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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 27, 2017 FBO #5725
SOLICITATION NOTICE

74 -- Lease & Maintenance of Multifunction Devices (MFDs) - Request for Quote - 17-233-SOL-00698

Notice Date

7/25/2017
 

Notice Type

Presolicitation
 

NAICS

532420 — Office Machinery and Equipment Rental and Leasing
 

Contracting Office

Department of Health and Human Services, Program Support Center, Acquisition Management Services, 7700 Wisconsin Ave, Bethesda, Maryland, 20857, United States
 

ZIP Code

20857
 

Solicitation Number

17-233-SOL-00698
 

Point of Contact

Flora Gomes,
 

E-Mail Address

flora.gomes@psc.hhs.gov
(flora.gomes@psc.hhs.gov)
 

Small Business Set-Aside

N/A
 

Description

The purpose of this requirement is to issue a request for a multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) for the Leasing(rental) of Multifunction Devices (MFDs) for the Office of the General Counsel (OGC), Department of Health and Human Services (HHS). SECTION B - Supplies or Services and Prices/Costs B.1 BRIEF DESCRIPTION OF SERVICES The purpose of this requirement is to issue a request for a multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) for the Leasing(rental) of Multifunction Devices (MFDs) for the Office of the General Counsel (OGC), Department of Health and Human Services (HHS). B.2 TYPE OF CONTRACT The contract type awarded is Indefinite Delivery Indefinite Quantity (IDIQ) The IDIQ term shall be sixty (60) months, with an initial twelve (12) month base period and four (4) twelve (12) month option periods. B.3 TYPE OF ORDERS (IDIQ) Task or delivery orders issued under this IDIQ contract shall be Firm Fixed Priced (FFP). Despite the fact that the delivery order shall specify the total lease term, tasks under the lease must not be deemed to obligate succeeding fiscal year's funds or to otherwise commit OGC to a renewal in succeeding fiscal years. The IDIQ shall be reviewed annually to make certain it continues to represent the best value to the Government. B.4 MINIMUM AND MAXIMUM QUANTITIES (IDIQ) During the contract period, the Government shall place orders totaling a minimum of $42,000.00 This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $2,500,000.00. The contract maximum for the entire period of performance shall be for the Government's placement of orders totaling a maximum of $2,500,000.00. Over time, OGC needs to replace its existing leases (which expire at various times) for its nearly thirty MFDs. In addition, OGC needs to replace its nearly 40 network printers that no longer shall be leased from the HHS Office of Information Technology Infrastructure and Operations (ITIO). B.5 CONTRACT LINE ITEM PRICING (IDIQ) The price for each task order shall be based on the negotiated unit prices listed below and estimated level of effort, or firm fixed price amount, to be determined at the time of task order award. The Contractor shall be reimbursed in accordance with pricing section of each task order for satisfactory performance of the work. Firm Fixed Price orders shall comply with the labor rate maximums for each category listed below. A payment schedule for Firm Fixed Price orders shall be negotiated for individual task orders. Description Qty. Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4 MFDs (Medium and Network Replacement) 60 MFDs (Large) 7 The total number of MFDs mentioned above may need maintenance or replacement over the life of the IDIQ and may be serviced under different Task Orders depending on Government need. The total number of Medium and Large MFDs may also change depending on the Government's needs. SECTION C - Description/Specifications/Statement of Work Lease & Maintenance of Multifunction Devices (MFDs) C.1 PROGRAM DESCRIPTION AND BACKGROUND C.1.1 Background HHS OGC is a component of the Department's Office of the Secretary. OGC provides legal advice and oversees litigation representation for all Departmental components except for the Office of Inspector General. OGC has nineteen offices. The Immediate Office (IO) is located in Washington, DC. For purposes of this document, the IO is responsible for OGC leadership and management. Eight OGC division offices with more than 300 attorneys and staff are in the Washington, DC area including Maryland and Georgia: General Law Division (GLD), Ethics Division (Ethics), Children Families and Aging Division (CFAD), Centers for Medicare and Medicaid Services Division (CMSD), Civil Rights Division (CRD), Legislation Division (GCL), Public Health Division (PHD), and the Food and Drug Division (FDD). The OGC divisions provide legal counsel to their respective clients. Each division has primary responsibility for matters in their subject area. Ten regional offices with more than 200 attorneys and staff: Boston, MA; New York City, NY; Philadelphia, PA; Atlanta, GA; Chicago, IL; Dallas, TX; Kansas City, MO; Denver, CO; San Francisco, CA; and Seattle, WA. The regional offices receive matters from all regional program components. Regional litigation matters are matters arising in the respective geographical jurisdictions. Management personnel within all nineteen offices have responsibilities for both oversight of substantive legal work and the internal administration of their office. The budget for all of these offices originates from Washington, DC. OGC receives funding for specific activities as well as personnel from numerous sources. This funding complexity has vastly complicated OGC budget formulation, assignment of personnel to activities, and management and reporting on these various activities. OGC legal work encompasses more than 300 program initiatives, and may be broadly categorized as both counseling and litigation. Its legal advice includes the review of Federal Register documents, interpretation of federal statutes and regulations for clients across all program initiatives. The scope of litigation is also broad; OGC has more than twenty-one thousand (21,000) active litigation matters in courts across the country annually, nearly all of it was in Federal or Administrative courts. C.1.2 Program Objectives The purpose of this SOW is for OGC to obtain contracts to Lease of MFDs for OGC offices referenced above. OGC has requirements to replace expiring leases with new leases for MFDs that function as Color and Black and White Printer/Copier/Scanner, and that include a Maintenance/Service/Operating Supplies Agreement. OGC generates large quantities of documents and relies heavily on its MFDs for printing, copying and scanning documents. OGC seeks maintenance and repair services delivery to each site stated below along with toner and related consumable supplies for the equipment that is the subject of the lease in this SOW. C.1.3 Scope The leasing contract shall include all equipment, installation, removal, maintenance, upgrades and all supplies as listed in this SOW. The leasing contract shall include preventative and demand maintenance of Government-leased MFDs. The operating lease agreement shall include new equipment, full service maintenance, preventative maintenance, all operational/consumable supplies such as toner, dry ink, fuser oil and other copier supplies for the copier, except paper and staples. Additionally, the lease must provide key operator training, networking functionality, security accreditation along with technical and network installation. C.1.4 Leasing (Rental) Contract Requirements - The leasing (rental) contract term must be for sixty (60) months, with an initial twelve (12) month base period, with multiple task orders. - The leasing contract must not contain a termination clause, the effect of which would require funding the entire lease term up front. Despite the fact that the delivery order shall specify the total lease term, orders under the lease must not be deemed to obligate succeeding fiscal year's funds or to otherwise commit OGC to a renewal. Termination costs or fees must not be charged for non-renewal of an option. - The leasing contract must contain a "Termination for Non-Appropriation" clause which states: The Ordering Agency reasonably believes that the bona fide need shall exist for the entire lease term and corresponding funds in an amount sufficient to make all payment for the lease term shall be available to the Ordering Agency. The Ordering Agency's Contracting Officer may terminate or not renew leases at the end of any initial base period or renewal period under this paragraph if (a) it no longer has a bona fide need the equipment or functionally similar equipment; or (b) there is a continuing need, but adequate funds have not been appropriated to the ordering agency in an amount sufficient to continue to make the lease payments. If this occurs, the Ordering Agency shall promptly notify the vendor and the equipment lease shall be cancelled at the end of the last fiscal year for which funds were appropriated. The determination of the availability of funds is made solely by the Government. - The leasing contract must be an IDIQ contract covering the OGC offices referenced above. - The leasing contract pricing must provide for a Flat Rate Monthly Fee (which shall include, but is not limited to, lease, maintenance, consumables) for MFDs. The contractor shall not invoice or charge OGC, based on actual MFD usage, fees exceeding the Flat Rate Monthly Fee. - The leasing contract shall provide for upgrade options and technology changes. C.1.5 Training Plan - The contractor shall provide in person, "on-site" user training in the use of all covered equipment, including general copy skills and detailed features. "On-site" means the location where an MFD is located. - The contractor shall furnish an operator's manual with each MFD supplied and shall make such manual available in electronic media or web-based access. - When notified, the contractor shall supply additional key operator training on an "as needed" basis due to personnel turn over for refresher. C.1.6 Response to Service Calls - The contractor shall respond to service calls during normal business hours, Monday through Friday, excluding holidays observed by the Federal Government. - The contractor shall respond to verbal service calls within four (4) working hours after notification of malfunction. - Service calls for MFD malfunctions identified as critical shall be responded to within two (2) working hours. - The response time on a service call starts when the authorized personnel of HHS OGC places a service call to the contractor. - The contractor shall provide a toll-free telephone number for service calls which must be answered during at least eight working hours, between 7:00 am and 6:00 pm, Monday through Friday (EST), 7:00 am and 6:00 pm, Monday through Friday (CST), 7:00 am and 6:00 pm, Monday through Friday (MST), and 7:00 am and 6:00 pm, Monday through Friday (PST) and manned in such a way that the caller shall not be placed "on hold" for more than three minutes in the process for reporting a service requirement. - The contractor shall have sufficient management and qualified dedicated technicians to service the MFDs. - The contractor shall have a crew of qualified and trained service and delivery personnel in sufficient numbers to service and support the requirements under contract within the specified response times. - The contractor shall maintain all MFDs in accordance with the manufacturer's recommendations. All work shall be performed on government premises unless specifically authorized. The contractor is responsible for providing maintenance for all equipment at all the OGC sites. C.1.7 MFD Minimum Requirements - The MFD must include embedded, serverless scan software that authenticates using HHS's PIV card with no additional SD card or external source and middleware. - Government administrators must have a choice of methods to control privileges and access to the MFD. Authentication schemes include Single Sign-On (SSO) using network accounts, Simple Device Log-In (SDL), and Department ID Mode with optional Control Card/Card and PIV Reader support system utilizing the Access Management System. - Government administrators must be able to turn off SSL and still be able to scan using PIV card. - The MFD must already be approved and tested by ITIO. - The MFD must be able to pass ITIO's security scan. - The MFD's scanning features must include: Send to E-Mail (TIFF, JPEG, PDF, PDF Compact, and XPS), Send to Internet Fax, Send to File Server, Send to a database and scan directly to MS SharePoint. The unit must offer scanning with native integration with OGC's email server (no templates). - The MFD's scanner must recognize one-dimensional barcodes, such as Code 128, UPC Code, EAN Code, Code 39, ITF, Code 93, Codabar (see sample Attachment). - The MFD's settings must be configurable remotely for scanning and converting paper document, with or without barcode cover page, into searchable OCR PDF format. - The MFD's scanner must require PIV card authentication when user uses barcode scanning. - The MFD's settings must be configurable remotely for including or excluding barcode page in the final PDF file when user scans a paper document with barcode cover page. - The MFD's scanner must generate PDF with specific file naming convention when user uses barcode scanning: [firstname].[lastname]_[mmddyy]_[hhmmss]_[barcode].pdf - The MFD's scanner must allow user to edit a file name on the device touch screen when scanning document without using barcode detection feature. - The MFD's settings must be configurable remotely for uploading the scanned document to HHS ITIO network server folders - The MFD's settings must be configurable remotely for scanning document and uploading file to HHS SharePoint document folders. - The MFD must allow for barcode scanning and recognition to be processed on the client side only. - The MFD must have the ability to scan documents into Portable Document Format (PDF) format. - The MFDs must have the ability to make PDFs searchable using Optical Character Recognition (OCR) protocol automatically. - A scan speed of up to 80 images per minute single sided and 160 images per minute two sided is required to meet the productivity needs of the Department. - The MFD must have a scan preview feature. - The MFD must be able to scan in color to email, desktop and network folder. - The ability to drop blank pages from a scanned document is needed to reduce file size and eliminate unneeded pages for a scanned document Scan and OCR to searchable PDF, Scan to Microsoft Word and PowerPoint (.docx and.pptx) formats. - The MFD must be able to scan to a USB thumb drive. - The MFD must have job built (continuous scanning of originals with no limit) - The MFD must have "Skip Blank Pages" feature to reduce file size of scanned documents especially two sided documents. - The MFD must have a double sheet scan detection feature that shall alert a user should two pages of a scanned document stick together. This shall reduce scanning errors and lost information due to lost pages in the scanning process. - The MFD must have an indicator for originals left in the document feeder after scanning. - The MFD must have a warm up time of less than 31 seconds from power on and 4 seconds in quick startup mode. - The MFD must have a customizable frequent user workflow, send destinations or distribution lists. - The MFD must have at a minimum 256 bit encrypted and digitally signed email support. - The emailed document must show in the MFD sent folder. - The email recipient must be able to respond to the sent document. - The user must be able to browse sub folders to store related documents. - The MFD must create metadata for identification and tracking. - The MFD must have PCL and Post Script Print Drivers. - The MFD must print at a minimum 35 pages per minute. - The MFD must have a print resolution of no less than 1,200 x 1,200 dpi (not interpolated) is required to meet the quality needs of the Department. - The MFD must be able to send and receive fax transmissions at up to 33.6 kbps. - The MFD must be able to fax Statement, letter, legal and 11x17 sizes. - The MFD Fax Memory must be up to 30,000 pages. - The MFD must have high speed finishing capabilities. - The MFD's finishing unit must have a minimum of two trays. - The finishing/staple and optional 2/3 hole punch unit must not make the machine any bigger than (W)37-1/8" x (D) 46-3/8" with paper path trays open and bypass tray open. - The MFD must have staple free stapling capability for small jobs of 4 or less pages. - The MFD must have a staple on demand feature that shall allow replacement of staples removed at the machine. - The MFD must have Automatic Image Orientation (ability to automatically rotate pages based on the orientation of the paper in the cassettes). - The MFD must have at least 4 GB RAM + 250GB Hard Drive (max 1TB) in copier memory. - The MFD must have the ability to store up to 10 copy jobs in memory. - The MFD must have easy open and soft close drawers. - The satisfaction of these MFD minimum requirements includes evidence of past performance that demonstrates consistency and reliability in executing the Section 2.8 requirements. C.1.8 Software Service Requirements - The contractor shall provide/install the MFD with any maintenance release, Software/firmware upgrades of the MFD systems Software. - The contractor shall be responsible for providing required information, data and documentation to facilitate OGC's performance of the work, and shall provide such additional assistance and services as needed. - The contractor shall ensure that all Software and elements thereof, including but not limited to, documentation and source code, shall meet and be maintained by contractor to conform to OGC specifications. C.2 SCOPE OF IDIQ The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified), and otherwise do all the things necessary for or incident to the performance of the work as set forth in each task order. SECTION D - Packaging and Marking D.1 PACKAGING AND MARKING All deliverables shall be delivered to the Contracting Officer's Representative (COR) identified in Section G and shall be marked as follows: 1. Name and address of the Contractor; 2. Contract Number; 3. Description of item contained therein; and 4. Consignee's name and address. D.2 PAYMENT OF POSTAGE AND FEES All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or COR shall be paid by the Contractor. SECTION E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer's Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor. E.1.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the COR. E.1.2 General Acceptance Criteria General quality measures, as set forth below, shall be applied to each work product received from the Contractor under this Statement of Work. • Accuracy Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style. • Clarity Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative. • Consistency to Requirements All work products must satisfy the requirements of this Statement of Work. • File Editing All text and diagrammatic files shall be editable by the Government. • Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table. SECTION F - Deliveries or Performance F.1 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 shall 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/ FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Jan 2017) FAR 52.246-4 - Inspection of Services - Fixed Price (Aug 1996) F.2 PERIOD OF PERFORMANCE (IDIQ) The period of performance shall be for a period of sixty (60) months, with an initial twelve (12) month base period, as follows (proposed dates): Base Year: August 25, 2017 to August 24, 2018 Option Year 1: August 25, 2018 to August 24, 2019 Option Year 2: August 25, 2019 to August 24, 2020 Option Year 3: August 25, 2020 to August 24, 2021 Option Year 4: August 25, 2021 to August 24, 2022 The period of performance for individual task orders can extend beyond the expiration date of the IDIQ. In accordance with 52.216-22, Indefinite Quantity, options on task orders may be exercised after the expiration date of the IDIQ. The Contractor shall not be required to make any deliveries under this contract after the completion of the order, including options, which should not extend 60 months following the expiration of the IDIQ ordering period. F.3 PLACE OF PERFORMANCE (IDIQ) The contractor shall provide the MFDs and the Maintenance/Training described herein at the following locations (subject to change): CENTERS FOR MEDICARE AND MEDICAID SERVICES DIVISION 330 Independence Avenue SW Room 5309, Cohen Building Washington, DC 20201 7500 Security Boulevard Room C2-05-23 Baltimore, MD 21244 CHILDREN FAMILIES AND AGING DIVISION 330 Independence Avenue, SW Room 4280, Cohen Building Washington, DC 20201 CIVIL RIGHTS DIVISION 330 Independence Avenue, SW Room 4641, Cohen Building Washington, DC 20201 ETHICS DIVISION 200 Independence Avenue, SW Room 710-E, Hubert H. Humphrey Building Washington, DC 20201 9100 Rockville Pike Room B1CO8, Building 31 Bethesda, MD 20892-0031 FOOD AND DRUG DIVISION 10903 New Hampshire Avenue Room 4536, Building 31 Silver Spring, MD 20993 GENERAL LAW DIVISION 330 Independence Avenue, SW Room 4760, Cohen Building Washington, DC 20201 Suite 2600, 330 C Street, SW Washington, DC 20201 7500 Security Boulevard Baltimore, MD 21244 IMMEDIATE OFFICE 200 Independence Avenue, SW Room 722A, Hubert H. Humphrey Building Washington, DC 20201 LEGISLATION DIVISION 200 Independence Avenue, SW Room 417H, Hubert H. Humphrey Building Washington, DC 20201 PUBLIC HEALTH DIVISION 12501 Ardennes Avenue 3rd Floor Rockville, MD 20857 9000 Rockville Pike Room 2B50, Building 31 Bethesda, MD 20892 REGION I Government Center Room 2250, John F. Kennedy Federal Building, Boston, MA 02203 REGION II 26 Federal Plaza Suite 3908, Jacob K. Javits Federal Building, New York, NY 10278 REGION III 150 South Independence Mall West, Suite 418, Public Ledger Building, Philadelphia, PA 19106-3499 REGION IV Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Suite 5M60 Atlanta, GA 30303-8909 REGION V 233 North Michigan Avenue, Suite 700 Chicago, IL 60601-5519 REGION VI 1301 Young Street Room 1138 Dallas, Texas 75202 REGION VII 601 East 12th Street, Room N1800, Kansas City, MO 64106 REGION VIII 999 18th Street, Suite 410, South Terrace, Denver, CO 80202 REGION IX 907th Street Suite 4-500 San Francisco, CA 94103-6705 REGION X 701 Fifth Avenue Suite 1620, Columbia Center Seattle, WA 98104 F.4 DELIVERABLES AND DELIVERY SCHEDULE (IDIQ) The contractor shall submit all required deliverables in accordance with the schedule established in each individual task order. Deliverables submitted under each individual task order shall reference and cite the contract number and the specific task order number. F.5 DELIVERY REQUIREMENTS Pickup and delivery of items under this contract shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at: http://www.opm.gov/operating_status_schedules. F.6 OBSERVANCE OF LEGAL HOLIDAYS AND DAYS OF GOVERNMENT CLOSURE - ONSITE CONTRACTOR EMPLOYEES (a)(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a Federal facility. (2) HHS may close and or deny contractor access to a Federal facility for a portion of a business day or longer due to any one of the following events: (i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103. (ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes. (iii) Occupational safety or health hazards. (iv) Any other reason. (3) In such events, the contractor employees may be denied access to a Federal facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a Federal facility during such events may be required to leave the facility. (b) In all instances where contractor employees are denied access or required to vacate a Federal facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer shall provide direction to the contractor, which could include continuing on-site performance during the Federal facility closure period. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate. (c) The contractor shall be responsible for monitoring when the Federal facility becomes accessible and shall resume contract performance as required by the contract. (d) For the period that Federal facilities were not accessible to contractor employees, the contracting officer may- (1) Adjust the contract performance or delivery schedule for a period equivalent to the period the Federal facility was not accessible; (2) Forego the work; (3) Reschedule the work by mutual agreement of the parties; or (4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract. SECTION G - Contract Administration Data G.1 AUTHORITIES OF GOVERNMENT PERSONNEL Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract shall require maximum coordination between the Government and the Contractor. The following individuals shall be the Government's points of contact during the performance of this contract: Contracting Officer Name: Lydina Battle Address: 7700 Wisconsin Ave, 8th Floor Bethesda MD 20857 Email: Lydina.Battle@hhs.gov All communications pertaining to contractual and/or administrative matters under this contract shall be sent to: Contract Specialist Name: Flora Gomes Address: 7700 Wisconsin Ave, 8th Floor Bethesda MD 20857 Email: Flora.Gomes@psc.hhs.gov Note: The Contracting Officer is the only individual authorized to modify the contract. G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY (a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily. (b) Technical direction must be within the scope of the specification(s)/work statement. The Contracting Officer's Representative does not have authority to issue technical direction that: (1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work; (2) Constitutes a change as defined in the clause entitled "Changes"; (3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance; (4) Changes any of the terms, conditions, or specification(s)/work statement of the contract; (5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or (6) Directs, supervises or otherwise controls the actions of the contractor's employees. (c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer. (d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day. (e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes." G.3 INVOICES - COMMERCIAL (IDIQ) The Contractor must submit a separate invoice for each task order issued under the IDIQ. (1) Invoice Submission The Contractor shall submit invoices once per month. A proper invoice, with all required back-up documentation shall be sent electronically, via email, to the COR mailbox: Contracting Officer's Representative (COR): A proper invoice, not including non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent electronically, via email, to: 1. Contract Specialist via mailbox: pscsas.invoices@psc.hhs.gov 2.Financial Management Service (FMS) via mailbox: psc_invoices@psc.hhs.gov The subject line of your email invoice submission shall contain the contract number, order number (if applicable), and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats shall be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word). Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc. All calls concerning contract payment shall be directed to the COR. Invoices shall be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (2) Invoice Elements In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. A proper invoice must include the following items: (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice. (B) In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order shall be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. Additionally, the Program Support Center (PSC) requires: (i) the invoice to break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract (ii) the invoice to include the Dun & Bradstreet Number (DUNS) of the Contractor (3) Accelerated Payments In accordance with OMB Memorandum, M-11-32, the PSC shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this accelerated period, the contractor shall not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged. Additionally, in accordance with OMB Memorandum, M-12-16 (and as extended by M-17-13), all prime contractors are encouraged to accelerate payments to their small business subcontractors under this contract. To assist prime contractors in accelerating payments to small business subcontractors, the PSC shall have a goal of paying all prime contractors within 15 days of receipt of a proper invoice. Contractors shall comply with FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (hereby incorporated by reference into the contract), and upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable. The acceleration of payments does not provide any new rights under the Prompt Payment Act. G.4 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30. SECTION H - Special Contract Requirements H.1 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 shall 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/ FAR 52.216-18 - Ordering (Oct 1995) FAR 52.216-19 - Order Limitations (Oct 1995) FAR 52.216-22 - Indefinite Quantity (Oct 1995) H.2 KEY PERSONNEL The key personnel subject to HHSAR Clause 352.237-75 are as follows: Name Position Title To be completed in individual task orders when applicable. H.3 PROHIBITION AGAINST PERSONAL SERVICES The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government shall not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements. H.4 CONTRACTOR PERFORMANCE EVALUATION(S) During the life of this contract, Contractor performance shall be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) shall be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov. H.5 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD PARTY INFORMATION The purpose of this clause is to set forth the restrictions that shall govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure. A. Under this contract, the Contractor shall have access to Contractor proprietary information and other nonpublic information. B. Restrictions on use and disclosure of information. (1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall: (i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes; (ii) Safeguard information from unauthorized use and disclosure; (iii) Allow access to the information only to those employees who need it to perform services under this contract; (iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information; (v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and (vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above. (2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to: (i) Compete for work for the Government; or (ii) Submit an unsolicited proposal to the Government. (3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall: (i) Notify the Contracting Officer; and (ii) Use the information only in accordance with the instructions of the Contracting Officer. C. Breach of any of the conditions of this section of the contract may provide grounds for the Government to: (i) Require the contractor to remove the contract employee or employees from the performance of the contract; (ii) Require the contractor to terminate the subcontractor; (iii) Suspend contractor payments; (iv) Terminate this contract for default or cause; (v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and; (vi) Pursue such other remedies as may be permitted by law, regulation, or this contract. D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both. E. The Contractor shall flow down this clause to subcontractors at all tiers. H.6 MANAGEMENT OF SENSITIVE INFORMATION In addition to electronic data security requirements, the contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. In addition, the contractor must notify - within one hour - the COR of any suspected or confirmed instance of compromised data security. In addition to the requirements specified elsewhere in this contract, the Contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. The Contractor shall ensure that all of its employees, subcontractors (at all tiers), and employees of each subcontractor, who perform work under this contract/subcontract, are trained on data privacy issues and comply with the above requirements. The Contractor shall submit a written plan and assurance for complying with the above requirements at least annually. See Personally Identifiable Information (PII) Breach Response Team (BRT) Policy: http://www.hhs.gov/ocio/policy/20080001.003.html. H.7 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract. b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan. c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable. H.8 ORDERING PROCEDURES (IDIQ) a. The Contractor shall be provided with a description of the work to be performed (Statement of Work,), schedule of deliverables and other additional instructions as needed for each individual task order to be issued under this contract. These documents collectively referred to as a Request for Task Order Proposal (RFTOP), shall be issued by email. The Government reserves the right to conduct cost analysis in accordance with FAR 15.4 and negotiate for lower pricing for specific task orders. It may be necessary to add labor categories during performance of the IDIQ to cover the scope of work. Rates for those labor categories shall be evaluated at the task order level for reasonableness. b. Special conditions such as Section 508 Compliance, HSPD-12, Human Subjects, etc. shall be addressed at the task order level when the requirement is defined. c. The RFTOP package shall include special instructions that are particular to the requirement and information concerning the basis for award. The basis for award of any task order shall be determined by the specific programmatic needs of the requesting agency but shall be in accordance with FAR Part 16.505. d. Provisions specific to the work to be performed under an order shall be included in the RFTOPs per applicable regulations and policies. f. RFTOP evaluation and award shall be conducted in accordance with the requirements of FAR 16.5. For individual RFTOPs, the Government reserves the right to request proposal revisions that seek additional price discounts, provide revisions to the technical proposal, or clarify aspects of the proposal. In the event proposal revisions are requested, the Government shall not necessarily be seeking revisions from all respondents. The Government shall not be conducting "discussions" as defined in FAR Part 15. H.9 TASK ORDER INFORMATION (IDIQ) a. Each task order shall contain the following minimum information: (1) Date of award; (2) Contract number and task order number; (3) Total dollar amount of the task order; (4) Statement of Work, Schedule of Deliverables and any special instructions; (5) Period of performance; (6) The name and address of the Task Order COR. b. The Contractor shall submit separate invoices for each task order. H.10 TASK ORDER/DELIVERY ORDER OMBUDSMAN In accordance with FAR 16.504, the following individual has been designated as the Program Support Center (PSC) task order and delivery order Ombudsman: Mr. Darryl Grant PSC Ombudsman U.S. Department of Health and Human Services 7700 Wisconsin Avenue, Mail Stop 10230B Bethesda, MD 20857 Phone: 301-492-4724 Email: Darryl.Grant@psc.hhs.gov SECTION I - Contract Clauses I.1 FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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: __X_ (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 (Oct 2015) (41 U.S.C. 3509). ___ (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (Oct 2015) (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 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] ___ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)). _X__ (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, 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)). __X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). __X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). __X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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). ___ (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 (Oct 2015). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph shall become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA shall publish a document in the Federal Register advising the public of the termination of the injunction. ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (37) (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.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (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. ___ (41) (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. _X__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (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__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (51) 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). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). _X__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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) 52.222-17, 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.). __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). __X_ (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 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph shall become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA shall publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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. I.2 FAR 52.217-8 OPTION TO EXTEND SERVICES (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the option period. I.3 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 90 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. I.4 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 shall 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/ and http://www.hhs.gov/hhsar/ FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES FAR Clause # Title & Date 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011) 52.204-7 System for Award Management (Jul 2013) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.223-6 Drug-Free Workplace (May 2001) 52.227-1 Authorization and Consent (Dec 2007) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (May 2014) 52.230-6 Administration of Cost Accounting Standards (Jun 2010) 52.232-1 Payments (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop Work Order (Aug 1989) 52.243-1 Changes - Fixed Price (Aug 1987) - Alternate I ( Apr 1984) 52.244-2 Subcontracts (Oct 2010) 52.244-5 Competition in Subcontracting (Dec 1996) 52.245-1 Government Property (Apr2012) 52.246-25 Limitation of Liability - Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (Fixed-Price Supply and Service (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES FAR Clause # Title & Date 352.201-70 Paperwork Reduction Act (Jan 2006) 352.222-70 Contractor cooperation in equal employment opportunity investigations (Jan 2010) 352.224-70 Privacy Act (Jan 2006) 352.227-70 Publications and Publicity (Jan 2006) 352.231-71 Pricing of Adjustments (Jan 2001) 352.239-70 Standard for Security Configurations (Jan 2010) 352.239-72 Security requirements for Federal information technology resources (Jan 2010) 352.242-70 Key Personnel (Jan 2006) 352.242-71 Tobacco Free Facilities (Jan 2006) 352.270-1 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (Jan 2001) I.5 352.203-70 Anti-lobbying (Mar 2012) Pursuant to the current HHS annual appropriations act, Public Law 112-76, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for: (a) Publicity or propaganda purposes; (b) The preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself; or designed to support of defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself; or (c) Payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence the enactment of legislation, appropriations regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government is policymaking and administrative processes within the executive branch of that government. The prohibitions in subsections (a), (b), and (c) above shall include any activity to advocate or promote any proposed, pending, or future Federal, State or local tax increase, or any proposed, pending, or future requirement for, or restriction on, any legal consumer product, including its sale or marketing, including, but not limited to, the advocacy or promotion of gun control. I.6 352.237-73 Non-Discrimination in Service Delivery (Mar 2012) It is the policy of the Department of Health and Human Services that no person otherwise eligible shall be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as race, color, national origin, religion, sex, gender identify, sexual orientation, or disability (physical or mental). By acceptance of this contract, the contractor agrees to comply with this policy in supporting the program and in performing the services called for under this contract. The contractor shall include this clause in all sub-contracts awarded under this contract for supporting or performing the specified program and services. Accordingly, the contractor shall ensure that each of its employees, and any sub-contractor staff, is made aware of, understands, and complies with this policy. SECTION J - List of Attachments Reference Number Title Number of Pages J.1 Past Performance Questionnaire 7 J.2 HHS Section 508 Product Assessment Template 13 J.3 Small Business Subcontracting Plan 11 J.4 Disclosure of Lobbying Activities 3 J.5 552.203-72 Representation by Corporations Regarding an Unpaid Delinquent Federal Tax Liability or a Felony Conviction under any Federal Law (DEVIATION) (APR 2012) 1 J.6 Sample One-Dimensional Barcodes 1 SECTION K - Representations, Certifications, and Other Statements of Offerors or Respondents K.1 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE (1) The North American Industry classification System (NAICS) code for this acquisition 532420. (2) The small business size standard is $32.5 Million. K.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS. (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions shall be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions shall become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA shall publish a document in the Federal Register advising the public of the termination of the injunction. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract shall be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It - is, -is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It - has, - has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It - has, - has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It - has developed and has on file, - has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government shall evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government shall evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government shall evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government shall evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government shall consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this shall not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this shall not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at.] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror shall not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. □ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services shall be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract shall be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services shall be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who shall perform the services under the contract shall spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government shall not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ________ (or mark "Unknown") Predecessor legal name: _________________________ (Do not use a "doing business as" name) (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: □ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or □ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information shall be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information shall not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer shall consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror shall not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision shall be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph shall become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA shall publish a document in the Federal Register advising the public of the termination of the injunction. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents L.1 TYPE OF CONTRACT The Government contemplates award of a Firm Fixed Price type contract resulting from this solicitation. L.2 SERVICE OF PROTEST (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the email address specified in Section G of the solicitation. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.7 INQUIRIES/SUBMISSION All questions/inquiries concerning the solicitation document must be submitted by e-mail to the Contract Specialist, no later than Thursday July 27, 2017 at 10:00 am Eastern Time. Questions should be e-mailed to:Flora.Gomes@psc.hhs.gov. The Government's response to the inquiries shall be posted on FedBizOpps. Any resulting additions, deletions or changes to the solicitation shall be made by issuance of a formal amendment. Offerors are instructed specifically to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award. The Government does not intend to extend the due date for proposals. The proposal must be submitted electronically no later than Thursday, August 3, 2017 at 5:00 pm Eastern Time. The Offeror shall submit (1) copy of the written technical, past performance and business proposals to the Government. L.8 GENERAL INSTRUCTIONS The following instructions establish the acceptable minimum requirements for the format and content of your proposal. The Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a proposal in response to this solicitation, it is understood that your proposal shall become a part of the official contract file. Your attention is directed to the requirements for the submission of technical proposals, Past Performance information and business proposals contained in Sections L.9, L.10, and L.11, of the solicitation. Your proposal must be submitted in accordance with these instructions. The proposal must be prepared in three parts: a "Technical Proposal", a " Past Performance Information " and " Business Proposal " Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the others. L.9 TECHNICAL PROPOSAL INSTRUCTIONS Technical proposals shall be limited to 30 double-spaced pages, with 1-inch margins, and using not less than 12 point font. Offerors are encouraged to be succinct and economical in their presentation. Excessive volume and elaborate presentation are unnecessary. Tables of contents, and works cited and the Technical Appendices are not included in the page count. The technical proposal must not contain references to cost; however, resource information, such as data concerning hours, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions. The proposal shall contain a response to each of the factors identified in Section M. The Offeror must provide clear responses, including objectives and outcomes, to each Task addressing the work to be performed in Section C. Proposals which merely offer to conduct a project in accordance with the requirements of the Government's scope of work shall not be eligible for award. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal shall address the following factors: FACTOR 1 - Technical Approach - The extent to which the quoter demonstrates an understanding of the tasks to be performed and highlights their technical capabilities required to successfully complete the requirements in the Statement of Work (SOW). The Quoter shall ensure that its quote identifies how its capabilities map to the overall needs of the requirements outlined within the SOW. FACTOR 2 - Management Approach - Quoters must provide a management plan that addresses all the requirements of the SOW, in particular, the Scope (Section C.1.3), Places of Performance (Section F.3), Training (Section C.1.5) and Response to Service Calls (Section C.1.6). L.10 PAST PERFORMANCE INFORMATION INSTRUCTIONS Offerors shall be evaluated on performance under existing contracts and performance on prior contracts. Offerors should note the difference between past performance and past experience. Past performance relates to quality and how well a contractor performed, while past experience is about the type and amount of work previously performed by a contractor. Past performance information is available to Federal agencies through a system called the Past Performance Information Retrieval System (PPIRS). The government shall be considering past performance information contained in PPIRS to the greatest extent possible. A maximum of three (3) performance references shall be submitted for contracts within the past three years. Past performance references can be for the offeror, predecessor companies, key personnel who have relevant experience and/or subcontractors that shall perform major or critical aspects of the requirement when such information is relevant to the acquisition. Each performance reference shall include the following information: • Several points of contact (Contracting Officer, Contracting Officer's Representative and any other pertinent officials that can verify performance) - name, agency/company, address, phone number and email address • For contracts with the Federal Government, indicate whether the government has evaluated the contractor and past performance information is available through PPIRS or whether the reference shall be providing information via the past performance questionnaire (see Attachment J.1) • Contract title • Contract number (and task order number when applicable) • Contract type • Total contract value (including base & all options) • Project description and size information • If the past performance reference is for a subcontractor, identify the major or critical aspects of the requirement that they shall perform • Relevancy to the statement of work for the subject solicitation • Did the contract include small business subcontract goals for small disadvantaged business concerns? If so, were the goals met? • Provide an explanation of problems, delays, cost overruns and corrective actions taken. The following categories shall be considered in evaluating a respondent's past performance record: • Quality of performance - as defied in contract standards • Schedule - Timeliness of completion of interim and final milestones • Cost Control - how close to cost estimates • Business Relations - History of professional behavior and overall business-like concern for the interest of the customer For contracts that do not have performance information available through PPIRS, offerors are requested to provide the Past Performance Questionnaire (Attachment J.1) directly to their reference. The reference should complete the questionnaire and submit information directly back to the Government via email to Flora Gomes at Flora.Gomes@psc.hhs.gov by the close date of this solicitation. Past performance information is proprietary source selection information. The Government shall only discuss past performance information directly with the entity or person that is being reviewed. If there is a problem with the proposed subcontractor's past performance, the prime can be notified of a problem, but no details may be discussed without the subcontractor's permission. L.11 BUSINESS PROPOSAL INSTRUCTIONS (IDIQ) The Business Proposal shall contain the following information: L.11.1 Offerors must complete and include Standard Form 1449. Completion of this form indicates that the Offeror agrees with all the terms and conditions contained in solicitation Sections A through M. In addition, the proposal must contain a statement to the effect that it is firm for a period of at least 120 days from the date of receipt thereof by the Government. L.11.2 Proposal Bidding Assumptions - Sample Task Order To assist Offerors in the preparation of their proposals, the Government presents the following bidding assumptions. Offeror's are expected to make an independent assessment of the resources required to perform the tasks described in the sample task order. Offerors should use their own judgment based on their experience and approach to completion of this project to propose the price appropriate for the requirement. The Offeror shall include completed pricing for the sample task order. Business proposals shall include pricing for each contract line item (CLIN) specified in the sample task order, as well as the total price for the entire task order. Please refer to Section C.1.4. Leasing Contract Requirements: "The leasing contract pricing must provide for a Flat Rate Monthly Fee (which shall include, but is not limited to, lease, maintenance, consumables) for MFDs. The contractor shall not invoice or charge OGC, based on actual MFD usage, fees exceeding the Flat Rate Monthly Fee." Place of Performance #of MFDs Min. ppm Approx. Max Copies per Month Rate - Base Year Rate - Option Year 1 Rate - Option Year 2 Rate - Option Year 3 Rate - Option Year 4 Amount 200 Independence Avenue, SW Hubert H. Humphrey Bldg Washington, DC 20201 1 80 B&W /color 145,000 B&W 30,000 color $ $ $ $ $ $ Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Atlanta, GA 30303-8909 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ 150 South Independence Mall West, Public Ledger Building, Philadelphia, PA 19106-3499 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ 999 18th Street, South Terrace Denver, CO 80202 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ 26 Federal Plaza Jacob K. Javits Federal Building, New York, NY 10278 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ 701 Fifth Avenue Columbia Center Seattle, WA 98104 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ 200 Independence Avenue, SW Hubert H. Humphrey Building Washington, DC 20201 1 60 B&W /color 50,000 B&W 27,000 color $ $ $ $ $ $ TOTAL 7 $ $ $ $ $ $ L.11.4 Cost or Pricing Data (a) Submission of certified cost or pricing data is not required. (b) Provide the data described below: Fixed Price Sample Task Order The Offeror shall submit a price proposal adequate to determine whether the proposed pricing is consistent with the technical proposal. Data required: 1. Financial Capacity - The Offeror shall indicate if it has the necessary financial capacity, working capital, and other resources to perform this contract without assistance from any outside sources. (If not, indicate the amount required, the anticipated source, and associated costs for such support.) The Offeror shall submit any information deemed relevant to convincingly demonstrate its ability to perform the requirement from a financial point of view; this may include providing a copy of the Offeror's most recent financial statement. 2. Commitments - The Offeror shall list commitments of key personnel with other clients/contracts and indicate whether these commitments shall or shall not interfere with the completion of work and services contemplated to be completed under this contract. 3. A proposed payment schedule for the contract should be included. The payment schedule should be commensurate with the work to be performed for the contract deliverables and advance payments shall not be made. L.11.5 SUBCONTRACTING PLAN All Offerors, other than those certifying themselves as a small business under the authorized NAICS industry subsector, shall provide a completed "Small Business Subcontracting Plan" in accordance with the instructions provided in FAR Clause 52.219-9 "Small Business Subcontracting Plan - Alternate II". The model subcontracting plan can be found by going to the HHS website: http://www.hhs.gov/grants/contracts/contract-policies-regulations/subcontractplan/index.html Shown below are the FY2017 subcontracting goals for HHS. These subcontracting goals are based on the total subcontracting dollar of the contract. Small Business: 33% Small Disadvantaged Business (including 8a): 5% Woman-Owned Small Business: 5% Hubzone: 3% Veteran-Owned Small Business: 3% Service Disabled Veteran-Owned Small Business: 3% If subcontractors are proposed, Offerors shall include a commitment letter from the subcontractor detailing: (1) Shallingness to perform as a subcontractor for specific duties (list duties). (2) What priority the work shall be given and how it shall relate to other work. (3) The amount of time and facilities available to this project. (4) Information on their cognizant field audit offices. (5) How rights to publications and patents are to be handled. (6) A complete price proposal in the same format as the Offeror's price proposal. (7) For each subcontract over $700,000, the support should provide a listing by source, item, quantity, price, type of subcontract, degree of competition, and bases for establishing source and reasonableness of price, as well as the result of review and evaluation of subcontract proposals when required. An acceptable plan must, in the determination of the Contracting Officer, provide the maximum opportunity for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged persons to participate in the performance of the contract. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror shall be ineligible for award. L.11.6 DISCLOSURE OF LOBBYING ACTIVITIES Standard Form LLL, "Disclosure of Lobbying Activities" can be accessed in the GSA Forms Library at: http://www.gsa.gov/portal/forms/download/116430 L.11.7 REPRESENTATIONS AND CERTIFICATIONS A completed and executed copy of Section K - Representations, Certifications and Other Statements of Offerors or Respondents, must be included as part of your business proposal.   SECTION M - Evaluation Factors for Award M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ M.2 GENERAL In order for proposals to be considered acceptable and eligible for evaluation, they must be prepared in accordance with and in compliance with the instructions given in this solicitation and address all of the requirements set forth in Section C. Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work shall not be eligible for an award. M.3 AWARD WITHOUT DISCUSSIONS AND COMPETITIVE RANGE DETERMINATIONS The Government intends to evaluate proposals and award a contract without discussions with Offerors (except for clarifications as described in FAR 15.306(a)). Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In the event discussions are held, a competitive range determination shall be made. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that shall permit an efficient competition among the most highly rated proposals. M.4 BASIS FOR AWARD The following factors shall be considered in evaluating proposals, in descending level of importance: - Technical; - Past Performance; - Cost or Price Award shall be made to that responsible Offeror(s) whose proposal contains the combination of those factors offering the best overall value to the Government utilizing tradeoff process. This shall be determined by comparing differences in technical merit and past performance with differences in cost to the Government. In making this comparison the Government is more concerned with obtaining superior technical merit. However, the Government shall not make an award at a significantly higher cost/price to the Government to achieve slightly superior technical merit and past performance. The Government reserves the right to make an award to other than the lowest priced offeror or to the offeror with a higher technical score if the Contracting Officer determines that to do so would result in the best value to the Government. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price M.5 TECHNICAL EVALUATION CRITERIA - POINT METHOD The criteria identified below shall serve as the standard against which the technical proposal shall be evaluated and identifies the significant factors which the Offeror should address in their proposals. The evaluation of the Offeror's proposal shall be based upon the completeness and thoroughness of the proposal submitted. Proposals that exceed requirements shall be rated more favorably in assigning points. The following criteria shall be used to technically evaluate proposals and shall be weighted as indicated in establishing a numerical rating (maximum of 100 points obtainable) for all technical proposals submitted: The factors on the following pages shall be used to technically evaluate proposals and shall be weighted as indicated in establishing a numerical rating for all technical proposals submitted: Factor 1 - Technical Approach = 50 Points Factor 2 - Management Approach = 50 Points FACTOR 1 - Technical Approach (50 POINTS) The extent to which the quoter demonstrates an understanding of the tasks to be performed and highlights their technical capabilities required to successfully complete the requirements in the Statement of Work (SOW). The Quoter shall ensure that its quote identifies how its capabilities map to the overall needs of the requirements outlined within the SOW. FACTOR 2 - Management Approach (50 POINTS) Quoters must provide a management plan that addresses all the requirements of the SOW, in particular, the Scope (Section C.1.3), Places of Performance (Section F.3), Training (Section C.1.5) and Response to Service Calls (Section C.1.6). M.6 PAST PERFORMANCE EVALUATION Past performance information is one indicator of an offeror's ability to perform the contract successfully. This evaluation is subjective and shall be based on information obtained from references provided by the offeror, as well as information obtained by other sources known to the Government. For the purpose of this evaluation the term "offeror" is inclusive of the prime, predecessor companies, key personnel and subcontractors for which past performance shall be evaluated. The Government shall consider the relevancy and quality of the offeror's past performance to assess the risk of unsuccessful contract performance. STEP 1 - Relevancy Each reference shall be evaluated for relevancy based on the scope and magnitude of effort and complexities of the work performed and how it compares to the services specified in Section C of this solicitation. Rating Definition Very Relevant Performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Relevant Performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant Performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not Relevant Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. STEP 2 - Quality To determine how well the offeror has performed in the past, the Government is using past performance rating information available in the Past Performance Retrieval System (PPIRS), information provided by references, as well as information obtained by other sources known to the Government. Each reference shall be evaluated for the overall quality of the performance. Rating Definition Excellent The contractor has performed successfully and greatly exceeded expectations under the contract. Good The contactor has performed successfully under the contract. None No record of performance or performance is inconclusive Marginal The contractor has some unsuccessful performance under the contract. Poor The contractor has performed unsuccessfully under the contract. STEP 3 - Risk Rating After considering the relevancy and the quality of the offeror's past performance, an overall risk rating shall be determined for each offeror. The risk rating is an assessment of the overall risk of unsuccessful contract performance based on the past performance of the offeror. The more relevant the references are to the current acquisition, the more significant the reference becomes and the more weight it is given in determining the risk rating. The Government shall consider the type and amount of work to be performed by the prime, key personnel, and major or critical subcontractors to determine the significance of their past performance information when determining the risk rating. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is inconclusive, the offeror shall not be evaluated favorably or unfavorably on past performance. Rating Description Low Performance Risk Based on the respondent's performance record, little or no doubt exists that the respondent shall successfully perform the required effort. Moderate Performance Risk Based on the respondent's performance record, some doubt exists that the respondent shall successfully perform the required effort. Normal contractor emphasis should preclude any problems. High Performance Risk Based on the respondent's performance record, substantial doubt exists that the respondent shall successfully perform the required effort. Unknown Performance Risk No performance record is identifiable. M.7 PRICE EVALUATION (IDIQ) The total evaluated price for the IDIQ is based on the proposed total price for the sample task order. Fixed Price Sample Task Order The price/cost proposal shall be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques as described in FAR 15.404. M.8 RESPONSIBILITY To be eligible for award, an Offeror must be determined responsible in accordance with the standards in FAR Part 9.104. M.9 ORGANIZATIONAL CONFLICT OF INTEREST If the Government determines that an organizational conflict of interest (OCI) exists, that cannot be satisfactorily avoided, neutralized or mitigated or waived, the Contracting Officer may determine that the offeror shall not be eligible for award. The Government reserves the right to only consider mitigation plans proposed by the apparent successful offeror. If this acquisition is governed by FAR Part 15, the process of approving an OCI mitigation plan and revisions to such a plan does not constitute discussions as described in FAR 15.306.
 

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