SOLICITATION NOTICE
U -- DAM SAFETY TRAINING - STATEMENT OF WORK
- Notice Date
- 7/24/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611430
— Professional and Management Development Training
- Contracting Office
- Department of Agriculture, Natural Resources Conservation Service, National Centers Servicing Unit, Fort Worth Federal Center, Building 23, 501 Felix Street, Fort Worth, Texas, 76115, United States
- ZIP Code
- 76115
- Solicitation Number
- NDCSMC-EAPDAM
- Archive Date
- 8/31/2015
- Point of Contact
- George Darin Wilson, Phone: 817-509-3503
- E-Mail Address
-
george.wilson@ftw.usda.gov
(george.wilson@ftw.usda.gov)
- Small Business Set-Aside
- N/A
- Description
- EVALUATION CRITERIA STATEMENT OF WORK (i) 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. (ii) This solicitation number NDCSMC-EAP DAM is issued as a Request for Quote (RFQ), and the acquisition procedures at FAR Part 13 are being utilized. We will require a firm fixed price quote and they will be evaluated according to the attached evaluation criteria. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2015-83 effective July 2, 2015. (iv) All responsible sources are encouraged to submit a quote and capabilities statement along with resumes of key personnel that would coordinate the training and those that would coordinate the technical subject matter for training. To be clear we should see expertise in the construction and assessments of dams and the technical expertise in the planning, coordination and implementation of national training programs. The applicable NAICS code is 611430 which has a size standard of 11,000,000. For more information on size standards visit http://www.sba.gov/size. (v) Contract Line Item Numbers (CLINs). See below and attached Statement of Work. (vi) Description of Requirements: State dam safety agencies generally regulate dams built with Natural Resource Conservation Service (NRCS) assistance as part of watershed projects authorized by section 13 of the Flood Control Act of 1944, 33 U.S.C. 7016-1 and the Watershed Protection and Flood Control Act of 1954, 16 U.S.C. 1001-1012. Watershed sponsors own the dams. Watershed sponsors are local units of government established under state law and work in close partnership with NRCS locally in planning, installing, operating, and maintaining dams as critical parts of many watershed projects. These projects are cooperative undertakings by the federal government with states and their local political subdivisions. Inspection and Assessment of Existing Dams is an elemental means to evaluate the condition and maintain these structures in good operating condition. Current NRCS policy and many state agency regulations require inspection and assessment throughout the life of all dams; however, as the structure hazard classification increases, the need to do these critical inspections and assessments increases. The training for entry-level NRCS and state dam safety personnel is necessary to develop the proficiency to conduct the inspections and assessments in a skilled and professional manner. Training in topics related to dam design, construction, operation and maintenance, emergency action planning enhances this proficiency. The intent of this section of the contract is to provide training workshops for NRCS and state dam safety officials on the inspections and assessments of existing dams. The intended result of this training is to increase the knowledge needed and the proficiency to conduct the evaluation for NRCS personnel, and state dam safety officials, and other professionals on the items to inspect, the procedures to assess, and the process required to complete them on existing dams. The actions will improve NRCS's, state dam safety officials, and other professional's ability to assist watershed sponsors and dam owners in these actions. The Contractor shall: 1. Update the current curriculum to incorporate the lessons learned from the previous training workshop with the primary objective of preparing the participants to conduct the inspections and assessments. The workshops shall: a. Educate state dam safety officials, NRCS employees and other professionals about the items to evaluate for earthen embankments and to a lesser extent other types of structures. b. Educate state dam safety officials, NRCS employees, and other professionals about their roles, responsibilities, and liabilities related to the evaluation process. c. Provide training on conducting an evaluation.Provide a draft of the curriculum and training materials for NRCS concurrence to the NRCS point of contact no later than September 30, 2015. 2. Arrange for qualified instructors. Submit resumes for proposed instructors along with the final draft of the curriculum and training materials. For substitutions of instructors after approval of the resumes, the contractor shall provide written notification to NRCS for approval by NRCS. The contractor shall not make substitutions within three working days of the start of the workshops. 3. Propose workshop locations, facilities, and dates. Submit proposed locations along with the final draft of the curriculum and training materials. For substitutions or changes to approved locations, facilities, or dates, the contractor shall provide written notification to NRCS for approval by NRCS. The contractor shall not change the approved locations within 21 working days of the start of the workshops. 4. Conduct two workshops consisting of a minimum of 21 hours of instruction each to a total audience of approximately 100 state dam safety officials, NRCS employees and other professionals. The contractor shall conduct the first workshop no later than May 31, 2016 and the second workshop no later than December 31, 2016. Organize all on-site preparation for the workshops. Oversee marketing of the workshops. Oversee all registration/participant processes. Pay all expenses associated with arranging for and conducting the workshops, including the instructors, training materials and training facility. Participants will be responsible for their own travel costs to attend the workshops. Prepare and provide a copy of all training materials to each participant. Originals of all training materials shall become the property of NRCS upon completion of this contract. 5. Prepare summary workshop reports including final list of participants, evaluation of the training experience, and recommendations for future training needs to include, but not limited to, suggested revisions in the training materials, instruction methods, and locations not later January 31, 2017. The intent of this section of the contract is to provide dam safety webinar training for NRCS personnel, state dam safety officials, dam owners, emergency managers and other participants with an interest in dam safety. Webinar topics shall include training on topics related to dam design, construction, operation and maintenance, emergency action planning. The intended result of this training is to increase the knowledge needed in all aspects of dam safety activities including dam design, construction, operation and maintenance, emergency action planning. The actions will improve NRCS's, state dam safety officials, and other professional's ability to assist watershed sponsors and dam owners in these actions. The Contractor shall: 1. Provide specific webinar topics and curriculum for dam safety webinar training related to dam design, construction, operation and maintenance, emergency action planning. The webinars shall: a. Educate state dam safety officials, NRCS employees, and other participants about dam design, construction, operation and maintenance, emergency action planning b. Educate state dam safety officials, NRCS employees, and other participants about their roles, responsibilities, and liabilities related to the dam design, construction, operation and maintenance, emergency action planning process. Provide the topic and curriculum for each webinar to the NRCS point of contact at least 45 days in advance of the webinar. In addition, provide the topics and curriculum for all webinars to the NRCS point of contact no later than January 15, 2016. 2. Arrange for qualified instructors. Submit resumes for proposed instructors along with the final draft of the curriculum and training materials. For substitutions of instructors after approval of the resumes, the contractor shall provide written notification to NRCS for approval by NRCS. The contractor shall not make substitutions within three working days of the start of the workshops. 3. Each webinar shall be internet accessible to at least 100 locations simultaneously throughout the United States, including Alaska, Hawaii, and Puerto Rico. Propose webinar date and broadcast facilities. Submit proposed date and facilities along with the final draft of the curriculum and training materials. For substitutions or changes to the approved broadcast facilities or date, the contractor shall provide written notification to NRCS for approval by NRCS. The contractor shall not change the approved broadcast facilities within 21 working days of the start of the webinar. 4. Conduct eleven (11) live 2-hour webinars consisting of a minimum of 22 hours of instruction. The total potential audience includes approximately 100 state dam safety officials, 500 NRCS staff, and other participants. The contractor shall conduct all webinars before December 31, 2016. 5. The contractor shall record and provide NRCS a copy of all webinars for future viewing. The recorded webinars shall have the same content and format as the live webinar. Organize all content delivery of the webinars. Oversee marketing of the webinars. Oversee all registration/participant processes. The contractor shall pay all expenses associated with arranging for and conducting the webinar, including the instructors, training materials and webinar broadcast facilities. Participants will be responsible for their own computer and internet access to view the webinar. Prepare and provide a copy of all training materials to each participant. Originals of all training materials shall become the property of NRCS upon completion of this contract. 5. Prepare a summary report of the webinars, including final list of participants, evaluation of the training experience, and recommendations for future training needs to include, but not limited to, suggested revisions in the training materials, instruction methods, and locations not later January 31, 2017. (vii) Date(s) and Place(s) of Delivery and Acceptance. See above and attached Statement of Work. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. (ix) FAR provision 52.212-2, Evaluation-Commercial Items does apply to this solicitation. In accordance with FAR Part 13.106-2 an evaluation team of subject matter experts will evaluate the proposals based on capabilities, past performance and price. 52.212-2 -- Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1) Technical Capabilities 2) Past Performance 3) Price Technical capabilities and past performance, when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Offerors are required to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This must be completed at SAM.gov and the registration in an "Active" status. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and addenda are not attached. Click here to enter text. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to this acquisition. 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: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). X (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). ___ (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) [Reserved] X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 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). X(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 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 (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. X (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (44) 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). ___ (45) 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). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). X (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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: X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 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). X (7) 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). X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). X (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 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) (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 (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (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). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 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). (xvii) 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. (xviii) 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) FAR 52.252-2 Clauses Incorporated by Reference (FEB 98) - This order incorporates the following clauses by reference with the same force and effect as if they were given in full text. The contractor shall complete any required information items below in applicable provisions/clauses. Clauses clearly not applicable by virtue of the nature of the requirement (e.g., the option clause(s) in a requirement without option quantities or periods), are considered self-deleting. FAR 52.204-2 Security Requirements (AUG 96) - When the order requires access to classified documents. FAR 52.204-7 FAR 52.204-8 System for Award Management (JUL 2013) - in all orders unless an exception applies as listed in FAR 4.1102(a). Annual Representations And Certifications (JUL 2013) FAR 52.204-9 FAR 52.204-13 Personal Identity Verification of Contractor Personnel (Jan 2011) - When performance requires contractor personnel to have access to Department of Agriculture facilities or information systems. System for Award Management Maintenance (JUL 2013) FAR 52.213-2 Invoices (APR 84)- Applies to orders that authorize advance payments for subscriptions or other charges for newspapers, magazines, periodicals, or other publications. FAR 52.213-3 Notice to Suppliers (APR 84)- Applies to unpriced (Not-To-Exceed (NTE)) purchase orders. FAR 52-213-4 Terms and Conditions-Simplified Acquisitions (Other than Commercial Items) (NOV 2013)- Applies to simplified acquisitions that exceed the micro-purchase threshold that are for other than commercial items. FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies (NOV 2010) - Include in all solicitations and contracts/orders for the acquisition of supplies that are expected to exceed the micro-purchase threshold. FAR 52.223-6 Drug-Free Workplace (MAY 01)- Applies to all solicitations and contracts, including modifications to contracts issued under FAR 6.3, except- actions under the simplified acquisition threshold (unless awarded to an individual); for the acquisition of commercial items; when performed outside the United States and its outlying areas; if determined by a Law Enforcement Agency Head that application would be inappropriate in connection with the law enforcement agency's undercover operations. FAR 52.232-18 Availability of funds (APR 84)- Applies if order will be chargeable to funds of the new year and the contracting action is to be initiated before funds become available. A clear indication of the application of the Availability of Funds clause to the order should be clearly indicated on the front page of the order. FAR 52.232-23 FAR 52.232-25 FAR 52.232-33 Assignment of Claims (JAN 86) - Applies when the order is expected to exceed the micro-purchase threshold, unless the order specifically prohibits assignment of claims. Prompt Payment (JUL 2013) Payment by Electronic Funds Transfer - System for Award Management (JUL 2013). FAR 52.232-34 Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013). FAR 52.232-36* FAR 52.232-39 Payment by Third Party (JUL 2013) - Payment by Government wide Commercial Purchase Card. Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 04) FAR 52.242-15 Stop Work Order (AUG 89) FAR 52.246-1 Contractor Inspection (APR 84) FAR 52.247-29 F.O.B. Origin (FEB 06) - Applies when the delivery term is F.O.B. origin. FAR 52.247-34* F.O.B. Destination (NOV 91) Applies when the delivery term is F.O.B. destination. FAR 52.247-35 F.O.B. Destination within Consignee's Premises(APR 84) FAR 52.249-1 Termination for the Convenience of the Government (Fixed-Price) (Short Form) (APR 84). FAR 52.232-36 Payment by Third Party clause to be included when the Government Purchase Card is used as a vehicle of payment in the order. FAR 52.216-24 Limitation of Government Liability (Apr 1984) FAR 52.216-25 Contract Definitization (Oct 2010) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (May 2008) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification (Dec 2012) FAR 52.233-3 Protest after Award (Aug. 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) FAR 52.244-6 Subcontracts for Commercial Items (JUL 2013)
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