Soldier Member Family Support EEC

Type of document: Contract Notice
Country: United States

Soldier Member Family Support EEC

Agency:
Department of the Army

Official Address:
Attn: USPFO-P
PO Box 14840 Salem OR 97309-5008

Zip Code:
97309-5008

Contact:
Phillip Chik, Contracting Officer, Email phillip.l.chik2.civ@mail.mil

Link:

Date Posted:
27/08/2018

Classification:
R

Contract Description:
Solicitation # 11199311 Amendment 1
Action Code: Combined Synopsis/ Solicitation Notice
NAICS Code/ PSC Code: 541612/ R431

Subject: Employment and Education Outreach Services
Solicitation Number: 11199311
Posted date: Aug 27, 2018
Response due Date and Time: Sep 17, 2018 11:00 am Pacific
Set Aside: Service-Disabled Veteran-Owned Small Business
Contracting Office Address:
United States Property and Fiscal Office
ATTN: USPFO-P, 1776 Militia Way/PO Box 14350
Salem, Oregon 97309-5047

Performance Location:
Service Member Family Support (SMFS)
ANDERSON READINESS CENTER (ARC)
3225 State Street
Salem, Or 97309

Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation is No. 11199311 and is issued as a Request for Quote (RFQ). The RFQ will result in a firm fixed price contract. The North American Industry Classification System (NAICS) code for this acquisition is 541612 – Human Resources Consulting Services

The government intends to award a Firm Fixed price contract award. Electronic quotations are the only acceptable method of quotation. Faxed offers will not be considered. Email quotations to Phillip Chik, at: phillip.l.chik2.civ@mail.mil. The award will only be made to an offeror whose quotation is all-inclusive of the requirements on this solicitation.

Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors’ proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors’ proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at Clauses may be accessed electronically in full text through

Period of Performance (POP): After contract award, the anticipated Period of Performance (PoP) will be from September 25, 2018 through September 24, 2019.

Information to Offerors

All Quotes shall be firm-fixed pricing.

If you have any questions or concerns regarding this Request for Quote (RFQ), please contact Phillip Chik at 503-584-3784 or at email: phillip.l.chik2.civ@mail.mil. To ensure receipt of your quote, please send quote to Phillip Chik

SAM vendor registration is required. Please visit www.sam.gov . Step-by-step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors’ proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors’ proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at Clauses may be accessed electronically in full text through
Please review FAR clause 52.229-3 for any exemptions in Federal, State and Local Taxes and their applicability pertaining to your quote for this RFQ.

Basis for Award

The Government will award one contract resulting from this solicitation in accordance with FAR 13.5 to the responsible offeror conforming to all requirements in this solicitation and quoting the lowest price offeror meeting all the requirements of the Selection Criteria outlined in the PWS. It is also required that you provide adequate technical documentation as required by the requirements of this solicitation to determine you are capable of providing the services needed. The awarded vendor will provide us with the documents listed below. This will be verified by a government representative that the person is technically acceptable before issuance of award.

SELECTION CRITERIA

The contractor must produce these documents along with their firm fixed priced quote in order to be considered for selection based on the following criteria, Please Place your past performance on a separate document entitled Past Performance (Selection Criteria Documents) along with your quote listed in the bottom of this section. Offeror will be rated “technically acceptable” if the quote meets the requirements of the solicitation. The offeror must adequately address the performance standards in each item listed in section 3 Performance Requirements of the PWS. Offeror will be rated “technically unacceptable” fi the quote does not meet the requirements of the solicitation. The price listed at the bottom of this section will be evaluated for price only:

• Key Personnel

a) Key personnel. The Offeror shall propose key personnel for the following position:
1) Project Manager

Failure of the Offeror to propose the required key personnel position will adversely affect the Government’s evaluation of the proposal and may make the proposal ineligible for award.
Qualifications and suitability. SMFS will evaluate the proposal key personnel qualifications and suitability for the proposed position in relation to the work for which they are proposed to perform and areas of responsibility. The qualifications and suitability of the individual key personnel will be evaluated of the following:
1) Education. SMFS will evaluate the key personnel on their education, training, certifications, experience, and/or licenses. Experience, in lieu of education, may be considered.
2) Experience. SMFS will evaluate the key personnel on their recent relevant experience in performing work similar in scope, size, and complexity.
3) Demonstrated performance. SMFS will evaluate the key personnel on their recent relevant past performance, including leadership and other accomplishments, as demonstrated through the resume information and reference checks.
b) SMFS may contact references of key personnel and previous employers to verify the accuracy of the information contained in the resume and to further assess the qualifications and suitability of proposed key personnel. SMFS may also consider information received from other sources in its evaluation of key personnel.
Failure of the Offeror to provide a letter of commitment for key personnel may adversely affect the Government’s evaluation of the proposal.

• Past Performance:

Must provide 1, but no more than 3 jobs that have been done that are similar in scope.

• Price

CLIN 0001 Employment and Education Services POP September 25th 2018 through September 24th 2019 I/U 12 Months $_____________ TOTAL $_______________

CLIN 0002 Travel for events POP September 25th 2018 through September 24th 2019 I/U 12 Months $_____________ TOTAL $_______________

CLIN 0003: Army Contractor Manpower Reporting Requirement (yearly requirement). Include price for this reporting requirement (see requirement below) or indicate “No Charge”. TOTAL $________________

TOTAL CLIN 0001 – 0003 TOTAL $_________________

ANTI-TERRORISM TRAINING
Contractor must be able to provide the below training certificates 3 days before the commencement of work is to start on or before September 25th 2018. Certificates must be provided to the Contracting Officers Representative (COR) along with copies sent to the Contracting Officer and Contract Specialist.

AT Level I Training. This provision/clause/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days before contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the Contracting Officer, within 3 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 3 calendar days of the training event start date (NLT 26 March 2017), with the results reported to the COR and KO before contract commencement.

Contracting Manpower Recording Act (CMRA): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the ARMY collection site as described in this associated PWS. The contractor shall complete Contractor Manpower Reporting (CMR) in accordance with the requirements outlined in the PWS. Information regarding CMR, including contractor user guides, can be obtained at the following website:

Unit Identification Code (UIC) for the Requiring Activity: W8BAAA

Issuing Office DoDAAC: W912JV

Requirements for your Quote

Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. You may also fill out the PDF version on FBO of the solicitation and send in by the closing due date and time. The award will only be made to an offeror that is all-inclusive of the requirements for this solicitation.

PRICES QUOTED MUST BE VALID FOR 30 DAYS.

FOB Destination TO:

ORARNG
1776 Militia Way/PO Box 14350
Salem, Oregon 97309-5047

Please return this page and provide the following information.

Contact Person: ________________________________________________________

E-mail Address: ________________________________________________________

Telephone: ____________________________________________________________

DUNS Number: _________________________________________

CAGE Code: ________________________________________

Federal Tax ID Number _____________________________________________

WD 15-5574 (Rev.-6) was first posted on www.wdol.gov on 08/14/2018
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2015-5574
Daniel W. Simms Division of | Revision No.: 6
Director Wage Determinations| Date Of Revision: 08/03/2018
_______________________________________|____________________________________________
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts
____________________________________________________________________________________
State: Oregon

Area: Oregon Counties of Marion, Polk
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE – TITLE FOOTNOTE RATE
01000 – Administrative Support And Clerical Occupations
01020 – Administrative Assistant 23.54
01041 – Customer Service Representative I 13.16
01042 – Customer Service Representative II 14.79
01043 – Customer Service Representative III 16.14
01051 – Data Entry Operator I 13.11
01052 – Data Entry Operator II 14.30
01060 – Dispatcher, Motor Vehicle 20.74
01070 – Document Preparation Clerk 15.13
01090 – Duplicating Machine Operator 15.13
01111 – General Clerk I 13.41
01112 – General Clerk II 14.63
01113 – General Clerk III 17.33
01120 – Housing Referral Assistant 20.76
01141 – Messenger Courier 15.72
01191 – Order Clerk I 15.53
01192 – Order Clerk II 16.95
01311 – Secretary I 16.65
01312 – Secretary II 18.62
01313 – Secretary III 20.76
01320 – Service Order Dispatcher 18.54
01410 – Supply Technician 23.54
01420 – Survey Worker 19.88
01460 – Switchboard Operator/Receptionist 14.60
01531 – Travel Clerk I 13.60
01532 – Travel Clerk II 14.80
01533 – Travel Clerk III 15.93
01611 – Word Processor I 14.83
01612 – Word Processor II 16.65
01613 – Word Processor III 19.59
13000 – Information And Arts Occupations
13011 – Exhibits Specialist I 24.13
13012 – Exhibits Specialist II 29.90
13013 – Exhibits Specialist III 36.58
13047 – Librarian 33.11
13050 – Library Aide/Clerk 13.62
13054 – Library Information Technology Systems 29.90
Administrator
13058 – Library Technician 18.02
13061 – Media Specialist I 21.58
13062 – Media Specialist II 24.13
13063 – Media Specialist III 26.90
13090 – Technical Order Library Clerk 17.10
13110 – Video Teleconference Technician 21.58
15000 – Instructional Occupations
15050 – Computer Based Training Specialist / Instructor 28.55
15060 – Educational Technologist 40.96
15090 – Technical Instructor 21.90
15095 – Technical Instructor/Course Developer 26.79
15110 – Test Proctor 17.79
15120 – Tutor 17.79
24000 – Personal Needs Occupations
24550 – Case Manager 18.65
24570 – Child Care Attendant 10.95
24580 – Child Care Center Clerk 14.34
24610 – Chore Aide 11.83
24620 – Family Readiness And Support Services 18.65
Coordinator
24630 – Homemaker 18.65
___________________________________________________________________________________
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $4.48 per hour computed on the basis of all hours worked by service employees employed on the contract.

HEALTH & WELFARE EO 13706: Minimum employer contributions costing an average of $4. 18 per hour computed on the basis of all hours worked by service employees employed on the covered contracts. *

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of “wash and wear” materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the “Service Contract Act Directory of Occupations”, Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency’s recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division’s decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the “Service Contract Act Directory of Occupations” should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).

 

 

 

 

 

Performance Work Statement (PWS)
Oregon Service Member and Family Employment and Education Program FY18

Vision Statement
1 Introduction
1.1 Mission
1.2 Scope
2 General Requirements
2.1 Non-Personal Services
2.2 Business Relations
2.3 Contract Administration and Management
2.3.1 Contract Management
2.3.2 Contract Administration
2.3.3 Personnel Administration
2.3.4 Removal of Personnel
2.3.5 Employment and Staffing
2.3.6 Contractor Employee Qualifications
2.3.6.1 Qualifications Requirements
2.3.7 Exempt Professional Employees
2.3.8 Combating Trafficking in Persons
2.3.9 Contractors responsibility
2.3.10 Monthly Hour / Expense Reporting
2.4 Subcontract Management
2.5 Contractor Personnel, Disciplines, and Specialties
2.6 Hours of Work
2.6.1 Facility Closures
2.7 Travel / Temporary Duty (TDY)
3 Performance Requirements
3.1 Develop and utilize a tracking system, client record, and a summary report for clients.
3.2 The Contractor shall identify client employability status and develop individualized plan to strengthen the individual’s career and employment opportunities.
3.3 The Contractor shall identify client educational needs to develop an individualized plan to strengthen the individual’s education and career path.
3.4 Advertising Employment and Education Outreach efforts
3.5 The Contractor shall perform the following in support of Task: 3.1, 3.2, and 3.3.
3.6 Centralized Reporting and Collaboration Tool
3.6.1 Centralized Collaboration Tool Performance Requirements
4 Special Requirements
4.1 Security and Safety
4.1.1 Safety
4.1.2 Confidentiality
4.1.3 Personal Information
4.1.4 Identification of Contractor Employees…………………………………………………………………
4.2 Transition
4.3 Government Furnished Materials
4.4 Quality
4.4.1 Quality Control
4.4.2 Data Rights
4.4.3 Quality Assurance Surveillance Plan (QASP)
4.5 Contractor Manpower Reporting Application (CMRA)………………………………………………….
5 Deliverables
6 Related Documents…………………………………………………………………………………………..
7 Acronyms List

Performance Work Statement (PWS)
Oregon Service Member and Family Employment and Education Program FY18
Vision Statement

The Oregon Employment and Education Outreach Program functions to assist Reserve Component Service Members, Veterans, and their Families with employment and educational needs.

1 Introduction
In general, the contractor shall be able to provide all labor, tools, supervision, materials, events, training, tracking, reporting and equipment to support the listed services. Assistance in the development and implementation of outreach services for military personnel entering / re-entering the civilian community with concentration on education and employment opportunities. Network with the local government and other agencies and disseminate this information to the appropriate Veterans and / or Service Members. Provide career support to include career assessment, resume writing, interview skills coaching and identification of employment barriers. Participate in Yellow Ribbon events for the Oregon National Guard; identify educational and employment needs of Service Members and their Families within each geographic area. Provide reports back to the Oregon National Guard to include but not limited to pre-employment and educational progress, special focus is on the status of unemployed Service Members deployed since 2003 to capture information on their progress regarding employment and education.
1.1 Mission
The Oregon National Guard Service Member and Family Support Directorate (SMFS) has a requirement for contractor support to manage all aspects of a Reserve Component Employment and Education Outreach program designed to identify Service Members, Veterans and their Families eligible for support and provide them with information on available benefits and connect them with sources of support / services. The Contractor shall perform all functions necessary to develop and implement programs to identify and support the employment and educational needs of Service Members and Family Members. Contractor shall also inform and educate them on available programs at the national, state and local levels and develop information on improving program effectiveness and offerings. Special emphasis is on gathering information on effectiveness of the program to include: trend analysis, needs assessment surveys and summary reports.
1.2 Scope
The Oregon National Guard has the requirement to provide face to face education and employment services to primarily Reserve Component Service Members and their families with secondary focus on Veterans of all branch services within the state of Oregon. The Service Member Family Support division had divided Oregon into 7 regions (shown in the attached regional Family Assistance Support map). Among the 7 regions there are 7 regional headquarters (HQ): Albany, Salem, Portland Metro, La Grande, Springfield, Medford and Bend. Additional high population areas of consideration are: Clackamas, Hillsboro, Kamath Falls, Pendleton, Ontario, Astoria, and Coos Bay. The desired outcome is providing assistance in gaining meaningful employment and/or further education with the means to track client interaction and results. This contract will cover the Oregon National Guard with a force of approximately 7,862. It will further cover the personnel from Active and Reserve Components to include the Army and Army Reserve (927), the Marine Corps and Marine Corps Reserve (486), Air Force and Air Force Reserve (215), the Coast Guard and Coast Guard Reserve (1,132) and Navy Reserve (459). There is an estimated client population of 21,789 men and women serving the State of Oregon, the United States of America and their families. (We are using a factor of 1.98 per service member to estimate the total client population that includes families and retirees.)

2 General Requirements
This PWS conveys the basic requirements, performance standards and assessment measures. Performance standards, when stated in the PWS, provided a general basis for measuring the performance for each requirement.
2.1 Non-Personal Services
The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Procuring Contracting Officer (PCO) immediately.
2.2 Business Relations
The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.
2.3 Contract Administration and Management
The following subsections specify requirements for contract, management, and personnel administration.
2.3.1 Contract Management
The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at place of performance as specified in the contract and the contractor’s corporate offices. The contractor shall provide management of subcontracts so as to ensure transparency of services to the Government; this includes timely payment of sub-contractors and organic personnel, which is the singular responsibility of the contractor. The Contracting Officer Representative (COR) shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the Contracting Officer (KO). The COR shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.
2.3.2 Contract Administration
The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall designate and maintain a single point of contact between the Government and Contractor personnel assigned to support the contract. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement.
2.3.3 Removal of Personnel
The Government reserves the right to require the contractor to remove contractor employees at any time due to violation of law, regulation or imminent danger to government employees, facilities or interests. The contractor is responsible at all times for providing service at the required level and must develop a plan to ensure continuity of services in the event of unexpected departure or removal of contractor personnel.
2.3.4 Employment and Staffing
Employment and staffing difficulties shall not be justification for the contractor’s failure to meet established requirements. If such difficulties impair performance, the contractor may be subject to termination for cause.
2.3.5 Contractor Employee Qualifications
The contractor is responsible for providing a fully qualified work force. The contractor shall employ and utilize only experienced, responsible and capable persons in the performance of work under this contract. All employees must be citizens of the United States.
2.3.5.1 Key Personnel Qualifications Requirements
The Project Manager is considered a Key Personnel position. Key Personnel required Bachelor’s degree or demonstrated practical experience in the area(s) of expertise required by the technical specifications, as well as a demonstrated capability in program / project coordination applications with two years’ experience. Possess knowledge directly related to the requirements as they relate to the Reserve Components. In addition, the project manager must h
ave team lead or management experience. The project manager cannot be dual hatted. Any replacement to the Project Manager must be approved by the KO.
2.3.6 Exempt Professional Employees
Contractor employees supporting this requirement are identified as professional employees as defined in 29 CFR 541 and are not subject to the requirements of the Service Contract Act of 1965 (FAR Subpart 22.11 Professional Employee Compensation). The Contractor shall ensure the labor categories as defined in the Labor Categories document, labor rates, and man-hours utilized in the performance of each Task Order (PWS line item) issued hereunder will be the minimum necessary to accomplish the task.
2.3.7 Combating Trafficking in Persons
The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Governments zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17. Contractor will provide anti human trafficking training in support of this requirement.
2.3.8 Contractors responsibility
The contractor has sole responsibility to supervise, remove, replace, discipline or approve leave for its employees. In the event that an employee is removed or replaced, the contractor shall notify the COR whenever changes are proposed. If the employee being replaced is key personnel, it must be approved by the KO.
2.3.9 Monthly Hour / Expense Reporting
The Contractor shall itemize monthly costs, breaking down hours worked and travel expenses. The contractor shall organize this information by CLIN and shall differentiate tasking costs individually and separately to facilitate cost monitoring. The report shall include costs incurred through the calendar month prior to the report. This report shall be submitted with the invoice.

2.3.10 Post Award Conference/Periodic Progress Meetings
The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

2.3.11 Phase In / Phase Out Period
To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board during the thirty (30) day Phase In/ Phase Out periods. During the Phase In period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

2.4 Subcontract Management
The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. In the event that a potential OCI is identified, the prime contractor is responsible for immediately preparing and submitting to the KO for approval, and adequate mitigation plan. Contractors may add subcontractors to their team after notification to the PCO or COR.
2.5 Contractor Personnel, Disciplines, and Specialties
The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.
2.6 Hours of Work
The contractor shall provide services between the core hours of 8:00 am to 4:30 pm Monday thru Friday. Flexibility in schedule is required to accommodate meetings with program participants, scheduled outreach events and drill weekends. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. The ten (10) federal holidays are to be observed and do not require staff to respond (New Year’s Day, Martin Luther King Jr, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day). When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Government shall not be liable for overtime hours incurred in excess of the aforementioned minimum coverage. Travel throughout Oregon is required.
2.6.1 Facility Closures
When an unforeseen Government facility closure occurs on a scheduled day of work, the Contractor shall not be required to perform any services on the day of the closure and shall receive no payment (unless the KO designates the services as essential during the time of facility closure). In the event of a partial day unforeseen Government facility closure, the Government will notify the Contractor within one hour after notification of the facility closure is received. Payment of a partial day closure will be made for the actual time worked.
2.7 Travel / Temporary Duty (TDY)
Travel to other government facilities and to client meetings at a variety of locations, to include travel to outlying areas, in the state shall be required.

Estimated travel mileage/events per year
Region City Total Mileage estimated per Region Estimated number of nights of lodging for events outside 50 radius of duty location
Region 1 Salem 5860 22
Region 2 and Region 4 Portland 16,624 36
Region 3 La Grande 5320 12
Region 5 Springfield 6847 20
Region 6 Medford 4500 10
Region 7 Bend 4500 10
Program Manager Oregon 4500 10
120 possible nights of lodging
3 Performance Requirements
The following section specifies the Performance Objectives, Performance Elements and Specified Tasks for the contract.
3.1 Develop and utilize a tracking system, client record, and a summary report for clients.
Performance Standards
a) STD: Develop a record for each client
AQL: 100% accountability
b) STD: Tracking system that generates monthly reports, to include: Who, What, When, Where, Why, and How.
AQL: 95% accuracy
Deliverables
A3 Summary report
Inspection
What: Client records summary report
How: Contractor report and random inspections
Frequency: Monthly
Who: COR

3.1.1 The Contractor shall compile and manage daily an intake form, phone log, email correspondence, status reports, customer surveys and a follow up log within each client’s record.
Performance Standards
a) STD: Chronologically Organized
AQL: 100% of the time
b) STD: Detailed Essential Information with above information fields
AQL: 95% accuracy
c) STD: Historical Records accessible to KO and COR for review of documents
AQL: 100% of the time
Deliverables
A3 Summary report
A4 Develop and submit client record
Inspection
What: Intake form, phone log, email correspondence, status reports, customer surveys, and follow up log
How: Random Inspection of client records
Frequency: Monthly review
Who: COR

3.1.2 The Contractor shall design and maintain Intake forms for clients. Intake forms must contain at minimum the client’s name, service affiliation (if dependent, sponsors service affiliation), service dates, service status (guard, reserve, inactive, etc.), location (home of record / currently living), and resource needed. Develop intake form including all above desired information and ensure form is used for every intake
Performance Standards
a) STD: Verify / Validate Client Forms
AQL: 100%
b) STD: Accurate
AQL: 95% of the time
Deliverables
A3 Summary Report
A4 Develop and submit client record
Inspection
What: Intake Forms
How: Contractor will compile a report
Frequency: Monthly
Who: COR

3.1.3 The Contractor shall document and return phone and emails calls from clients.
Performance Standards
a) STD: Within 24 hours
AQL: 95% of the time
Deliverables
A4 Develop and submit client record
Inspection
What: Develop and submit client records, customer surveys
How: Contract report
Frequency: Monthly
Who: COR

3.1.4 The Contractor shall track success of employment placements including longevity of employment and wage progression.
Performance Standards
a) STD: Track success
AQL: 100% accuracy
Deliverables
A4 Develop and submit client record
Inspection
What: Develop and submit client record
How: Random Inspection
Frequency: Random
Who: COR

3.1.5 The Contractor shall identify trends and areas of improvement. Generate and maintain a summary report containing information to build a trend analysis of data collected in previous tasks above.
Performance Standards
a) STD: Create customer surveys and distribute one to each client. Tracking system that generates monthly reports, to include: Who, What, When, Where, Why, and How.
AQL: 100% on time submission of monthly summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contract report
Frequency: Monthly and random inspections
Who: COR

3.2 The Contractor shall identify client employability status and develop individualized plan to strengthen the individual’s career and employment opportunities.
Performance Standards
a) STD: Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A5 Regional resource report
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, regional resource report, customer surveys
How: Contractor report, and random inspections
Frequency: Random
Who: COR

3.2.1 The Contractor shall provide face to face assistance with résumé building and if needed, mock interviews for clients.
Performance Standards
a) STD: Identifies and corrects deficiencies
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contractor report and random inspections
Frequency: Monthly
Who: COR

3.2.2 The Contractor shall determine job compatibility based on skill set for career path.
Performance Standards
a) STD: Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contractor report and random inspections
Frequency: Random
Who: COR

3.2.3 The Contractor shall maintain and update job listings on weekly basis by city, county, and/or region for employment seekers.
Performance Standards
a) STD: Reports are accurate
AQL: 100% of the time
Deliverables
A6 Regional employment availability listings.
Inspection
What: Job listings
How: Request job listings by email or in person
Frequency: Random documented surveillance no less than twice per month.
Who: COR

3.3 The Contractor shall identify client educational needs to develop an individualized plan to strengthen the individual’s education and career path.
Performance Standards
a) STD: Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A5 Regional resource report
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, regional resource report, customer surveys
How: Contractor report and random inspections
Frequency: Monthly
Who: COR

3.3.1 The Contractor shall maintain and update educational resources point of contacts listing by city, county, and/or region for clients.
Performance Standards
a) STD: Reports are accurate
AQL: 90% of the time
Deliverables
A3 Summary Report
A4 Develop and submit client record
A5 Regional resource report
Inspection
What: Summary report, develop and submit client record, regional resource report
How: Contractor report and random inspections
Frequency: Random documented surveillance no less than twice per month.
Who: COR

3.3.2 The Contractor shall ensure all schools presented to service members and veterans are Department of Defense approved.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Deliverables
A7 Regional education resource report
Inspection
What: DoD approved
How: Contractor report
Frequency: Monthly and random inspections
Who: COR

3.3.3 Each regional representative shall report on military educational resources to include but not limited to: GI bill, Tuition assistance, grants, and local resources.
Performance Standards
a) STD: Summary report
AQL: 95% accuracy
Deliverables
A3 Summary Report
A5 Regional resource report
Inspection
What: Regional representative ability to remain current in military educational resources, submit summary report
How: Regional visits, contractor report, customer surveys, develop and submit client records
Frequency: Random
Who: COR

 

3.4 The Contractor shall provide a staffed Employment and Education Outreach display for up to 12 Outreach Events (Yellow ribbon, Job fairs, etc.) throughout the state. Event locations will be within 100 miles of regional HQ’s and the contractor will have 45 days’ notice of events. Material must be produced to reflect resources for the event region.
Performance Standards
a) STD: Task Specified
b) STD: Provide a standard booth or table with materials at the events.
AQL: 100% of the time
Deliverables
A7 Scheduled events
A8 Staffed Employment and Education Outreach Display – During up to 12 events as directed.
Inspection
What: staffed displays, materials for each region
How: Event attendance by COR or Program Manager
Frequency: 30 days prior to event and event day
Who: COR and Program Manager

3.4.1 The Contractor shall provide Employment and Education Outreach posters tailored to each region. Estimated 10 posters in each region to post in each facility. Posters will be distributed within 15 days of approval. The Government will not provide art work.
Performance Standards
a) STD: Posters will be approximately 2′ x 3′ in dimension in color and high gloss.
b) STD: The contractor shall develop the posters and submit the products for approval by the government no later than 30 days after the award of this contract.
c) STD: Posters will be distributed among facilities within 15 days of government approval.
AQL: 100% distribute rate
Deliverables
A9 Posters
Inspection
What: Posters
How: Contractor provided approved by the government
Frequency: Within 30 days of contract award
Who: COR and the Oregon National Guard Public Affairs Office

3.4.2 The Contractor shall establish Employment and Education Outreach brochures tailored to each region or a single brochure with combined regional resources. Brochures will be distributed within 15 days of approval. The Government will not provide art work.
Performance Standards
a) STD: Design and develop brochures in color and high gloss.
b) STD: The contractor shall develop the brochures and submit the products for approval by the government no later than 30 days after the award of this contract.
c) STD: Brochures will be distributed among facilities within 15 days of approval.
AQL: 100% distribute rate
Deliverables
A11 Brochures
Inspection
What: Brochures
How: Contractor provided approved by the government
Frequency: Within 30 days of contract award
Who: COR and the Oregon National Guard Public Affairs Office

3.5 The Contractor shall provide dedicated representative for each region. One representative minimum per region with duty location within the assigned region based on region map below.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Inspection
What: Regional Representative
How: Regional visits
Frequency: Monthly and random inspections
Who: COR and Program Manager

3.5.1 The regional representatives will wear a minimum of business casual attire when conducting face to face interactions with clients or working in the community, e.g. slacks, collared, shirt/blouse, dress shoes, etc.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Inspection
What: Business casual
How: Regional visits
Frequency: Random
Who: COR and Program Manager

3.5.2 The Contractor shall respond to clients within 1 business day for phone calls, emails, and inquires.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Deliverables
A4 Maintain client record
Inspection
What: Contractor shall respond to clients within 1 business day for phone calls, emails, and inquires
How: Contractor report, random inspections, customer survey, develop and submit client records
Frequency: Monthly and random inspections
Who: COR

3.5.3 The Contractor shall coordinate appointments within 2 business days of initial contact. A face to face appointment will be scheduled within two weeks.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Deliverables
A4 Maintain client record
Inspection
What: Coordinate appointments within 2 business days of initial contact, face to face appointment will be scheduled within 2 weeks.
How: Contractor report, random inspections, customer survey, develop and submit client records
Frequency: Monthly and random inspections
Who: COR

3.5.4 The Contractor shall conduct a follow up action every 30 days until the case is closed. Document all attempts. Case is complete when the client no longer request service or fails to respond.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Deliverables
A3 Summary report
A4 Maintain client record
Inspection
What: Follow up action every 30 days until customer case is closed
How: Contractor report and develop and submit client record
Frequency: Monthly and random inspections
Who: COR

3.5.5 The regional representative will make a minimum of five weekly contacts and perform site visits to Educational agencies, Employers, Military Units, County Veterans Service Officers, State and Federal Employment agencies within their region to network and educate them on the services provided and to obtain clients in need of said services.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Deliverables
A3 Summary report of contact info to COR.
Inspection
What: Site visits
How: Regional visits and contractor reports
Frequency: Random documented surveillance no less than twice per month
Who: COR

3.5.6 Each regional representative will attend a different unit drill each month within their region and visit each facility within their region at a minimum of once quarterly.
Performance Standards
a) STD: Compliant with applicable standards
AQL: 90% accuracy
Deliverables
A3 Submit summary report to COR of visits with key points of contact, including contact information and how program was marketed (ex: briefing, table, face to face with Service Members).
Inspection
What: Regional representative will attend a different unit drill each month, summary reports
How: Regional visits, contractor reports, and random inspections
Frequency: Random documented surveillance no less than twice per month
Who: COR

3.5.7 Each regional representative will conduct a face to face visit with the Family Assistance Specialist (FAS) and Airmen and Family Readiness Program Manager (AFRPMs) in their region at a minimum of once every 30 days.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Inspection
What: Face to face visits with FAS and AFRPMs
How: Regional visits and validating with FAS and AFRPMs
Frequency: Monthly
Who: COR

3.5.8 The Contractor shall provide one dedicated Project Manager between the regional representatives and the SMFS office.
Performance Standards
a) STD: Task Specified
AQL: 100% of the time
Inspection
What: Dedicated Project Manager between the regional representatives and the SMFS office
How: Contractor will provide current contact information
Frequency: Continuous
Who: COR and Program Manager

3.5.8.1 The Project Manager will meet with the SMFS office once every 2 weeks to stay abreast with current information and disseminate new information down to the regional representatives within 2 business days.
Performance Standards
a) STD: Task Specified
AQL: 95% of the time
Inspection
What: Face to face interactions with the SMFS office once every 2 weeks
How: Face to face
Frequency: Every 2 weeks
Who: COR and Program Manager

 

3.6 Centralized Reporting and Collaboration Tool
Contractor will provide a standard end of the month report that reflects the number of times each PWS paragraph and paragraph specific sub criteria (see each individual PWS paragraph for these criteria (i.e., branch of service, contact type, service provided) are actioned on a monthly basis. For the safety of Personal Identifiable Information (PII), this information will not be stored and housed via spreadsheet or database in or on any individual Contract Employee computer type device. The Contractor’s choice of centralized collaboration tool will be the sole storage of reportable data and reporting actions. Contractor’s collaboration tool will have a reporting system that is flexible enough to accommodate and provide reports upon request within a 24 hour time window. Although collected, stored and housed by the Contractor, all data is the property of the Oregon Service Member and Family Program. All data tables are to be turned over to the Oregon Service Member and Family Program upon termination of services or transferred as directed to incoming Contractor.
3.6.1 Centralized Collaboration Tool Performance Requirements
Using the reporting and collaboration tool, the Contractor will provide a Contacts Report, Client Report, and Administrative Report to include Clients contacted during the month, their current/previous Branch of Service, if Spouse, Dependent, Retiree, Veteran, Guardsman, Reservist, etc. Contractor will ensure backup data is provided along with the PWS Report.
4 Special Requirements
This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.
4.1 Security and Safety
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. 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.
4.1.1 Safety
Contractor Compliance: The contractor and its subcontractors shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DoDD 4715.1E). These requirements shall be incorporated into the contractor’s safety and health program. The Department of Defense (DoD) participates in the OSHA Voluntary Protection Program (VPP). Contractor personnel performing services on a DoD installation shall participate in the local VPP.
Mishap Notification and Investigation: The contractor and its subcontractors (if applicable) shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The contractor shall notify (via telephone) the KO, COR, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the contractor will in-turn notify the Safety office. Contractor notifications made after duty hours shall be reported to the appropriate installation Command Post. If requested by the KO, COR, and/or the SMFS Program Manager, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.
4.1.2 Confidentiality
Maintain strict confidentiality of all information related to Service Members and their Families. Health Insurance Portability and Accountability Act (HIPAA) Privacy Regulations will be strictly followed to ensure confidentiality and right to privacy is maintained.
4.1.3 Personal Information
The Contractor shall protect all Personally Identifiable Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the Contractor’s violation of the aforementioned policies, the Contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

4.1.4 Identification of Contractor Employees:
Contractor employees will require badges to be worn at all times in the performance of this contract. All Contractor personnel attending meetings, answering Government telephones are required to identify themselves as contract employees to avoid creating an impression they are Government employees. The Contractor shall ensure all documents or reports produced by Contractor personnel are suitably marked as Contractor products or Contractor participation is appropriately disclosed. The Contractor’s status as a “Contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities/ Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “Contractor” displayed. The Contractor shall retrieve all identification media (including vehicle passes) from their employees who depart employment for any reason. All identification media (i.e., badges and vehicles passes) shall be returned to the KO and COR within 14 calendar days of an employee’s departure.

4.1.5 ANTI-TERRORISM TRAINING
Contractor must be able to provide the below training certificates 3 days before the commencement of work is to start on or before September 25th 2018. Certificates must be provided to the COR along with copies sent to the KO.

AT Level I Training. This provision/clause/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days before contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the KO and COR, within 3 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 3 calendar days of the training event start date (NLT 22 September 2018), with the results reported to the KO and COR before contract commencement.
4.2 Transition Plan
The contractor shall follow the transition plan submitted as part of the proposal and keep the Government fully informed of status throughout the transition period. Throughout the phase-in periods, it is essential that attention be given to minimize interruptions or delays to work in progress that would impact the mission. The contractor must plan for the transfer of work control, delineating the method for processing and assigning tasks during the phase-in/phase-out periods.
4.3 Government Furnished Materials
The Government will make space available at government facilities to meet with clients, but will not provide a dedicated workstation, computer, or other equipment to include office supplies. The COR will coordinate access to utilize government facilities when necessary. Requests for use of these facilities need to be sent to the COR at least 30 days in advance, he will need sufficient time to reserve the space requested.
4.4 Quality
This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.
4.4.1 Quality Control
The Contractor shall develop a QCP (Quality Control Plan) and maintain an effective QCP to ensure services are performed in accordance with the contract and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractors QCP is the means by which he assures himself that his work complies with the requirement of the contract. The finalized QCP will be accepted by the Government at the time of the award of the Task/Delivery Order. The KO may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the KO. Any modifications to the program during the period of performance shall be provided to the KO for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Governments review and approval. The Government may find the QCP “unacceptable” whenever the Contractors procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found “unacceptable.”
4.4.2 Data Rights
The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
4.4.3 Quality Assurance Surveillance Plan (QASP)
The Government shall monitor the Contractors performance under this contract in accordance with the Governments QASP.

4.5 Contractor Manpower Reporting Application (CMRA):
The Contractor shall report ALL Contractor labor hours (including Sub-Contractor labor hours) required for performance of services provided under this contract for the ORARNG via a secure data collection site. The Contractor shall completely fill in all required data fields using the following web address: 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 2013. Contractors may direct questions to the help desk at

5 Deliverables
The contractor shall provide deliverables as described in the PWS. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs.

Number Name Frequency Quantity
A1 4.2 Transition Plan
The contractor shall follow the transition plan submitted as part of the proposal and keep the Government fully informed of status throughout the transition period. Included with bid
A2 Training Verification
The Contractor shall notify its employees of the United States Governments zero tolerance of human trafficking policy and non-disclosure of sensitive information. Awareness of the actions that will be taken against employees for violations of this policy. Employee provide training certificates within 10 days of hire date
A3 Summary Report Monthly NLT 5th
The summary report will compile information broken down by each region to include statistic information for developing trend analysis. The summary report will further roll up into a one or two page state summary document. of the following
month
A4 Develop and submit client record Daily
The contractor shall maintain client records for historical value and inspections.
A5 Regional resource reports Weekly NLT
These regional reports will contain employment and educational resources in the community and contacts per region. Compiled from deliverables A3 and A4. Friday’s
A6 Regional employment availability listings Weekly NLT
The available job listings need to be available at minimum via email and hard copy. Friday’s
A7 Scheduled events
The contractor will attend up to 12 Yellow Ribbon Events per contract period. The project manager will coordinate with the SMFS Program Manager and the COR on which events have the highest priority if there are over 12 events during the contract period.
A8 Staffed Employment and Education Outreach Display – During up to 12 events as directed.
Contractor will provide a display at a vendor table with brochures and available educational and employment resource tailored to the event region.
A9 Posters 100
Posters will be approximately 2′ x 3′ in dimension in color and high gloss.
Develop and submit for approval within 30 days of contract award.
Posters will be distributed among facilities within 15 days of government approval.
A10 The Contractor shall create customer surveys 100% of client distribution.
A11 Brochures 2000
Brochures will be in color and high gloss.
Minimum size 5″ x 7″ maximum size 8″ x 11″.
Develop and submit for approval within 30 days of contract award.
Brochures will be distributed among facilities within 15 days of government approval.

6 Related Documents
The following Documents are related to this project

Regional Map

Performance Requirement Summary (PRS)
Statements Standards/AQLs Incentive/Remedy
3.1 Develop and utilize a tracking system, client record, and a summary report for clients. Performance Standards
a) Develop a record for each client
AQL: 100% accountability
b) Tracking system that generates monthly reports, to include: Who, What, When, Where, Why, and How.
AQL: 95% accuracy
Deliverables
A3 Summary report
Inspection
What: Client records summary report
How: Contractor report and random inspections
Frequency: Monthly
Who: COR
3.1.1 The Contractor shall compile and manage an intake form, phone log, email correspondence, status reports, customer surveys and a follow up log within each client’s record. Performance Standards
a) Chronologically Organized
AQL: 100% of the time
b) Detailed Essential Information with above information fields
AQL: 95% accuracy
c) Historical Records accessible to KO and COR for review of documents
AQL: 100% of the time
Deliverables
A3 Summary report
A4 Develop and submit client record
Inspection
What: Intake form, phone log, email correspondence, status reports, customer surveys, and follow up log
How: Random Inspection of client records
Frequency: Monthly review
Who: COR

3.1.2 The Contractor shall design and maintain Intake forms for clients. Intake forms must contain at minimum the client’s name, service affiliation (if dependent, sponsors service affiliation), service dates, service status (guard, reserve, inactive, etc.), location (home of record / currently living), and resource needed. Performance Standards
a) Verify / Validate Client Forms
AQL: 100%
b) Accurate
AQL: 95% of the time
Deliverables
A3 Summary Report
A4 Develop and submit client record
Inspection
What: Intake Forms
How: Contractor will compile a report
Frequency: Monthly
Who: COR
3.1.3 The Contractor shall document and return phone and emails calls from clients. Performance Standards
a) Within 24 hours
AQL: 95% of the time
Deliverables
A4 Develop and submit client record
Inspection
What: Develop and submit client records, customer surveys
How: Contract report
Frequency: Monthly
Who: COR

3.1.4 The Contractor shall track success of employment placements including longevity of employment and wage progression. Performance Standards
a)Track success
AQL: 95% accuracy
Deliverables
A4 Develop and submit client record
Inspection
What: Develop and submit client record
How: Random Inspection
Frequency: Random
Who: COR

3.1.5 The Contractor shall identify trends and areas of improvement. Generate and maintain a summary report containing information to build a trend analysis of data collected in previous tasks above. Performance Standards
a) Create customer surveys and distribute one to each client. Tracking system that generates monthly reports, to include: Who, What, When, Where, Why, and How.
AQL: 100% distribute rate
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contract report
Frequency: Monthly/Random
Who: COR

Statements Standards/AQLs Incentive/Remedy
3.2 The Contractor shall identify client employability status and develop individualized plan to strengthen the individual’s career and employment opportunities. Performance Standards
a) Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A5 Regional resource report
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, regional resource report, customer surveys
How: Contractor report, and random inspections
Frequency: Random
Who: COR
3.2.1 The Contractor shall provide face to face assistance with résumé building and if needed, mock interviews for clients. Performance Standards
a) Identifies and corrects deficiencies
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contractor report and random inspections
Frequency: Monthly
Who: COR
3.2.2 The Contractor shall determine job compatibility based on skill set for career path. Performance Standards
a) Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, customer surveys
How: Contractor report and random inspections
Frequency: Random
Who: COR
3.2.3 The Contractor shall maintain and update job listings by city, county, and/or region for employment seekers. Performance Standards
a) Reports are accurate
AQL: 100% of the time
Deliverables
A6 Regional employment availability listings emailed to COR weekly.
Inspection
What: Job listings
How: Request job listings by email or in person
Frequency: Random documented surveillance no less than twice per month.
Who: COR

Statements Standards/AQLs Incentive/Remedy
3.3 The Contractor shall identify client educational needs to develop an individualized plan to strengthen the individual’s education and career path. Performance Standards
a) Plan clearly and accurately assesses the importance of identified resources
AQL: 90% customer satisfaction based on completed customer surveys, client record and summary report
Deliverables
A3 Summary report
A4 Develop and submit client record
A5 Regional resource report
A10 Customer Survey
Inspection
What: Summary report, develop and submit client record, regional resource report, customer surveys
How: Contractor report and random inspections
Frequency: Monthly
Who: COR
3.3.1 The Contractor shall maintain and update educational resources point of contacts listing by city, county, and/or region for clients. Performance Standards
a) Reports are accurate
AQL: 90% of the time
Deliverables
A3 Summary report
A4 Develop and submit client record
A5 Regional resource report
Inspection
What: Summary report, develop and submit client record, regional resource report
How: Contractor report and random inspections
Frequency: Random documented surveillance no less than twice per month.
Who: COR
3.3.2 The Contractor shall ensure all schools presented to service members and veterans are Department of Defense approved. Performance Standards
a) Task Specified
AQL: 100% of the time
Deliverables
A7 Regional education resource report
Inspection
What: DoD approved
How: Contractor report
Frequency: Monthly and random inspections
Who: COR
3.3.3 Each regional representative shall report on military educational resources to include but not limited to: GI bill, Tuition assistance, grants, and local resources. Performance Standards
a) Summary report
AQL: 95% accuracy
Deliverables
A3 Summary Report
A5 Regional resource report
Inspection
What: Regional representative ability to remain current in military educational resources, su
bmit summary report
How: Regional visits, contractor report, customer surveys, develop and submit client records
Frequency: Random
Who: COR

Statements Standards/AQLs Incentive/Remedy
3.4 The Contractor shall provide a staffed Employment and Education Outreach display for up to 12 Outreach Events (Yellow ribbon, Job fairs, etc.) throughout the state. Event locations will be within 100 miles of regional HQ’s and the contractor will have 45 days’ notice of events. Material must be produced to reflect resources for the event region. Performance Standards
a) Task Specified
b) STD: Provide a standard booth or table with materials at the events.
AQL: 100% of the time
Deliverables
A7 Scheduled events
A8 Staffed Employment and Education Outreach Display – During up to 12 events as directed.
Inspection
What: staffed displays, materials for each region
How: Event attendance by COR or Program Manager
Frequency: 30 days prior to event and event day
Who: COR and Program Manager
3.4.1 The Contractor shall provide Employment and Education Outreach posters tailored to each region. Estimated 10 posters in each region to post in each facility. Posters will be distributed within 15 days of approval. The Government will not provide art work. Performance Standards
a) Posters will be approximately 2′ x 3′ in dimension in color and high gloss.
b) The contractor shall develop the posters and submit the products for approval by the government no later than 30 days after the award of this contract.
c) Posters will be distributed among facilities within 15 days of government approval.
AQL: 100% distribute rate
Deliverables
A9 Posters
Inspection
What: Posters
How: Contractor provided approved by the government
Frequency: Within 30 days of contract award
Who: COR and the Oregon National Guard Public Affairs Office
3.4.2 The Contractor shall establish Employment and Education Outreach brochures tailored to each region or a single brochure with combined regional resources. The Government will not provide art work. Performance Standards
a) Design and develop brochures in color and high gloss.
b) The contractor shall develop the brochures and submit the products for approval by the government no later than 30 days after the award of this contract.
c) Brochures will be distributed among facilities within 15 days of approval.
AQL: 100% distribute rate
Deliverables
A11 Brochures
Inspection
What: Brochures
How: Contractor provided approved by the government
Frequency: Within 30 days of contract award
Who: COR and the Oregon National Guard Public Affairs Office

3.5 The Contractor shall provide dedicated representatives. One representative minimum per region with duty location within the assigned region based on region map above. Performance Standards
a) Task Specified
AQL: 100% of the time
Inspection
What: Regional Representative
How: Regional visits
Frequency: Monthly and random inspections
Who: COR and Program Manager

3.5.1 The regional representatives will wear a minimum of business casual attire when conducting face to face interactions with clients or working in the community, e.g. slacks, collared, shirt/blouse, dress shoes, etc. Performance Standards
a) Task Specified
AQL: 100% of the time
Inspection
What: Business casual
How: Regional visits
Frequency: Random
Who: COR and Program Manager

3.5.2 The Contractor shall respond to clients within 1 business day for phone calls, emails, and inquires. Performance Standards
a) Task Specified
AQL: 100% of the time
Deliverables
A4 Maintain client record
Inspection
What: Contractor shall respond to clients within 1 business day for phone calls, emails, and inquires
How: Contractor report, random inspections, customer survey, develop and submit client records
Frequency: Monthly and random inspections
Who: COR
3.5.3 The Contractor shall coordinate appointments within 2 business days of initial contact. A face to face appointment will be scheduled within two weeks. Performance Standards
a) Task Specified
AQL: 100% of the time
Deliverables
A4 Maintain client record
Inspection
What: Coordinate appointments within 2 business days of initial contact, face to face appointment will be scheduled within 2 weeks.
How: Contractor report, random inspections, customer survey, develop and submit client records
Frequency: Monthly and random inspections
Who: COR
3.5.4 The Contractor shall conduct a follow up action every 30 days until the case is closed. Document all attempts. Case is complete when the client no longer request service or fails to respond. Performance Standards
a) Task Specified
AQL: 100% of the time
Deliverables
A3 Summary report
A4 Maintain client record
Inspection
What: Follow up action every 30 days until customer case is closed
How: Contractor report and develop and submit client record
Frequency: Monthly and random inspections
Who: COR
3.5.5 The regional representative will make a minimum of five weekly contacts and perform site visits to Educational agencies, Employers, Military units, County Veterans Service Officers, State and Federal Employment agencies within their region to network and educate them on the services provided and to obtain clients in need of said services. Performance Standards
a) Task Specified
AQL: 100% of the time
Deliverables
A3 Summary report of contact info to COR.
Inspection
What: Site visits
How: Regional visits and contractor reports
Frequency: Random documented surveillance no less than twice per month
Who: COR
3.5.6 Each regional representative will attend a different unit drill each month within their region and visit each facility within their region at a minimum of once quarterly. Performance Standards
a) Compliant with applicable standards
AQL: 90% accuracy
Deliverables
A3 Submit summary report to COR of visits with key points of contact, including contact information and how program was marketed (ex: briefing, table, face to face with Service Members)
Inspection
What: Regional representative will attend a different unit drill each month, summary reports
How: Regional visits, contractor reports, and random inspections
Frequency: Random documented surveillance no less than twice per month
Who: COR
3.5.7 Each regional representative will conduct a face to face visit with the Family Assistance Specialist (FAS) and Airmen and Family Readiness Program Manager (AFRPMs) in their region at a minimum of once every 30 days. Performance Standards
a) Task Specified
AQL: 100% of the time
Inspection
What: Face to face visits with FAS and AFRPMs
How: Regional visits and validating with FAS and AFRPMs
Frequency: Monthly
Who: COR

3.5.8 The Contractor shall provide one dedicated Project Manager between the regional representatives and the SMFS office. Performance Standards
a) Task Specified
AQL: 100% of the time
Inspection
What: Dedicated Project Manager between the regional representatives and the SMFS office
How: Contractor will provide current contact information
Frequency: Continuous
Who: COR and Program Manager
3.5.8.1 The Program Manager will meet with the SMFS office once every 2 weeks to stay abreast with current information and disseminate new information down to the regional representatives within 2 business days. Performance Standards
a) Task Specified
AQL: 95% of the time
Inspection
What: Face to face interactions with the SMFS office once every 2 weeks
How: Face to face
Frequency: Every 2 weeks
Who: COR and Program Manager

7 Acronyms List
The following Acronyms are used in this document

AFRPM Airman and Family Readiness Program Manager
AQL Acceptable Quality Level
AT Anti-Terrorism
ATO Anti-Terrorism Officer
CDRL Contract Data Requirements List
CMRA Contractor Manpower Reporting Application
COR Contracting Officer Representative
DFARS Defense Federal Acquisition Regulation Supplement
DoD Department of Defense
DoDD Department of Defense Directive
ESOH Environmental, Safety, and Occupational Health
FAS Family Assistance Specialist
FPCON Force Protection Condition
FY Fiscal Year
GI Government Issue
HIPAA Health Insurance Portability and Accountability Act
HQ Headquarters
HQDA Headquarters, Department of the Army
KO Contracting Officer
NLT No Later Than
OCI Organizational Conflict of Interest
OSHA Occupational Safety and Health Act
PCO Procuring Contracting Officer
PII Personal Identifiable Information
PRS Performance Requirement Summary
PWS Performance Work Statement
QASP Quality Assurance Surveillance Plan
QCP Quality Control Plan
SMFS Service Member and Family Support
STD Standard
TDY Travel / Temporary Duty
VPP Voluntary Protection Program

Provisions and Clauses
NOTE: These are Required Informal Solicitation provisions and clauses, additional ones may be added at award pertaining to the individual contract.

52.203-3 Gratuities
52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements
52.204-4 Printed or Copied-Double Sided on Post- consumer Fiber Content Paper
52.204-7 System for Award Management
52.204-9 Personal Identity Verification of Contractor Personnel
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-13 System for Award Management Maintenance
52.204-16 Commercial and Government Entity Code Reporting
52.204-18 Commercial and Government Entity Code Maintenance
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
52.204-22 Alternative Line Item Proposal
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-7 Information Regarding Responsibility Matters
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
52.219-6 Notice of Total Small Business Set-Aside

52.219-7 Notice of Partial Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns

52.219-14 Limitations on Subcontracting

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

52.219-28 Post-Award Small Business Program Rerepresentation

52.222-3 Convict Labor

52.222-17 Nondisplacement of Qualified Workers

52.222-19 Child Labor – Cooperation With Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Veterans

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

52.222-41 Service Contract Labor Standards

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards–Price Adjustment

52.222-54 Employment Eligibility Verification

52.222-50 Combating Trafficking in Persons

52.222-55 Minimum Wages Under Executive Order 13658

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-5 Pollution Prevention and Right to Know Information

52.223-18 Encouraging Contractor Policy to Ban Text

52.224-1 Privacy Act Notification

52.224-2 Privacy Act

52.224-3 Privacy Training

52.225-13 Restrictions on Certain Foreign Purchases
52.228-5 Insurance – Work on a Government Installation
52.232-33 Payment by Electronic Funds Transfer-System for Award Management

52.232-40 Providing Accelerated Payments to Small Business Subcontractors
52.233-3 Protest After Award
52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment and Vegetation
52.237-3 Continuity of Services
252.201-7000 Contracting Officer’s Representative

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.203-7994 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation

252.203-7995 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2017)

252.204-7003 Control of Government Personnel Work Product

252.204-7004 Alternate A

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information

252.204-7011 Alternative Line Item Structure

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Disclosure of Information to Litigation Support Contractors

252.213-7000 Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System–Statistical Reporting in Past Performance Evaluations

252.215-7008 Only One Offer

252.222-7007 Representation Regarding Combating Trafficking in Persons

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism
252.225-7031 Secondary Arab Boycott of Israel

252.225-7048 Export-Controlled Items

252.227-7015 Technical Data-Commercial Items

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7010 Levies on Contract Payments
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7002 Requests for Equitable Adjustment

252.247-7023 Transportation of Supplies by Sea

52.212-1 — Instructions to Offerors — Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
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 Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to–
GSA Federal Supply Service Specifications Section
Suite 8100
470 L’Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925)
Facsimile (202 619-8978).
(ii) If the General Services Administration, Department of Agriculture, or
Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites–
(i) ASSIST ( ).
(ii) Quick Search ().
(iii) ASSISTdocs.com ().
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
(i) Using the ASSIST Shopping Wizard ( );
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
52.212-3 — Offeror Representations and Certifications — Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications — Commercial Items (Jan 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision–
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means–
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–
(1) Department of Labor Wage and Hour Division (WHD) for–
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for–
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
“Forced or indentured child labor” means all work or service-
(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that–
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by–
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the U
nited States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Veteran-owned small business concern” means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern —
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB re
presentation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
_____________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 —
(1) Previous contracts and compliance. The offeror represents that —
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that —
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to 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 on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American — Free Trade Agreements — Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American — Free Trade Agreements — Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American–Free Trade Agreements–Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Canadian End Products:
Line Item No.:
_____________________________
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian e
nd products or Israeli end products as defined in the clause of this solicitation entitled “Buy American–Free Trade Agreements–Israeli Trade Act”:
Canadian or Israeli End Products:
Line Item No.: Country of Origin:

[List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:

[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
Line Item No.: Country of Origin:

[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed End Product
Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the applicati
on of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that-
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that-
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name_____________________________
TIN _____________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations-
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The offeror represents that-
(i) It [ ] is, [ ] is not an inverted domestic corporation; and
(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following info
rmation:
Immediate owner CAGE code:______________________________
Immediate owner legal name:______________________________
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity:
[ ] Yes or [ ] No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest level owner CAGE code:_ _____________________________
Highest level owner legal name:_ _____________________________
(Do not use a “doing business as” name)
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that–
(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code ______(or mark “Unknown).
Predecessor legal name: _________________________.
(Do not use a “doing business as” name).
(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.
(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million.
(ii) For solicitations issued after April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000.
(2) If the Offeror checked “does” in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror’s knowledge and belief [Offeror to check appropriate block]:
[ ](i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or
[ ](ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.
(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide–
(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):
(1) The labor law violated.
(2) The case number, inspection number, charge number, docket number, or other unique identification number.
(3) The date rendered.
(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;
(B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it;
(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and
(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)).
(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination.
(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403.
(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.
(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).
Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of
the termination of the injunction.
(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)).
(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].
(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible Web site includes the Offeror’s own Web site or a recognized, third-party greenhouse gas emissions reporting program.
(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____.
(u)
(1) In accordance with 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), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of Provision)
Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
52.212-4 — Contract Terms and Conditions — Commercial Items.
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions — Commercial Items (Jan 2017)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights —
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include —
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended pri
ce of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the G
overnment improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)
(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:
(A) Change the name in the SAM database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
Alternate I (Jan 2017) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.
(a) Inspection/Acceptance.
(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this
contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)
(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to–
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or
(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(e) Definitions.
(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-
(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) Materials means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(E) Indirect costs specifically provided for in this clause.
(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(i) Payments.
(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.
(3) If the Schedule provided rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the–
(1) Quantities being acquired; and
(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-
(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall-
(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.
(D) Other
Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”]
(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’.”]
(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice met the qualifications for the labor categories specified in the contract.
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-
(A) The original timecards (paper-based or electronic);
(B) The Contractor’s timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.60702).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office re
ceives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.
(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315.
(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the “hourly rate” for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (a)(4) of this clause, the portion of the “hourly rate” attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
52.212-5 — Contract Terms and Conditions Required to Implement Statutes or Executive Orders — Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS–COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records — Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds
$650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment–Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services–Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.222-42 — Statement of Equivalent Rates for Federal Hires.
As prescribed in 22.1006(b), insert the following clause:
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage — Fringe Benefits
01263 – Personnel Assistant (Employment) III 20.55

(End of Clause)

52.252-2 — Clauses Incorporated by Reference.
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

[Insert one or more Internet addresses]
(End of Clause)

52.252-6 — Authorized Deviations in Clauses.
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(Deviation)” after the date of the clause.
Authorized Deviations in Clauses (Apr 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any _DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of Clause)
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at ; and
(2) Be registered to use WAWF at following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
N/A
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0670
Issue By DoDAAC W912JV
Admin DoDAAC W912JV
Inspect By DoDAAC N/A
Ship To Code W90KNA
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) W90KNA
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Lorrie.e.simons.civ@mail.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
USPFO Contract Specialist phillip.l.chik2.civ@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)

This announcement is the solicitation which will result in a firm fixed-price contract.
Point of Contact:

Offerors can submit their proposal any time before the due date and time to: Phillip Chik at phillip.l.chik2.civ@mail.mil

Response Date:
091718

Sol Number:
11199311