W9133L-17-R-0030-YCP-RELEASED-Aug_18,_2017.docx

W9133L-17-R-0030

Section SF 1449 - CONTINUATION SHEET

YCP Inspection Services

FFP

Contractor shall provide YCP Inspection Services as defined in the PWS and contractor's proposal. The contractor is authorized partial delivery payments for the services, CLIN'(s) 0001, etc. Contractor shall on a monthly basis, invoice the lesser of 1/12 the total CLIN price or this amount minus the value of any non-conforming services. The value of any non-conforming services will be determined by how many hours a given deliverable(s) or task(s) would have taken by the relevant Contractor’s proposed method of execution. The Government will honor and pay invoices where the contractor has satisfied the tasks and requirements identified in the PWS, as well as the method of execution identified in the Contractor's proposal. Failure to deliver on one or all of the aforementioned documents may, at the discretion of the Government, result in a request for invoicing adjustment.

FOB: Destination

MAX

NET AMT

Travel

The Contractor shall travel to locations specified at the Task Order Level to provide YCP Inspection Services. The Contractor shall be paid based on provided receipts and the travel instructions specified in the PWS. Travel reimbursementshall NOT include profit/fee or G&A costs. .

MAX

CMRA

Contractor shall use the Enterprise-Wide Contractor Manpower Reporting Application (eCMRA) IAW AFARS 5137.91. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://cmra.army.mil. Reporting inputs will 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. If your contract overlaps two or more fiscal years, please enter the data separately for each year. You may divide the labor hours and labor dollars proportionally based on the length of time spent in each fiscal year. Contractors may direct questions to the help desk at: https://cmra.army.mil.

MAX

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1

Proposal Instructions

1.1. Questions regarding this solicitation shall be in writing and sent via e-mail ONLY to Mr. Aaron Skinner at aaron.d.skinner.civ@mail.mil and LTC Leafay Jones at leafay.a.jones.mil@mail.mil. All correspondence shall reference solicitation W9133L-17-R-0030. The cut-off for questions is August 22, 2017, by 2:00 PM EST. All questions will be answered electronically and in writing through a solicitation amendment. Due to a High Risk of not getting this awarded on time, the Proposals shall be provided by 11:00 AM EST on September 1, 2017. To off-set the short RFP period, the Government has provided ample pre-solicitation notices.

1.2. Offeror is notified the Government will not reimburse costs incurred for solicitation preparation.

1.3. The Government in this acquisition will follow the streamline procedures listed at Federal Acquisition Regulation (FAR) Part 13. The Government reserves the right to select a response that provides benefit to the Government that exceeds the minimum but is not required to do so.

1.4. Although the Government does not intend to hold discussions, the Government reserves the right to conduct discussions with the Offeror(s).

1.5. The Offeror shall submit an unclassified proposal demonstrating the company’s ability to perform and to meet the requirements in PWS. The proposal shall conform to all the requirements of this solicitation.

1.6. Offerors are not authorized to include in its proposal citations for, or linkages to, websites; EXCEPT to a link to their business site.

1.8. Take extreme care and attention to ensure all required documents are included in your company’s proposal. Commitment letters, letters of consent, and cover letters are not included in the calculation of page limits. The length of your response to this solicitation is limited, as identified below:

1.10. By responding to this solicitation, the Offeror agrees to meet all the requirements incorporated herein, including those listed in the Performance Work Statement, and agrees to all the terms, conditions, and provisions as listed in this addendum. Additionally, exceptions, deviations, or assumptions are NOT allowed as the Contractor will have time to provide questions to the Government.

1.11. The Offeror shall provide a Cover Page with the following information in each proposal volume as the first page. This page does NOT count towards the Offerors total page count.

a. Company’s name and address

b. Company’s Cage Code, DUNS number, GSA contract number, and Tax ID number.

c. Contact Information and role designation – provide the name, title, role, phone number, and email address for relevant participants in the pre and post award activities. At a minimum, you must identify and provide contact information for: (1) the person authorized to sign contracts for the company; (2) a Signature of the company’s person authorized to sign contracts, and (3) the contracts manager’s information ((if different than the person in (1)).

2.0. Submission Instructions:

2.1. The Government requires the Offeror to submit their proposal in electronic format only to BOTH the email addresses specified above (see Section 1.1). The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be sequentially numbered from 1 to ‘x’, with ‘x’ being the final page of the volume, inclusive of all appendices and attachments. Proposal shall conform to the following characteristics:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11” Font: Arial Font Size: 12 pt Font Size for Charts, Illustrations and Tables: No less than 8 pt Format: Adobe PDF (Except for Price Model – See Paragraph 3)

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

2.2. Ensure all volumes are submitted in response to this solicitation are ON TIME. Failure to do so could result in your proposal not being considered. Your proposal shall be structured in a manner that clearly addresses the requirements in the PWS. Responses that are overly verbose or include marketing material are not desired.

2.3. E-MAIL SUBMISSIONS: The Government cautions Offerors that e-mail is not instantaneous. We recommend you submit your proposal prior to the closing date to allow enough time to ensure the entire proposal is received on time to be considered for award. If all portions of any e-mail proposal are not received by the solicitation closing date and time, the Government could rejected your proposal as late. Re-send your e-mail submission if you do not receive a receipt confirmation. If you do not receive a receipt confirmation after the second transmission, contact the Contract Specialist at (703) 607-1141. Due to government exchange size limitations, we cannot receive individual e-mails that exceed 10 MB, including the e-mail itself plus all attachments. If your electronic proposal, including all attachments, is larger than 10 MB, the Government requires you to segment your proposal submission in more than two (2) e-mails that individually are no larger than 10 MB. We cannot receive e-mails if they contain compressed attachments. Our security software blocks these types of e-mails. DO NOT WAIT UNTIL THE “LAST MINUTE” TO EMAIL PROPOSALS. OFTEN TIMES THERE IS A DELAY BETWEEN WHEN A MESSAGE IS SENT AND WE THE GOVERNMENT RECEIVED THE PROPOSAL (we have received proposals that were sent 15 minutes prior the ending deadline and were received in our inbox after the ending deadline. The Receipt of Proposal shall be based on the time the GOVERNMENT received the email.

2.4. Offerors shall identify in the e-mail subject line the solicitation number, “Message # of #”, and the company’s name. For example ONLY: “W9133L-17-R-0044, Message 1 of 3, ABC Company.”

3.0. Volume 1:– The Offeror shall submit their Technical Execution Plan addressing the following information:

Technical Execution Plan: Phase-In/Phase-Out Plan – The Offeror shall provide their Phase-In/Phase-Out Plan showing the Offeror’s ability to provide realistic processes and assumption of responsibility for providing services which will meet all contractual requirements on the first day of the period of performance. The Offeror shall provide their schedule in their format that clearly shows the Offerors “on-boarding” tasks and time it will take in order to transition into this contract. In the event, the contract is not awarded until after September 20, 2016, the Contractor’s Phase-In Plan may include Phase-in work being done after the Period of Performance begins (based on their proposal). Please remember, work SHALL BEGIN prior to October 1, 2017 at the latest.

The Phase-In/Phase-Out Plan shall describe in detail the approach for staffing and managing personnel assigned to support the requirements described in the PWS, inclusive of any initial or ongoing training. The Government finds this requirement has been changed from previous years and is not providing historical workload, labor categories, or qualifications. Therefore, it is imperative, the Offeror explain how and why the proposed personnel’s labor categories and number of each, will be able to perform the tasks specified in the PWS.

Due to limited space at Arlington Hall Station, the Offeror shall include a detailed Telecommuting Plan which will mitigate any risk to schedule, performance or the safeguarding of information which is inherent in such activities. This requirement has been deemed to be professional services. The Contractor identify the labor category in the approach and managing of personnel to support this requirement.

The Offeror shall provide, in GREAT DETAIL (timelines are encouraged), how they will go about hiring their proposed staff. The Offeror shall provide a detailed narration of how they will provide trained personnel to complete the tasks/deliverables and the type of personnel they would provide.

3.2. Technical Execution Plan: Task Execution Approach – The Offeror shall outline in detail, specifically HOW, an approach and ability to effectively and efficiently implement and accomplish the requirements specified in the provided task order PWS. Offeror shall not merely “parrot” the PWS back to the Government. The Government requires the Offeror’s unique assessment and approach to accomplishing the tasks and deliverables listed in the PWS. Proposals found to merely "parrot" the PWS may receive a lower rating. The Offeror may use creativity by proposing above the standards, tasks, and deliverable set-forth in the PWS; however, keep in mind the Government will closely evaluate whether any creative solutions warrants a possible “increase” in price (if any). As with all aspects in the Technical Execution Plan, the Offeror should explain how the proposed creative solution would benefit the Government and manner in how you would execute said creative solutions.

The Offeror’s Task Execution approach shall include a detailed Timeline/Milestone Schedule describing the Pre-Inspection, Inspection, and Post-Inspection activities, tasks, and deliverables. Do not merely include the dates stated in the PWS, but also include all of the miscellaneous details (e.g. coordination activities with the States) you think you need to demonstrate your understanding of this requirement.

Offerors shall provide an outline of how the effort required by the solicitation will be assigned for performance within the Offeror’s corporate entity and among the proposed subcontractors. The Offeror shall also detail how they will ensure they will perform at least 50% of the work under this contract. The information provided for the prime Offeror and each proposed major subcontractor must include the entire company name, company address, CAGE Code, DUNS Number and type of work to be performed by citing the applicable Government PWS subparagraph number. This includes all subcontractors who will be providing critical services or whose subcontract is for more than 10% of the total proposed cost/price. This section will further include written consent of major subcontractors to allow the disclosure of their subcontractor’s past performance information to the Offeror. In addition, letters of commitment shall be included for all major subcontractors.

A list of any exceptions, deviations, or assumptions will NOT be allowed.

3.3 Technical Execution Plan: Quality Control – The Offeror shall provide a DRAFT Quality Control Plan (be specific) which identifies how the Offeror intends to achieve and maintain quality performance standards listed in the task order and base contract. This plan shall also outline how the Offeror intends to develop and implement procedures and controls to identify, prevent, and ensure non-recurrence of defective tasks and deliverables under this requirement.

4.0. Volume 2: Past Performance- This volume shall contain past performance information regarding up to three similar contracts which the period of performance has taken place within three years of the closing date of this solicitation. Offerors should limit additional past performance information in response to this solicitation to the minimum necessary to show there is a reasonable expectation they will successfully perform the required effort. This volume shall not exceed 5 pages.

4.1. Past Performance Section 1: – Contract Descriptions. This section shall include the following information in the following format.

(a) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

(b) Government contracting activity, and current address, Procuring Contracting Officer’s or COR’s name, e-mail address and telephone number.

(c) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers.

(d) Awarded price/cost.

(e) A BRIEF Description (e.g. 3-5 lines)

(f) The Offerors shall also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the Offeror or proposed subcontractor. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

5.0. Volume 3: Cost/Price (Factor 3) – The Offeror shall submit price model provided via the Price Proposal Matrix-YCP Inspections (Pricing Matrix) (attached). It is the Government’s intent to only award one task order per year based on need. However, should an event occur after a given year’s “main task order” be completed that requires one or two additional inspections; the requirement for “Additional Inspections” pricing as also been included in the Pricing Matrix.

Spreadsheets shall be sent in a file format that includes all formulas, macro, and format information. Print image is not acceptable. Modifications to the labels of indirect rate categories and related formulas within the price model are permitted only to the extent necessary to conform to the Offeror’s accounting practices. The Contractor is solely responsible for the completion of the price model in its entirety and in a manner that reflects current, accurate and complete information concerning proposed pricing. The Government will use the total pricing amount submitted by the Offeror in the summary sheet for evaluation purposes. Offerors are required to price this requirement in the Pricing Matrix. Offerors shall not submit their own price for Travel cost. Travel pricing is stated in the Pricing Matrix. The travel pricing in the Pricing Matrix is estimated for the IDIQ contract for purposes of determining overall contract value. While the pricing for travel in the pricing matrix is based on the Government’s best estimates, the actual pricing for each task order may change at the task order level due to changes in locations (e.g. a trip to Puerto Rico will cost more). There shall be a direct relationship between the effort expended and its cost or price for year.

5.1. The Offeror shall not directly price or pay for phase in and phase out periods. The Offeror shall also address the Contractor Manpower Reporting requirement (if any or applicable).

5.2. If proposing subcontractors, the Offeror shall explicitly detail on its Cost/Price proposal the amount of work subcontracted, in terms of both dollars and percentage.

6.0 Volume 4: Business

6.1 Business Volume Section 1: Signed Solicitations and Amendments in FULL

a. Standard form (SF) 1449 Solicitation- Signed and each provide the “each” and “total” pricing for all Contract Line Item Numbers (known herein as “CLINs”). The Offeror SHALL SUBMIT ALL PAGES of the Solicitation and specifically highlight any portions of the solicitation where the Offeror has hand written or added text that the Government should note during the evaluation of your Offeror.

b. Any SF30 Amendments published during this solicitation.

c. Any Representations and Certifications (pay attention to solicitation clauses).

d. A list of any exceptions, deviations, or assumptions will NOT be allowed.

6.2 Business Volume Section 2: ORGANIZATIONAL CONFLICT OF INTEREST: The term “Organizational Conflicts of Interest” (OCI) is defined in FAR 2.1; also see FAR 9.502 (c). For this solicitation, “OCI” exists when a Contractor would face an actual or potential conflict of interest if it worked on the planned contract, due either to its other business interests or to the nature of the effort to be performed.

The Contracting Officer has reviewed and analyzed the PWS under this solicitation and has identified a potential OCI issue. The potential issue is the Contractor providing the YCP Inspection Services under this contract would be unable to compete for any forthcoming potential NGB YCP Training contract. Any Contractor currently or in the future is allow to provide Youth Challenge Training services at the STATE LEVEL. Any Contractor having subsidiary companies will state how they will mitiage any OCI issues. Any forth coming training contract’s total value will be less than this Inspection services contract. Therefore, the Offeror shall submit an OCI Mitigation Plan discussing HOW they will ensure no OCI Issues will occur between their company and any potential forthcoming YCP Training Services contract.

Offerors are encouraged to make a preliminary disclosure to the Contracting Officer, prior to the due date for receipt of proposals, of any additional OCI issues the Offeror has identified. Such preliminary disclosure will allow the Contracting Officer more time to assess both the potential OCI and the Offeror’s proposed strategy to negate or mitigate the OCI. This assessment may be crucial since, per FAR 9.504(e), the Contracting Officer may not award a contract to a Contractor with an OCI that cannot be negated or mitigated.

(End of Provision)

NOTICE OF ORGANIZATIONAL CONFL

Per 9.507-1, “Solicitation Provisions”:

(a) The Government has identify an OCI Issue and finds the Contractor providing YCP Inspections services, cannot also perform on the forthcoming YCP Training Services.

(b) The nature of the potential conflict as seen by the contracting officer is as follows. Organizational conflict may arise if the inspectors, who use NGB developed checklists, underrate or give low scores to a Youth ChalleNGe program, then recommend corrective training actions or SAVs in order to 'improve' their scores. There would be the possibility of recommendations of unnecessary training in order to plus up their training contract. The Government’s intent is for there to be an independent 'white hat' and 'black hat' relationship, whereby the training vendor reviews the inspection results objectively to allow the Government to determine where best to focus their training efforts on areas to improve overall the YCP.

(c) The nature of the proposed restraint upon future contractor activities is the successful Offeror of this YCP Inspections Services contract, will not be allow to submit as a prime, subcontractor, partnership, and/or mentor/mentee for the forthcoming YCP Training Services contract.

(d) The provision is NOT subject to negotiation.

(End of Provision)

ORDER INSTRUCTIONS

Order Instructions:

All order under this contract shall be awared by the National Guard Bureau, W9133L.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$50,000.00

$7,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-SEP-2022

ARMY NATIONAL GUARD HQ

111 S GEORGE MASON DR. AH2

ARLINGTON, VA 22204

W81MNB

28-SEP-2022

W81MNB

28-SEP-2022

W81MNB

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

Full cooperation—

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

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

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

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

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

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

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

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

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

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

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

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

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

(2) The Contractor shall--

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

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

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

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

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

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

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

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

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

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

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

(2) An internal control system.

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

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

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

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

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

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

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

(1) Monitoring and auditing to detect criminal conduct;

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

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

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

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

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

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

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

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

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

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

(d) Subcontracts.

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

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

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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 extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR…