Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 26, 2015 FBO #4870
SOLICITATION NOTICE

B -- REQUEST FOR PROPOSAL – Site Exposure Matrices (SEM) Database Services - Statement of Work

Notice Date

3/24/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541620 — Environmental Consulting Services
 

Contracting Office

Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Procurement Services, 200 Constitution Avenue, NW, S-4307, Washington, District of Columbia, 20210-0001, United States
 

ZIP Code

20210-0001
 

Solicitation Number

DOL-OPS-15-R-00012
 

Archive Date

5/2/2015
 

Point of Contact

JAMES JOHNSON, Phone: 202-693-7161, ERICA S. NEMMERS,
 

E-Mail Address

johnson.james.m@dol.gov, nemmers.erica.s@dol.gov
(johnson.james.m@dol.gov, nemmers.erica.s@dol.gov)
 

Small Business Set-Aside

N/A
 

Description

SOW for SEM Database Services This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 combined synopsis/solicitation information is as follows: (1.) Solicitation Number: DOL-OPS-15-R-00012 This solicitation is issued as a Request for Proposal (RFP). (2.) The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-80 March 02, 2015. (3.) The requirement shall be posted under the North American Industry Classification System (NAICS) Code of 541620 - Environmental Consulting Services. The Small Business Size Standard for NAICS Code 541620 is $15 Million. The requirement for Site Exposure Matrices (SEM) Database Services shall be competed utilizing "Full and Open Competition". (4.) Required Services: Contract Line Item Number (CLIN) / Labor Category / Quantity / Unit of Measure Base Year: May 01, 2015 through April 30, 2016 CLIN 0001 - Project Medical Consultant - 620 Hours CLIN 0002 - Senior Safety & Health Analyst - 4,082 Hours CLIN 0003 - Safety & Health Analyst - 4,274 Hours CLIN 0004 - Project Manager - 1,875 Hours CLIN 0005 - Administrative Assistant - 1,292 Hours CLIN 0006 - Other Direct Cost (Travel) - Not to Exceed (NTE) Cost to be proposed by Vendor CLIN 0007 - Other Direct Cost (Material) - Not to Exceed (NTE) Cost to be proposed by Vendor Option Year 1: May 01, 2016 through April 30, 2017 CLIN 1001 - Project Medical Consultant - 620 Hours CLIN 1002 - Senior Safety & Health Analyst - 4,082 Hours CLIN 1003 - Safety & Health Analyst - 4,274 Hours CLIN 1004 - Project Manager - 1,875 Hours CLIN 1005 - Administrative Assistant - 1,292 Hours CLIN 1006 - Other Direct Cost (Travel) - Not to Exceed (NTE) Cost to be proposed by Vendor CLIN 1007 - Other Direct Cost (Material) - Not to Exceed (NTE) Cost to be proposed by Vendor Option Year 2: May 01, 2017 through April 30, 2018 CLIN 2001 - Project Medical Consultant - 620 Hours CLIN 2002 - Senior Safety & Health Analyst - 4,082 Hours CLIN 2003 - Safety & Health Analyst - 4,274 Hours CLIN 2004 - Project Manager - 1,875 Hours CLIN 2005 - Administrative Assistant - 1,292 Hours CLIN 2006 - Other Direct Cost (Travel) - Not to Exceed (NTE) Cost to be proposed by Vendor CLIN 2007 - Other Direct Cost (Material) - Not to Exceed (NTE) Cost to be proposed by Vendor Option Year 3: May 01, 2018 through April 30, 2019 CLIN 3001 - Project Medical Consultant - 620 Hours CLIN 3002 - Senior Safety & Health Analyst - 4,082 Hours CLIN 3003 - Safety & Health Analyst - 4,274 Hours CLIN 3004 - Project Manager - 1,875 Hours CLIN 3005 - Administrative Assistant - 1,292 Hours CLIN 3006 - Other Direct Cost (Travel) - Not to Exceed (NTE) Cost to be proposed by Vendor CLIN 3007 - Other Direct Cost (Material) - Not to Exceed (NTE) Cost to be proposed by Vendor Option Year 4: May 01, 2019 through April 30, 2020 CLIN 4001 - Project Medical Consultant - 620 Hours CLIN 4002 - Senior Safety & Health Analyst - 4,082 Hours CLIN 4003 - Safety & Health Analyst - 4,274 Hours CLIN 4004 - Project Manager - 1,875 Hours CLIN 4005 - Administrative Assistant - 1,292 Hours CLIN 4006 - Other Direct Cost (Travel) - Not to Exceed (NTE) Cost to be proposed by Vendor CLIN 4007 - Other Direct Cost (Material) - Not to Exceed (NTE) Cost to be proposed by Vendor (5.) Description of requirements for the items to be acquired - Site Exposure Matrices (SEM) Database Services. For additional information, please refer to the attached Statement of Work (SOW). (6.) Date(s) and place(s) of delivery- The anticipated Period of Performance shall be for one (1) twelve (12) month Base Year and four (4) 12-month Option Years. The anticipated Period of Performance is as follows: Base Year: May 01, 2015 through April 30, 2016 Option Year 1: May 01, 2016 through April 30, 2017 Option Year 2: May 01, 2017 through April 30, 2018 Option Year 3: May 01, 2018 through April 30, 2019 Option Year 4: May 01, 2019 through April 30, 2020 The Government anticipates that work shall be completed off-site at the Contractor's facility. (7.) The provision at FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. The Addenda to FAR 52.212-1 is as follows: 1. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS - GENERAL a. Offerors are expected to examine this entire solicitation document. Failure to do so will be at the Offeror's own risk. b. Offerors shall furnish the information required by this solicitation. c. Interested Offerors shall submit both an original and redacted proposal. Please note that a separate cover sheet shall accompany your redacted proposal that contains your company's contact information. d. OFFEROR CODES: Interested Offerors shall contact the Contract Specialist at johnson.james.m@dol.gov to obtain an alphanumeric Offeror code as its identification code during the procurement process. This code is to be used throughout your proposal in lieu of your company's name or logo. The code shall be clearly identified on each Volume of your proposal. Please note that a separate cover sheet shall accompany your redacted proposal that contains your company's contact information. Offerors may propose any code convention for any Subcontractors; however, the Offerors must incorporate its own alphanumeric code (e.g. XXXX). e. The Government intends to make an award based on initial offers received, without discussion of such offers. Accordingly, each initial offer should be submitted in as complete form as possible and without exception to any provision. During the evaluation process, the Government may, at its discretion enter into clarifications or communications as needed. The Government need not enter into communications or clarifications with all Offerors. In evaluating the proposals, the Government may establish a Competitive Range to reduce the Offerors participating in the competition to only those Offerors most likely to receive the award. Any Offeror eliminated from further consideration will be notified officially in writing. Discussions: If the Government enters into discussions, it will be with those Offerors considered to be within the Competitive Range. During the negotiation process all proposal revisions must be submitted electronically in MS Word track changes format and accompanied by a complete electronic resubmission of the electronic file. f. The Government will not pay any Offeror for preparation of their proposal. g. The Government assumes no liability for disclosure or use of unmarked data and may use or disclose the data for any purpose. Unless restricted, information submitted in response to this request may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 USC. 551). h. Proposals shall set forth full, accurate, and complete information as required by this solicitation package (including attachments). The penalty for making false statements in proposals is prescribed in 18 USC. 1001. i. The Government intends to make a single award resulting from this RFP. j. All rules, policies, procedures and standards of FAR Part 15 are expressly not applicable to this acquisition, but some specific FAR Part 15 procedures may, at the Government's discretion, be used in the evaluation process. k. A team of Government personnel will evaluate the proposals. Price will be evaluated but will not be scored or rated. l. Contractors shall be required to follow all applicable Federal Acquisition Regulation (FAR) clauses, as well as all terms and conditions contained in the resulting contract. m. Prices and pricing information must not be included in any part of the non-price proposal. 2. SUBMISSION OF SOLICITATION QUESTIONS Communications and questions concerning this solicitation shall be submitted via email to the Contract Specialist, James Johnson at: johnson.james.m@dol.gov. Offeror questions should be grouped by solicitation section and make reference to the particular Section/subsection number. THE DUE DATE FOR QUESTIONS AND COMMENTS CONCERNING THIS RFP is Tuesday, March 31, 2015, 5:00 P.M. Eastern Time. Questions or requests for extension submitted after the cut-off date may not be considered. Questions shall not be marked with a restrictive legend and shall not include proprietary information. Electronic mail attachments, if included, shall be prepared using Microsoft Office. When submitting questions and comments, please refer to the specific text of the RFP in the following format: Subject: RFP No. DOL-OPS-15-R-00012 Reference: RFP Section ___, Paragraph(s) ____, Page(s) ____. All questions will be answered via e-mail and will be provided to all potential Offerors by the Contracting Officer or Contracting Specialist. 3. PROPOSAL PREPARATION & ORGANIZATION To be considered for award, an Offeror shall submit a proposal in accordance with the instructions of this solicitation. The Offeror shall submit one (1) ORIGINAL and one (1) REDACTED electronic copy via e-mail to the Contract Specialist at: johnson.james.m@dol.gov. Failure to submit redacted copies of the proposal may result in a finding that the proposal is not acceptable. Each MS Word and MS Excel Worksheet electronic page setup of the proposal shall be 8 ½" x 11", including a minimum of ½ inch margins on all four sides of each page within a file sequentially page numbered in the center of the footer. The maximum number of lines of text per page is forty-five. Each Volume shall use the file name and be of the type indicated by the file extension below. Type fonts shall be not less than 10 point, except in graphics where it shall be large enough to be legible. The Volumes are arranged by the Factors used to evaluate the proposal. Each proposal shall contain, at a minimum, the information required for that particular Volume. No classified data shall be submitted as part of the proposal. The expected period of this contract is one (1) Base Year of twelve (12) months; and four (4) twelve (12) month Option Years. 4. PROPOSAL SUBMITTAL a. Proposal Due Date and Time ALL PROPOSAL VOLUMES MUST BE RECEIVED BY THE GOVERNMENT BY 11:00 P.M. EASTERN TIME ON FRIDAY, APRIL 17, 2015. b. Proposal Submission Proposals shall be submitted electronically via email to: James Johnson, Contract Specialist at: johnson.james.m@dol.gov HARD COPIES ARE NOT AUTHORIZED OR REQUIRED. IT IS THE RESPONSIBILITY OF THE VENDOR TO ENSURE THE RECEIPT OF ALL PROPOSAL DOCUMENTS PRIOR TO THE CLOSING DATE. c. Proposal Volumes There is no page limit for proposal volumes. The proposal volumes are as follows: VOLUME 1 - Technical Approach VOLUME 2 - Past Performance VOLUME 3 - Price Offerors shall format the electronic file name for submitted proposal volumes as follows: XXXX_SEM_V1_.doc XXXX_SEM_V2_.doc XXXX_SEM_V3_.doc For "XXXX" Offerors shall use the Offeror Code Provided. d. Proposal Content The Offeror's proposal shall be formatted as set forth in the table above and shall contain its proposal response to the requirements herein. The proposal shall be clear, concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. The Government will base its evaluation exclusively on the information presented in the Offeror's proposal, with the exception of the Past Performance volume where the Government reserves the right to base the evaluation on information obtained from other sources. Volume 1 - Technical Approach The Offeror shall provide a complete and detailed description of its ability to deliver all the services described in the SOW. The Offeror must demonstrate a clear understanding of the scope of work and requirements including the quality, feasibility, practicability, innovativeness, and appropriateness in accomplishing tasks and deliverables of this contract from a technical perspective. Unfounded assertions and general marketing statements will not contribute to a favorable evaluation. The technical proposal may include any metrics and incentives or disincentives proposed by the Offeror. The Offeror shall include the project staffing strategy, estimated hours / labor mix, the experience, skill, and qualifications of proposed personnel and the ability of the overall project team to adequately minimize risk and successfully complete requirements of the SOW. Currency and applicability of experience is very important. The Offeror shall submit a draft Quality Control Plan with the Technical Approach Volume. The final Quality Control Plan shall be submitted within thirty (30) days after contract award. Volume 2 - Past Performance NOTE: The submission of Past Performance Questionnaires is not required. Offerors shall ensure that the Past Performance information is submitted in an original and redacted format. In accordance with FAR 15.305(a)(2)(iv), Offerors without relevant past performance experience, or for whom information on past performance is not available, shall not be evaluated favorably or unfavorably on past performance. Offerors must provide a minimum of three (3) Past Performance descriptions to include the following: name of reference; person's title; agency; telephone / cell phone number; e-mail address; contract / order number; contract type; description of work performed; whether or not the contract was performed as a Prime or Subcontractor; and total dollar value. NOTE ON SUBCONTRACTOR PAST PERFORMANCE: If the Offeror submits Past Performance information for work performed as a Subcontractor, then the Past Performance point of contact shall be the Prime Contractor NOT the resulting Customer for whom the services were performed. Offerors shall submit a total of three (3) contract references which are recent and relevant. A recent contract is one which is currently being performed, or which was performed, for a minimum of twelve (12) months within the last three (3) years from the date of issuance of this solicitation. Relevant contracts are defined as efforts that are the same as, or similar to, the scope of the efforts required by this solicitation. The contracts identified shall demonstrate the Offeror's performance, or responsibility for performance, of work of similar size and scope to the work outlined in the Statement of Work (SOW). The Government may also utilize the Contractor Performance Assessment Reports (CPAR) contained in the Government's Past Performance Information Retrieval System (PPIRS) to evaluate past performance. Volume 3 - Price Proposal Offerors shall provide labor categories and labor rates, as well as the labor hours for each, to perform the resultant contract. The Offeror's labor category titles shall be clearly mapped / associated to the corresponding solicitation labor category titles. THE GOVERNMENT ENCOURAGES ALL OFFERORS TO OFFER DISCOUNTS OFF LABOR CATEGORY RATES. The ceiling price for purposes of FAR 52.232-7, Payments Under Time and Materials or Labor Hour Contracts, is the sum total Not-to-Exceed (NTE) ceiling price amount for all Time and Materials (T&M) contract line items combined (not including option line items that have not been exercised) for the current year of the contract. In performing the contract, the Contractor is authorized to vary the quantity of labor hours performed between the labor categories set forth in this contract, subject to the approval of the Contracting Officer's Representative (COR), and provided the total amount of labor performed and invoiced in aggregate does not exceed the total funded amount for labor or the total not-to-exceed ceiling price amount for labor, whichever is lower. Should the Contractor exceed the ceiling, they shall do so at their own risk. The individual quantities shown in the contract for each labor category CLIN are estimates only. For purposes of this clause, "total funded amount" and "total not-to-exceed ceiling price amount" refer to the amounts applicable to the current contract period being performed by the Contractor. For example, when performing Option Year One, the Contractor shall not exceed the total funded amount or total not-to-exceed ceiling price amount for labor. The total is calculated by summing the extended price and funded amounts for all labor line items combined for Option Year One. Unexpended hours and ceiling price amounts from prior or future contract years will not carry over or be applied to the current year. Any variance to the hours performed by the Contractor within the parameters of this clause are authorized and do not require a modification to the contract. The Contractor is authorized to incur and bill up to the Not-to-Exceed (NTE) ceiling price amounts of Other Direct Costs (ODCs), or the funded amounts for ODCs, whichever is lower, stated on the contract for the applicable contract year. Funding and ceiling shall not be intermingled between Labor and ODCs. The Department of Labor (DOL) Office of the Chief Financial Officer is authorized to make payments against the Contractor's invoices based on actuals, including any variances in labor hours, as long as the variance does not result in the Contractor exceeding the total contract funded amounts and total not-to-exceed ceiling price amounts as described above. Prices and pricing information shall not be included in any part of the non-price proposal. All Offerors shall utilize an estimated start date of May 01, 2015. Offerors shall indicate what markup percentage, if any, they will bill for ODCs. Profit will not be permitted on ODCs. The Government will evaluate the ODC CLINs by applying the Offeror's markup percentage, if any, to the ODC amounts in the solicitation. (8.) The evaluation procedures to be used are as follows: BASIS FOR AWARD (a) The Government will use a Best Value Tradeoff process to make the award decision. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the Best Value after evaluation in accordance with the following Factors: Factor I - Technical Approach Factor II - Past Performance Factor III - Price (b) Offerors are cautioned that an award may not necessarily be made to the lowest price Offeror; or, if non-price Factors are evaluated as comparatively equal between two or more Offerors, price may become a determinative factor. FACTORS AND THEIR RELATIVE IMPORTANCE (a) RELATIVE ORDER OF IMPORTANCE TERMINOLOGY. An evaluation of all offers will be made in accordance with the criteria set forth below. The evaluation criteria consists of Factors. In order to provide the Offeror with an understanding of the significance assigned by the Government, the Factors are assigned a relative order of importance. The following terminology is used: (1) Significantly More Important. The Factor or Sub-factor is substantially more important than another Factor or Sub-factor. The Factor or Sub-factor is given far more consideration than another factor or sub-factor. (2) More Important. The factor or sub-factor is greater in value than another factor, but not as much as a significantly more important factor or sub-factor. The factor or sub-factor is given more consideration than another factor or sub-factor. (3) Equal. The factor or sub-factor is the same in value as another factor or sub-factor. (b) RELATIVE ORDER OF IMPORTANCE OF FACTORS. (1) Factor Order of Importance a) The Technical Capability Factor is significantly more important than the Past Performance Factor. b) The Past Performance Factor is More Important than the Price Factor. c) All non-Price evaluation factors, when combined, are Significantly More Important than the Price Factor. EVALUATION APPROACH All proposals shall be subject to evaluation by a team of Government personnel. EVALUATION CRITERIA FACTOR I - Technical Approach The Government will evaluate the Offeror's technical approach on its quality, feasibility, practicability, innovativeness, and appropriateness in accomplishing the tasks and deliverables of this contract from a technical perspective. The Government will also evaluate the Offerors on the clarity of their approach and their ability to convey to the Government their understanding of and ability to perform the requirements of this SOW. The Government will evaluate the suitability of an Offeror's proposed labor mix (labor categories and proposed hours) for each Contract Line Item Number (CLIN) to ensure that the Offeror understands the requirement. The Government will also evaluate the Quality Control Plan and the extent to which potential risks are identified and mitigated for all elements described in the SOW. The Offeror shall address all requirements for the Technical Approach Factor and demonstrate the ability to meet or exceed the requirements of the solicitation. In order to provide the Offeror with an understanding of the value assigned by the Government, the criteria are being included below. From those single ratings, an overall rating will be determined. The following adjectival rating scale / descriptions will be used to evaluate Factor I - Technical Approach. Outstanding - Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low. Good - Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low. Acceptable - Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate. Marginal - Proposal does not clearly meet all requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high. Unacceptable - Proposal does not meet all requirements and contains one or more deficiencies. Evaluation of Proposal's Risk: The Government will consider risk in the evaluation of proposals. The following risk definitions will be used as general guidance in assessing the level of risk presented by each proposal. LOW RISK - The Offeror's proposed solution presents little or no risk and is anticipated to have a minimal adverse impact on scope, schedule, cost, and/or contract performance. Normal Contractor effort and Government monitoring will mitigate potential difficulties. Minimum doubt exists that the Offeror can satisfactorily perform the proposed effort. MODERATE RISK - The Offeror's proposed solution presents some risk and is anticipated to have a moderate adverse impact on scope, schedule, cost, and/or contract performance. Special Contractor emphasis and close Government monitoring will mitigate potential difficulties. Some doubt exists that the Offeror can satisfactorily perform the proposed effort. HIGH RISK - The Offeror's proposed solution presents significant risk and is anticipated to have significant adverse impact on scope, schedule, cost, and/or contract performance. Special Contractor emphasis and close Government monitoring will not mitigate potential difficulties. Significant doubt exists that the Offeror can satisfactorily perform the proposed effort. FACTOR II - Past Performance Past Performance shall be evaluated in accordance with FAR 15.305. The offer will be evaluated on the currency, size, scope, and responsibilities of the Offeror in engagements relevant to the requirements of this contract. In accordance with FAR 15.305(a)(2)(iv), Offerors without relevant Past Performance experience, or for whom information on Past Performance is not available, shall not be evaluated favorably or unfavorably on Past Performance. The Government will evaluate Past Performance information submitted by the Offeror. The Government may also use references and other sources such as the Past Performance Information Retrieval System (PPIRS) when evaluating Past Performance. Offerors will be evaluated on the extent and quality of their own corporate Past Performance (including that of established affiliates, subsidiaries, units or divisions of the Offeror's own company or parent company that are being proposed to support this effort). As such, the Offeror's own corporate Past Performance (as a Prime Contractor) will be weighed significantly more heavily than the Offeror's experience as a Subcontractor. After reviewing all recent and relevant Past Performance references, assessing the Offeror's quality of performance under those references, and considering all other sources of Past Performance data, the Government will use the adjectival ratings below to provide an overall Past Performance confidence assessment rating: Substantial Confidence - Based on the Offeror's recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. Satisfactory Confidence - Based on the Offeror's recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Limited Confidence - Based on the Offeror's recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. No Confidence - Based on the Offeror's recent/relevant performance record, the Government has a no expectation that the Offeror will successfully perform the required effort. Unknown Confidence (Neutral) - No recent/relevant performance record is available or the Offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. FACTOR III - Price The Government will evaluate offers for award purposes by evaluating prices for the Base Year and Option Years. Offers that do not include prices for the Option Years may be rejected and may not be considered further for award. Evaluation of options will not obligate the Government to exercise the options. The Price/Cost proposed will be evaluated, but not scored. The Contracting Officer and the Price Evaluation Team will use all methods available to evaluate the proposed prices. Price evaluation will commence upon final consensus ratings of the technical evaluation. The Contracting Officer (CO) and the Price Evaluation Team will review and evaluate the price proposals. The prices proposed will not be scored. Each Offeror's price/cost proposal will be evaluated to determine whether the proposal observes reasonableness and realism. As part of its evaluation, the Government will consider the labor rates for the Base Year and Option Years in the Offeror's proposed price/cost proposal. Total price will be evaluated for fairness and reasonableness using the techniques in FAR 15.404-1(b)(2). The price evaluation may consider some or all of the following: 1. Comparison to other Offeror's proposals 2. Comparison to the Independent Government Cost Estimate (IGCE) 3. Comparison to historical data No adjectival ratings will be used to evaluate Price. (9.) All Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. (10.) FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, shall apply to this acquisition by reference-no addenda shall be attached. (11.) FAR Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, shall apply to this acquisition. Specifically, the following FAR Clauses shall apply: 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [X] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)). [] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (43) 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). [] (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [X] (48) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (49) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012) (xiii) 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). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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) (12.) Additional Contract Requirements: N/A. (13.) Defense Priorities and Allocations System (DPAS) and assigned rating: N/A. (14.) Due Date for Proposals: It is requested that you submit a proposal or response by Friday, April 17, 2015, no later than 11:00 PM EST. To expedite evaluation procedures, please e-mail the proposal to: James Johnson, Contract Specialist, at: johnson.james.m@dol.gov. It is the ultimate responsibility of the Offeror to ensure delivery of their proposal to this office via e-mail on or before the closing date and time. (15.) Point of Contact for information regarding this solicitation: If you have any questions regarding this RFP, please contact the following OASAM Office of Procurement Services (OPS) Point of Contact: James Johnson, Contract Specialist E-Mail: johnson.james.m@dol.gov Contracting Office Address and Zip Code: Office of Procurement Services Office of the Assistant Secretary for Administration and Management (OASAM) U.S. Department of Labor 200 Constitution Avenue, N.W., Room S-4307 Washington, D.C. 20210-0001
 

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