FBODaily.com | FedBizOpps: MOD | R | Trial Presentation Services

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 16, 2016 FBO #5472
MODIFICATION

R -- Trial Presentation Services

Notice Date: 11/14/2016
Notice Type: Modification/Amendment
NAICS: 541199 — All Other Legal Services
Contracting Office: Department of the Treasury, Comptroller of the Currency (OCC), Acquisition Management (AQM), 400 7th Street SW, Washington, District of Columbia, 20219, United States
ZIP Code: 20219
Solicitation Number: CC17HQR0002
Point of Contact: D’Angela Moore, Phone: 202-649-8441, Karen A. Green, Phone: 202 649-8120
E-Mail Address: DAngela.moore@occ.treas.gov, karen.green@occ.treas.gov
(DAngela.moore@occ.treas.gov, karen.green@occ.treas.gov)
Small Business Set-Aside: Total Small Business
Description: This solicitation was amended to remove Trial Presentation Services for December trial; the services are no longer need at this time. Period of Performance: 12/5/2016 through 12/12/2016 CLIN 0001 Trial Presentation Services - December Total Cost: $__________________ ------------------------------------------------------------------------------------------------------------------ This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The combined synopsis-solicitation is being issued as a Request for Proposal (RFP) under solicitation number CC17HQR0002. This announcement constitutes the only solicitation: proposal being requested and a written solicitation will not be issued. The Government intends to make two separate firm-fixed price awards for each "Trial Presentation Service". The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-91, September 30, 2016. This is a 100% small business set-aside and any qualified offeror may submit a proposal. The NAICS code for this requirement is 541199 - All Other Legal Services, Size Standard: $11.0M. FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (OCT 2015) which is incorporated into the RFQ by reference, provides guidance on preparing and submitting quotes. Paragraph "(b) Submission of offers" of Clause 52.212-1 is replaced, in its entirety, by the guidance that follows in this section. Proposals that fail to address all solicitation requirements may be considered deficient or unacceptable and may be excluded from further evaluation. The content of the Technical proposal shall include the following: Factor 1: Technical Capability - The technical capability affords the offer the opportunity to explain its technical approach and experience that effectively and efficiently accomplishes the services specified in the Statement of Work. Factor 2: Past Performance - The offeror shall provide three examples of past or ongoing projects that are similar in size, scope, and complexity to this effort (Attachment 3 - Past Performance Reference). The offeror shall provide past performance summaries for relevant projects currently in progress and/or completed within the last three years. These do not have to be the offeror's last three projects, but must have occurred within the last three years. "Relevant" is defined as work similar in complexity and magnitude to the scope of work defined in the Statement of Work outlined in this RFP. Past performance may cite federal, state, or local government, and commercial/not-for-profit sources, and should highlight the company's key role in the past performance being documented. Information provided shall at a minimum address the following: • Name of contracting activity (client) • Program title • Contract number • Contract type • Total contract dollar amount • Description of services provided, including results and successes • Client's CO (or equivalent) name, telephone number, and email • Client's Program Manager (or equivalent) name, telephone number, and email • Client's COR (or equivalent) name, telephone number and email, if applicable • Contract award date and period of performance The offeror's past performance narrative shall include a description of how the offeror's past performance demonstrates a capability and capacity to deliver the requirement. The offeror is required to identify any performance problems/issues/challenges that arose out of the contract and clearly describe management actions that were implemented to overcome problems and the effects of those actions, in terms of improvements achieved or problems solved. Price Proposal -The offeror shall provide pricing in accordance with the Contract Line Item Number (CLIN) structures. The offeror shall provide pricing in accordance with the Contract Line Item Number (CLIN) structures. Period of Performance: 12/5/2016 through 12/12/2016 CLIN Description Price 0001 Trial Presentation Services - December Total Cost: $__________________ Period of Performance: 02/27/2017 through 03/3/2017 CLIN Description Price 0001 Trial Presentation Services - February Total Cost: $__________________ STATEMENT OF WORK I. BACKGROUND The Comptroller of the Currency (OCC) Law Department has a need for trial presentation services. The products and services requested in this statement of work will support the CCO, Enforcement and Compliance (E&C) attorneys and respondents' counsel in court for presenting evidence. The electronic presentation of exhibits will be shared by both parties at the hearing (the OCC and the Respondent). The cases which are presented in court are often times unique. Depending on the volume of evidentiary data to be presented, the number of witnesses and time constraints, the OCC may require expeditious handling of a project to meet the established deadlines. II. OBJECTIVE The objective for this contract is to provide support for E&C's actions by performing trial presentation consulting, processing of evidentiary files, courtroom setup and presentation. III. SCOPE OF WORK Trial #1 - December 2016 The OCC has the need for trial presentation consulting and related services. Services may include but are not limited to assisting the attorneys in exhibit preparation, electronic presentation and in selecting the hardware and software systems for a particular courtroom. The OCC estimates it will have 15 witnesses testifying during the 5-day hearing and approximately 250 exhibits presently in image format in Summation Enterprise. Trial #1 - February 2017 The OCC has the need for trial presentation consulting and related services. Services may include but are not limited to assisting the attorneys in exhibit preparation, electronic presentation and selecting the hardware and software systems for a particular courtroom. The OCC estimates it will have 20 witnesses testifying during the 4-day hearing and approximately 300 exhibits presently in image format in Summation Enterprise. *NOTE: The Respondent will coordinate directly with the Contractor regarding its estimates for both trials. IV. KEY PERSONNEL The Contractor shall provide a contract administrator to serve as a single point of contact to the COR for the coordination of all contract activities. The Contractor shall also designate an alternate contract administrator in the event the contract administrator is absent. The Contractor shall notify the COR in writing of any intended replacement for the contract administrator or alternate contract administrator. The Contracting Officer's Representative (COR) shall be referred to as the COR. The Person-In-Charge (presiding OCC attorney, judge in charge, etc.) shall be referred to as the Person-in-Charge. The COR has the authority to request services. The Person-In-Charge has the authority, at the location/on site of the proceeding, to issue technical direction related to that proceeding. V. SPECIFIC REQUIREMENTS Offeror(s) shall provide the following services: Trial Presentation Services The OCC requires that the offeror(s) assist its attorneys in case preparation and project management services before going to court. Exhibits and transcripts/sworn statements must be converted/processed and loaded into the trial presentation system (TrialDirector), by exhibit numbers established by the OCC Attorneys. The exhibits are located at OCC Headquarters, in Washington, D.C, in TIFF image, native and text format in a case in Summation Enterprise. Trial presentation consulting services are to include consultation and case assessment meetings, database creation, design and preparation of demonstrative exhibits, multimedia/interactive design and programming in person at OCC Headquarters in Washington, DC for two (2) days on an agreed upon start date up to a weeks prior to the start of trial. Trial presentation services include loading Respondent's exhibits into the trial presentation system and electronic presentation of Respondents exhibits at the hearing. Any additional services, such as conversion, processing, consultation and case assessment multimedia/ interactive design and programming shall be at the expense of the Respondent. Services shall be negotiated with the Contractor and directly bill the Respondent. Courtroom Preparation Multimedia presentation specialist with redundant laptop computers loaded with MS Office Professional and inData TrialDirector Software and standard courtroom presentation equipment package in court. Courtroom survey on the Friday before the start of each trial is recommended but not necessary. - Onsite or remote courtroom/location surveys to determine presentation system requirements, layout, technical needs, presentation equipment setup and strike. • Time: Monday-Friday from 9:00am - 5:00pm • Date/Location: The trial date/locations are listed below: Dec. 5, 2016 - Dec. 12, 2016: TBD, Georgia Feb. 27, 2017 - Mar. 3, 2017: TBD, Florida Individual Tasks: • Contract Coordination - The Respondent will coordinate directly with the contractor regarding estimated hearing dates. • Maintain a Chain of Custody Log - The contractor shall maintain a hard copy chain of custody log for each media provided. A chain of custody is the process of validating how any kind of evidence has been gathered, tracked and protected on its way to a court of law. The log will include, but is not limited to, name, media identification, and for each transfer of the materials between individuals, the date, location, releasing employee name - printed and signed, receiving employee name - printed and signed, and processing function. • Quality Assurance report(s) in hard and electronic copy, showing Contractor inspection tasks and results for ensuring all targeted documents were processed, OCRed and contained in the load file. • Pick up and deliver source material and deliverable products - The Contractor shall provide all delivery services associated with the source materials and products of this contract at no additional charge and will be designated in the task order to/from: TBD. Credentials may be required entering the building for pick-up and delivery. Each courier must present a valid drivers' license and employee work identification. • Completion date - The OCC needs to have the requirements listed in Section V. produced and delivered on or about two weeks after the trial is over. Contractor Responsibility: • The Contractor shall perform all processing at secure off-site contractor facilities identified by the Contractor in their proposal and approved by the OCC. • The Contractor shall perform trial presentation services at the courthouse. • The Contractor shall meet with the COR, POC and trial team at OCC Headquarters at least one week before trial to prep for trial. • The contractor, its agents, employees, and subcontractors (if any) shall sign the "Conditional Access to Sensitive but Unclassified Information Non-Disclosure Agreement" if they do any work under this contract. The Agreements shall be submitted to the contracting officer or COR. • The contractor, its agents, employees, and subcontractors (if any) shall, in accordance with the provisions of the "Conditional Access to Sensitive but Unclassified Information Non- Disclosure Agreement," hold in the strictest confidence any and all information which may be gained in the performance of duties under this contract. This confidentiality requirement continues in perpetuity. • The Contractor, its agents, employees, and subcontractors (if any) shall have no conflict of interest related to the proceedings with individuals involved in the proceedings. If a possible conflict of interest exists, the Contractor shall immediately bring the possible conflict to the attention of the COR. • The Contractor shall obtain, at the Contractor's expense, all necessary licenses and permits and shall conform to all laws, regulations, and ordinances applicable to performance of this contract. • Trial presentation, consulting and graphic design - The exact period of performance for consulting and graphic design shall be agreed upon between the Contractor and the OCC COR, TBD. VI. MEDIA MATERIAL DELIVERABLES • Once the trial ends, the Contractor shall deliver a copy of all OCC related end products listed in the above on an encrypted CD\DVD or USB hard drive. All OCC materials used in this project will be destroyed upon request from the COR. • All OCC deliverable media is required to be encrypted and becomes the property of the OCC and will not be returned to the contractor. VII. CONTRACTOR FINANCIAL RESPONSIBILITY If additional services, other than those stated above in section V are requested by the Respondent, these services must be billed directly to the Respondent. VIII. ACCESSIBILITY REQUIREMENTS All Electronic and Information Technology (EIT) acquired or developed under this SOW shall be accessible to individuals with disabilities in accordance with the Rehabilitation Act of 1973, as amended. Specifically, all EIT shall meet the Functional Performance Criteria (36 CFR 1194.31), Information, Documentation and Support standards (36 CFR 1194.41) and Web- Based Intranet and Internet standards (36 CFR 1194.22), as all reports must be suitable for posting, storing or archiving on the OCC Intranet. Specifically, this requirement applies to deliverables specified in Part VI of this SOW. No exceptions have been identified. SECTION 508 COMPLIANCE All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists (see CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/sec508/508standards.htm) or FAR Subpart 39.2, Electronic and Information Technology. X 1194.22 Web-based intranet and internet information and applications. X 1194.31 Functional Performance Criteria. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. Completion of the OCC IT Accessibility Questionnaire (Attachment 1) and GPAT (Attachment 2) are required. FAR 52.212-2 EVALUATION COMMERCIAL ITEMS (OCT 2014) 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: Factor 1: Technical Capability -The offeror's technical approach and capability will be evaluated to determine if the offeror understands and satisfies the requirement in a quality and timely manner. The technical capability shall address the functional elements in the Statement of Work (SOW) in enough detail to clearly and fully demonstrate that the offeror meets the requirement. Factor 2: Past Performance -The offeror's past performance shall demonstrate the relevant quantitative and qualitative aspects of the offeror's record of performing services similar in size, scope and complexity. Price: Price will be evaluated to determine whether it is reasonable. Technical Capability and Past Performance when combined are more important than price. If a technical factor is rated Unacceptable, it will result in an overall rating for all technical factors, when combined, Unacceptable. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JUL 2016) The provision at 52.212-3 Offerors Representations and Certifications - Commercial Items apply to the acquisition. Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. All firms or individuals responding must be registered with the System for Award Management (SAM), which can be found at http://www.sam.gov. Offerors shall include a competed copy of the provision with their offer or complete electronically at http://www.sam.gov. 52.252-2 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): http://www.acquisition.gov/far/index.html OTHER TERMS AND CONDITIONS 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN 2016) (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 (Nov 2015) (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 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). _X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (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). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (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 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 2015) 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-Subcon-tracting 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. 657 f). _X_ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (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). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (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 (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _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). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). __(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). __(44) 52.223-21, Foams (June, 2016) (E.O. 13693). __ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(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. __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (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). __ (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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). __ (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 (Sept 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 (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 $700,000 ($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 (l) 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 (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) 52.222-37, Employment Reports on Veterans (Feb 2016) (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) _X_(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 and 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 (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (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) Department of Treasury Acquisition Regulation Clauses DTAR 1052.210-70 CONTRACTOR PUBLICITY (APR 2015) The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance. (End of clause) DTAR 1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015) (a) Definitions. As used in this clause- (1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause) Office of the Comptroller of Currency Clauses 1052.239-8000 (OCC) ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JUN 2014) (a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR Part 1194. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm. (b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor's Product Assessment Template will be the responsibility of the Contractor at its own expense. (c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed Voluntary Product Accessibility Template found at http://www.itic.org/public-policy/accessibility, to assist the Government in determining that the EIT products or services support Section 508 accessibility standards. (End of Clause) 1052.242-8001 (OCC) POINT OF CONTACT (JUNE 2014) (a) The Point of Contact (POC) for this award is responsible for inspection and invoice approval, and where required, acceptance of deliverables or services rendered. (b) The POC does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, place of performance, delivery schedule, or any terms and conditions of this award or to direct the contractor in the accomplishment of effort which goes beyond the scope. (c) If the contractor believes the POC has changed the scope of this contract, order or blanket purchase agreement, the contractor shall promptly notify the Contracting Officer (CO) verbally or in writing. In the event the contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the award price to cover any increase incurred as a result thereof. (d) The POC for this award is: Name: TBD Address: TBD Telephone: TBD E-mail: TBD (End of Clause) 1052.243-8001 (OCC) AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (SEP 2016) (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. District of Columbia (b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer (CO), or is pursuant to specific authority otherwise included as a part of this contract. (c) The CO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO's. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The primary CO will be identified via separate letter to the contractor. Any CO with appropriate warrant authority may direct changes through a modification to the contract. (End of Clause) 1052.239-8001 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JUNE 2014) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any federal department or agency permit- 1. Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by federal employees who are not individuals with disabilities; and 2. Members of the public with disabilities seeking information or services from a federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities. (b) Accordingly, any Contractor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm. (c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare the Voluntary Product Accessibility Template (VPAT) found at http://www.itic.org/public-policy/accessibility, in accordance with its completion instructions. Additionally, offerors must complete the OCC IT Accessibility Questionnaire found at Attachment 1 of the solicitation. The purpose of the VPAT template and the OCC IT Accessibility Questionnaire is to assist OCC acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. (d) Attestation: To the best of my knowledge, statements made in response to the VPAT and OCC IT Accessibility Questionnaire are complete, accurate, and were made by knowledgeable and qualified professionals in the internal control structure of my organization. The undersigned has authority to legally bind my organization and has been authorized to do so. Corporate Officer Signature:____________________________________ Printed Name/Title: ___________________________________________ Date: ________________ (e) If a Contractor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed VPAT and OCC IT Accessibility Questionnaire, and it is later determined by the Government - i.e., after award of a contract/order, that products or services delivered do not conform to the described accessibility standards in the Product Assessment Template and Questionnaire, remediation of the products or services to the level of conformance specified in the Contractor's Product Assessment Template and Questionnaire will be the responsibility of the Contractor and at its expense. (End of provision) 1052.237-8002 USE OF NON-GOVERNMENT PERSONNEL IN EVALUATION OF PROPOSALS OR QUOTATIONS (FEB 2014) (a) Offerors are hereby notified that non-government personnel will have access to the offerors' proposals. The non-government personnel are employees of [identify the companies whose personnel will have access to the proposals] under contract to the Government. They will serve as Contractor Support to the Government and will be authorized access to only those portions of the proposal or quote and discussions that are necessary to enable them to provide assistance to the Government. All non-government personnel have signed certificates of non-disclosure of source selection information and certificates disclosing any potential financial conflicts of interests or their equivalent documents. All non-government personnel have agreed to protect proposal information from unauthorized use or disclosure and refrain from using the information for any purpose other than that for which it was furnished. (b) By signing below the contractor agrees to and provides written release to the Government for the disclosure of proprietary information to the non-government personnel in the source selection process. Signature of Company Official: __________________________________________ Print Name: ________________________________________________ Print Title: _______________________________________________ (c) If the contractor is not willing to provide this consent, written notification to the Contracting Officer is required within ten (10) calendar days from the issue date of this solicitation. (End of Provision)
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