0001

Section SF 1449 - CONTINUATION SHEET

INSTRUCTION TO QUOTER'S

INSTRUCTION TO QUOTER’S – Addendum to 52.212-1

W912JD-20-Q-0001 - QUOTE SUBMISSION

INTRODUCTION

1. Contract Type: The contract will be firm-fixed price. This requirement will be competed and awarded under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures. The Government intends to select one Contractor from the subject solicitation. This solicitation is 100% Small Business set-aside.

2. SAM Registration: Quoter’s must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered Quoter’s. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/ On-line Representations and Certifications (ORCA) may also be filled out at this website.

4. Amendments: Amendments to this solicitation will be posted at https://fbohome.sam.gov/?s=opportunity&mode=list Federal Business Opportunities (FBO) through beta.sam.gov. Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on FBO, quoters will be notified by email of any new amendments that have been issued. No other notification of amendments will be provided. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable.

5. Basis For Award: The Government will award a purchase order resulting from this solicitation to the responsive, responsible quoter’s in accordance with FAR 9.104-1 and whose quote conforms to the solicitation. The award will be made based on the most advantageous quote that is determined to represent the best value to the Government, with appropriate consideration given to the three (3) evaluation factors. Technical, Past Performance and Price. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for Technical consideration (to include all subfactors). Past Performance and Technical consideration, when combined; are equal to Price. Note: All non-priced factors combined are equal to price. By submission of its offer, the Quoter accepts all solicitation requirements, including terms and conditions, representation and certifications, and technical requirements.

6. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation, and must contain the following. All information shall be confined to the appropriate file. The quoter shall confine submissions to essential matters, sufficient to define the quote in a concise manner, to permit a complete and accurate evaluation of each quote. Each file of the quote shall consist of a Table of Contents. Proprietary information shall be clearly marked.

Part I – Technical:

a. Sub-factor – Section 1 – Capability Statement

b. Sub-factor – Section 2 – Narrative

c. Sub-factor – Section 3 – Scheduling/Staff/Methodologies

d. Sub-factor – Section 4 – Referral Roster

Part II – Past Performance:

Part III - Price:

7. Submission of Quotes: Each part shall be submitted via email. Changes as a result of quote revisions shall be identified via track changes, including a vertical line on the left margin of the page and date of change. Digital files shall be in Microsoft Word, Excel (viewable in 2013 version) and/or .pdf only.

7.1 Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

The following volumes of material shall be submitted:

PART - TITLE - COPIES OF PAGES LIMITATIONS

Cover Letter

Part III – Price-Information (SF 1449) Solicitation, Offer and Award Documents

*NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

8. Quote File: Format. The submission shall be clearly indexed and logically assembled. Each part shall be clearly identified and shall begin at the top of a page. All pages of each part shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

*NOTE: 11X17” pages are acceptable for tables/graphic representations; however, each 11X17” page counts as two pages.

9 Cover letter: Provide an induction page to include Cage Code, DUNS Number, and Tax Identification Number (TIN). Also include your business socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

9.1. The cover letter submitting the quoter’s quote shall be signed by an officer of the quoter’s company authorized to commit the company; shall indicate the quote is valid for 90 calendar days; shall identify by name, title, phone number and email any person authorized to negotiate on the quoter’s behalf and should express the extent to the quoter’s commitment to achieve the objectives of the solicitation and comply with the terms and conditions of the contract. Any significant deviations to the contract should be indicated, including one’s reasons.

9.2 Part 1 – Technical: Quotes will be evaluated to determine whether all requirements are satisfied. During evaluation of each quote, the Government will determine a rating as prescribe in 52.212-2 – Evaluation of Offerors. Submission of the PWS is not sufficient as a submittal of understanding of the scope. The Quotes are to address each section individually and succinctly.

a. Sub-factor – Section 1 – Capability Statement

b. Sub-factor – Section 2 – Narrative

c. Sub-factor – Section 3 – Scheduling/Staff/Methodologies

d. Sub-factor – Section 4 – Referral Roster

9.3. Sub-factor – Section 1– Capability Statement - Quoter’s shall submit a Capability Statement. At a minimum, the Capability Statement must demonstrate that the Contractor has the management, tools, equipment, and labor to provide the required Employee Assistance program services stated in the Performance of Work. Quoter’s must also illustrate how they will meet the deliverable requirements stated in the PWS.

9.4 Sub-factor – Section 2– Narrative - Quoter’s are required to provide a narrative of their corporate experience in proving Employee Assistance Program (EAP) services, to include: professional, comprehensive and confidential counseling and referral services for employees having a wide range of personal problems (e.g. alcohol abuse, drug abuse, financial, personal, emotional, psychological, family, legal and stress related issues) to illustrate how they will meet the requirements state in the PWS as well, as resolved any issues that come up.

9.5. Sub-factor – Section 3 – Scheduling/Staff/Methodologies - Quoter’s shall submit their Scheduling/Staff/Methodologies. At a minimum, the Quoter’s methodologies must ensure timely performance of required services within the time frames, with a sufficient number of employees to meet all requirements outlined in the PWS.

9.6. Sub-factor – Section 4 – Referral Roster - Quote’s shall provide their referral roster of resources for areas of coverage.

9.7. Part II – Past Performance: The past performance evaluation will consider each Quotes demonstrated Recent and Relevant record of performance for similar efforts of equal or greater complexity supplying services that meet this solicitation's requirements. A past performance rating as prescribe in 52.212-2 – Evaluation of Offerors shall be assigned for each Quoter after evaluating the recent past performance, focusing on performance that is relevant to the contract requirements.

Submission with the offer of references of similar work that can be verified by the Contract Specialist prior to award. A minimum of two references are required. No more than four references shall be submitted. Any offeror unable to provide the minimum number will be determined non-responsive and eliminated from consideration.

Customer (Company) Name;

Email Address;

Type of Contract and dollar value;

General description of the project including aspects deemed relevant to the this effort; (similar in scope, size and complexity of this requirements in the PWS, and Whether the work was performed as a prime or subcontractor.

9.8 Offerors are requested to provide references for federal government contracts. However, other contracts for state and local governments or for other private entities will be accepted in the absence of federal contracts.

9.9. Recency Assessment: Recent contracts are defined as those contracts presently being performed or which have been performed during the past three (3) years from the date of issuance of this RFQ. Past Performance information that fails this condition will not be evaluated.

9.10. Relevancy Assessment: If the Government evaluator(s) consider the Quoter’s past performance reference to be recent, then the Government will assess the relevancy of the referenced past performance Contract/Task Order. "Relevant" is defined as references demonstrating technical capabilities the same or similar to those required to perform this requirement.

9.11. The Government reserves the right to obtain past performance data from other sources than those identified by the Offeror in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Offerors are reminded that both independent data and data provided by Offerors in their quotes may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

9.12. Part III - Price: Executed Request for Quote: Requires the Quoter to complete blocks 17a (Block shall include CAGE code), 30a, 30b and 30c on the SF 1449. Insert proposed unit and extended prices in all Contract Line Item Numbers (CLINs). All prices shall be represented in two decimal positions only. Example: $0.27, not $0.27458. The Government shall evaluate price to determine whether or not it is considered fair and reasonable IAW FAR 13.106-3.

9.13. All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

10. Discussions: The Government intends to evaluate quotes and make award without discussions. During the evaluation process, the Government may, at its discretion enter into clarifications or communications as needed. The Government need not enter into communications or clarifications with all Offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

10.1. In evaluating the quotes, the Government may establish a Competitive Range to reduce the Offerors participating in the competition to only those Offerors most likely to receive the award. Any Offeror eliminated from further consideration will be notified officially in writing.

10.2. If the Government enters into discussions, it will be with those Offerors considered to be within the Competitive Range. During the negotiation process all quote revisions must be submitted electronically.

11. Solicitation Questions: Questions of a technical nature shall be submitted to the Contract Specialist in writing via e-mail. Oral questions of a technical nature are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is Monday, 16 December 2019 by 3:00 PM EST. Questions received after this date and time may not be answered. Questions will be answered in a formal amendment to the solicitation so all interested parties can see the answers.

12. Solicitation Deadlines: Quote packages shall be submitted electronically to darlene.r.howes.civ@mail.mil. The email subject line must contain the following: “Quote in Response to W912JD-20-Q-0001 - EAP Services. Quotes will not be accepted by any other means. Late quotes will not be considered. Offerors will receive an email confirmation that their quote was received within two (2) business days.

12.1. Offeror’s bear the burden of ensuring that quotes, and any applicable amendments, are emailed on time. All pages of the quote must be emailed before the deadline specified in this solicitation. Failure to provide any of the required information or the providing of inadequate or unclear information may result in the offer being considered unacceptable.

12.2. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://fbohome.sam.gov/?s=opportunity&mode=list website.

--End of FAR 52.212-1 Addendum --

BASE YEAR:

FFP

Short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee's job performance no limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, martial and family problems, eating disorders, financial/credit problems and legal concerns, as defined in the PWS. Long term treatment and rehabilitation is not within the scope of the contract.

The Government shall not exercise any supervision or control over the subcontract service providers performing the service herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011422163

PSC CD: G099

NET AMT

Contractor Manpower Reporting (CRMA)

Contractor Manpower Reporting Application (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard via a secure data collection site.

The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil. Reporting must be done concurrent to submitting final invoice with proof of reporting provided directly to contracting specialist.

PSC: G099

UIC (Unit/Activity): W8A4AA

FOB: Destination

NET AMT

OPTION YEAR 1:

Short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee's job performance no limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, martial and family problems, eating disorders, financial/credit problems and legal concerns, as defined in the PWS. Long term treatment and rehabilitation is not within the scope of the contract.

All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

The Government shall not exercise any supervision or control over the subcontract service providers performing the service herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

NET AMT

Contractor Manpower Reporting (CRMA)

Contractor Manpower Reporting Application (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard via a secure data collection site.

The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil. Reporting must be done concurrent to submitting final invoice with proof of reporting provided directly to contracting specialist.

PSC: G099

UIC (Unit/Activity): W8A4AA

NET AMT

OPTION YEAR 2:

Short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee's job performance no limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, martial and family problems, eating disorders, financial/credit problems and legal concerns, as defined in the PWS. Long term treatment and rehabilitation is not within the scope of the contract.

All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

The Government shall not exercise any supervision or control over the subcontract service providers performing the service herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

NET AMT

Contractor Manpower Reporting (CRMA)

Contractor Manpower Reporting Application (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard via a secure data collection site.

The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil. Reporting must be done concurrent to submitting final invoice with proof of reporting provided directly to contracting specialist.

PSC: G099

UIC (Unit/Activity): W8A4AA

NET AMT

OPTION YEAR 3:

Short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee's job performance no limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, martial and family problems, eating disorders, financial/credit problems and legal concerns, as defined in the PWS. Long term treatment and rehabilitation is not within the scope of the contract.

All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

The Government shall not exercise any supervision or control over the subcontract service providers performing the service herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

NET AMT

Contractor Manpower Reporting (CRMA)

Contractor Manpower Reporting Application (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard via a secure data collection site.

The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil. Reporting must be done concurrent to submitting final invoice with proof of reporting provided directly to contracting specialist.

PSC: G099

UIC (Unit/Activity): W8A4AA

NET AMT

OPTION YEAR 4:

Short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee's job performance no limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, martial and family problems, eating disorders, financial/credit problems and legal concerns, as defined in the PWS. Long term treatment and rehabilitation is not within the scope of the contract.

All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

The Government shall not exercise any supervision or control over the subcontract service providers performing the service herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

NET AMT

Contractor Manpower Reporting (CRMA)

Contractor Manpower Reporting Application (CMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard via a secure data collection site.

The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30.

While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at http://www.ecmra.mil. Reporting must be done concurrent to submitting final invoice with proof of reporting provided directly to contracting specialist.

PSC: G099

UIC (Unit/Activity): W8A4AA

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2021

W8A4 MEARNG ELEMENT, JF HQ

CONTRACT BLDG 14 CAMP KEYES

194 WINTHROP STREET

AUGUSTA ME 04333-0032

207-430-5603

W91D12

31-MAR-2021

W91D12

31-MAR-2022

W91D12

31-MAR-2022

W91D12

31-MAR-2023

W91D12

31-MAR-2023

W91D12

31-MAR-2024

W91D12

31-MAR-2024

W91D12

31-MAR-2025

W91D12

31-MAR-2025

W91D12

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

The Government intends to award one contract resulting from this solicitation. The award will be made to the lowest priced technically acceptable proposal. Quotes will be evaluated for technical acceptability (including past performance), but will not be ranked using the non-price Factors (and Subfactors). By submission of its offer, the Quoter’s accepts all solicitation requirements, including terms and conditions, representation and certifications, and technical requirements. All technically acceptable Quoter’s, with satisfactory past performance shall be treated equally except for their price. Failure to meet a requirement may result in a Quoter’s being determined technically unacceptable. In order for a Quoter’s to be considered for award, the proposal must receive an “Acceptable” rating in every non-price Factor. A proposal receiving a rating of “Unacceptable” in any non-price Factor will not be eligible for award. By submission of its offer, the Quoter’s accedes to all solicitation requirements.

These factors will be evaluated separately as specified below:

Technical Ratings: Quotes will be evaluated to determine whether all requirements are satisfied. During evaluation of each proposal, the Government will determine a rating of either Acceptable, where proposal meets the requirements of the solicitation, or unacceptable, where proposal does not meet the requirements of the solicitation.

Table 1 – Combined Technical/Risk Ratings

Quoter’s shall submit a Capability Statement. At a minimum, the Capability Statement must demonstrate that the Contractor has the management, tools, equipment, and labor to provide the required Employee Assistance program services stated in the Performance of Work. Quoter’s must also illustrate how they will meet the deliverable requirements stated in the PWS.

Quoter’s are required to provide a narrative of their corporate experience in proving Employee Assistance Program (EAP) services, to include: professional, comprehensive and confidential counseling and referral services for employees having a wide range of personal problems (e.g. alcohol abuse, drug abuse, financial, personal, emotional, psychological, family, legal and stress related issues) to illustrate how they will meet the requirements state in the PWS as well, as resolved any issues that come up.

Quoter’s shall submit their Scheduling/Staff/Methodologies. At a minimum, the Quoter’s methodologies must ensure timely performance of required services within the time frames, with a sufficient number of employees to meet all requirements outlined in the PWS.

Quote’s shall provide their referral roster of resources for areas of coverage.

Past Performance. Evaluation Criteria: Past Performance will be evaluated using the following criteria:

Table 2 - Past Performance Relevancy Ratings

Submission with the offer of references of similar work that can be verified by the Contracting Officer prior to award. A minimum of two references are required. No more than four references shall be submitted. Any Quoter’s unable to provide the minimum number will be determined non-responsive and eliminated from consideration.

Customer (Company) Name;

Email Address;

Type of Contract and dollar value;

General description of the project including aspects deemed relevant to the this effort; (similar in scope, size and complexity of this requirements in the PWS, and Whether the work was performed as a prime or subcontractor.

Offerors are requested to provide references for federal government contracts. However, other contracts for state and local governments or for other private entities will be accepted in the absence of federal contracts.

Evaluation Criteria: Performance Confidence Assessment will be evaluated using the following criteria. Feasible of approach. The proposal will be evaluated to determine the offeror’s methods and approach to meeting the solicitation requirements provide the Government with an acceptable level of confidence of successful performance of the requirements. An assessment of the degree of confidence provided by the proposal approach/methods will also be included.

Table 3 - Performance Confidence Assessments

Recency Assessment: Recent contracts are defined as those contracts presently being performed or which have been performed during the past three (3) years from the date of issuance of this RFQ. Past Performance information that fails this condition will not be evaluated.

Relevancy Assessment: If the Government evaluator(s) consider the Offeror's past performance reference to be recent, then the Government will assess the relevancy of the referenced past performance Contract/Task Order. "Relevant" is defined as references demonstrating technical capabilities the same or similar to those required to perform this requirement.

The Government reserves the right to obtain past performance data from other sources than those identified by the Quoter’s in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other designated Technical Representatives. Offerors are reminded that both independent data and data provided by Offerors in their quotes may be used by the Government to evaluate past performance. The Contracting Officer may also evaluate past performance based on direct knowledge of the Contractor’s performance on current or recent contracts.

Price. Insert proposed unit and extended prices in all Contract Line Item Numbers (CLINs). All prices shall be represented in two decimal positions only. Example: $.027, not $0.27458. The Government shall evaluate the price to determine whether or not it is considered fair and reasonable IAW FAR 13.106-3.

All services shall be provided on a firm-fixed price per employee per yearly basis. The yearly payments shall depend upon fluctuations in the number of eligible employees per year. Each year the Government will provide at the time of the contract option the number of eligible employees for the period of performance.

Options - The Government will evaluate quotes for award purposes by adding the total price for all options to the base price for the basic requirement to include the possible contract extensions under FAR Clause 52.217-9, Option to Extend the Term of the Contract. The Government will evaluate its option to extend services at FAR Clause 52.217-8 by adding six (6) months of the Offeror's proposed price for the final option period to the Offeror's total proposed price. The Government may determine that the quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

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

___ (5) [Reserved]

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

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

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

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

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

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

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

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

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

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

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

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

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

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

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

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

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

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__X__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract…