FBODaily.com | FedBizOpps: PRESOL | R | Marketing Specialist - Combo Synopsis

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 02, 2017 FBO #5731
SOLICITATION NOTICE

R -- Marketing Specialist - Combo Synopsis

Notice Date: 7/31/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: #541613 — Marketing Consulting Services
Contracting Office: Department of the Army, National Guard Bureau, USPFO for Oregon, Attn: USPFO-P, PO Box 14840, Salem, Oregon, 97309-5008
ZIP Code: 97309-5008
Solicitation Number: 11057595
Archive Date: 9/20/2017
Point of Contact: Phillip Chik, Phone: 503-584-3784, Richard Harvey, Phone: 503-584-3773
E-Mail Address: phillip.l.chik2.mil@mail.mil, richard.a.harvey5.mil@mail.mil
(phillip.l.chik2.mil@mail.mil, richard.a.harvey5.mil@mail.mil)
Small Business Set-Aside: Total Small Business
Description: Combo Synopsis Combined Synopsis # 11057595 Action Code: Combined Synopsis NAICS Code/ PSC Code: 541613/ R-701 Subject: Marketing Services Specialist Solicitation Number: 11057595 Posted date: July 31th 2017 Response due Date and Time: September 5th 11:00 AM PST Set Aside: Total Small Business Contracting Office Address: United States Property and Fiscal Office ATTN: USPFO-P, 1776 Militia Way/PO Box 14350 Salem, Oregon 97309-5047 Performance Location: ORARNG Service Member Family Support (SMFS) ANDERSON READINESS CENTER (ARC) 3225 State Street Salem, Or 97309 Information to Offerors All Quotes shall be firm-fixed pricing. If you have any questions or concerns regarding this Request for Quote (RFQ), please contact Phillip Chik at 503-584-3784 or at email: phillip.l.chik2.mil@mail.mil. To ensure receipt of your quote, please send quote to LTC Phillip Chik SAM vendor registration is required. Please visit www.sam.gov. Step-by-step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil Please review FAR clause 52.229-3 for any exemptions in Federal, State and Local Taxes and their applicability pertaining to your quote for this RFQ. PRICES QUOTED MUST BE VALID FOR 30 DAYS. PLEASE PRICE IN YOUR QUOTE INTO CLIN 0001 of this Solicitation (Under "Evaluation Factors (Technical)"). Attach separate documentation outlined in the Performance Work Statement (PWS) for technical evaluation as outlined in the PWS. FOB Destination TO: ORARNG 1776 Militia Way/PO Box 14350 Salem, Oregon 97309-5047 Please return this page and provide the following information. Contact Person: ________________________________________________________ E-mail Address: ________________________________________________________ Telephone: ____________________________________________________________ DUNS Number: _________________________________________ CAGE Code: ________________________________________ Federal Tax ID Number _____________________________________________ Requirements for your Quote Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. You may also fill out the PDF version on FBO of the solicitation and send in by the closing due date and time. The award will only be made to an offeror that is all-inclusive of the requirements for this solicitation. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Period of Performance (POP): The POP is outlined in the PWS under this solicitation posting Contractor must be able to provide the below training certificates 3 days before the commencement of work is to start on or before September 26, 2017. Certificates must be provided to the Contracting Officers Representative (COR) along with copies sent to the Contracting Officer and Contract Specialist. AT Level I Training. This provision/clause/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days before contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the Contracting Officer, within 3 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 3 calendar days of the training event start date (NLT 23 September 2017), with the results reported to the COR and KO before contract commencement. Contracting Manpower Recording Act (CMRA): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the ARMY collection site as described in this associated PWS. The contractor shall complete Contractor Manpower Reporting (CMR) in accordance with the requirements outlined in the PWS. Information regarding CMR, including contractor user guides, can be obtained at the following website: https://cmra.army.mil/help/glossary.html Unit Identification Code (UIC) for the Requiring Activity: W8BAAA Issuing Office DoDAAC: W912JV Basis for Award The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror conforming to all requirements in this solicitation and quoting the lowest price offeror meeting all the requirements of the Selection Criteria outlined in the PWS. It is also required that you provide adequate technical documentation as required by the requirements of this solicitation to determine you are capable of providing the services needed. The awarded vendor will provide us with the documents listed below. This will be verified by a government representative that the person is technically acceptable before issuance of award. SELECTION CRITERIA The contractor must produce these documents along with their firm fixed priced quote in order to be considered for selection based on the following criteria, Please Place your technical certifications on a separate document entitled Performance Work Statement (Evaluation Factor Documents) along with your quote pricing listed in the bottom of this section. The price listed at the bottom of this section will be evaluated for price only: Period of Performance: This position for 1 year starting September 26th 2017 and ending September 25th 2018. Evaluation Factors (Technical) In order to meet the Technical Specifications, All quotes must provide documents that meet or exceed the below evaluation factors for meeting technical experience levels. Quotes that do not provide the below documentation can be excluded from award. 1. It is strongly desired that applicants have Bachelor's degree in Marketing, Advertising, Public Relations, or a Communications degree or can demonstrate practical experience in the area(s) of expertise required by the technical specifications, as well as demonstrate capability in program/project coordination applications, with three years' experience. Applicant must show documentation to support this with their quote. 2. Demonstrate strong leadership and consensus building skills; marketing management and strategic planning experience; a proven track record in developing and administering a marketing program. 3. Demonstrated ability to multitask, analytical/logical thinking and ability to problem-solve, as well as ability to manage projects with minimal oversight. This position requires strong business, marketing and strategic thinking skills as well as the ability to drive seamless execution across a large organization. The role also requires exceptionally strong presence, communication and writing skills. The ideal candidate is a resourceful leader who can work with a team in a dynamic organization while also driving multiple projects on his/her own. NOTE: Please provide pricing on the Solicitation form for CLIN 0001 1 JOB Marketing Specialist CLIN 0001 1 JOB Media and Marketing Specialist TOTAL tiny_mce_marker__________________ CLIN 0002 Travel (See 1.6.3 under below PWS) TOTAL tiny_mce_marker__________________ CLIN 0003: Army Contractor Manpower Reporting Requirement (yearly requirement). See individual Line Item PWS. Include price for this reporting requirement (see requirement below) or indicate "No Charge". TOTAL tiny_mce_marker_______________ TOTAL CLIN 0001 - 0003 TOTAL tiny_mce_marker________________ PERFORMANCE WORK STATEMENT (PWS) Oregon National Guard Service Member and Family Support - Multimedia and Marketing Specialist Part 1 General Information 1. GENERAL: This is a non-personal services requirement to provide media and marketing services for the benefit of outreach and awareness of the benefits and services available to Service Members, Veterans and their families. The target audience will be all branches and components who serve in Oregon or reside in Oregon. The usage of a publicly available website, social media and a marketing plan to increase education, awareness, and usage of the programs and resources are the key concepts. The Government shall not exercise any supervision or control over the contractor employees performing the services herein. Such contractor employees shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform the support services as defined in this PWS, except as specified in Part 3 as Government Furnished. The contractor shall perform to the standards specified herein. 1.2 Background: The ORNG Service Member and Family Support (SMFS) Office has a requirement for contractor support to provide media services for the benefit of Oregon service members and their families. Media specialist will utilize and manage all media outlets and platforms to educate and build awareness of the veteran resources and programs ORNG SMFS connects to our military families. 1.3 General Information 1.3.1 This PWS conveys the basic requirements, performance standards and assessment measures. Performance standards, when stated in the PWS, provided a general basis for measuring the performance for each requirement. 1.3.2 The contractor shall perform in accordance with the requirements of this PWS. The service requirements are summarized into performance objectives. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement when applicable. 1.4 Quality Assurance (QA): The government shall evaluate the contractor's performance under this order in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) and/or defect rate(s). 1.4.1. The Contractor employee performance will be evaluated at least monthly. For those tasks listed in the Service Delivery Summary (SDS), the Contracting Officer Representative (COR) will follow the methods of surveillance specified in the Government's Quality Assessment Plan (QAP). Government personnel will record all surveillance observations. When an observation indicates other than a "green" rating, the COR will require the Contract Manager or representative to initial the observation. The initialing of the observation does not constitute concurrence with the observation; only acknowledging that they have been made aware of the defective performance. Interim evaluations maybe prepared at the discretion of the COR. 1.5 Recognized Holidays: Federal law (5 U.S.C. 6103) establishes the following public holidays which will be recognized for the purpose of this task order (http://www.opm.gov/policy-data- oversight/snow-dismissal-procedures/federal-holidays/#url=Overview): New Year's Day Birthday of Martin Luther King, Jr. Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day 1.6 Place and Performance of Services: The contractor shall provide services between the core hours of 08:00 am to 5:00 pm Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will be required to periodically adjust the work schedule to accommodate ORNG SMFS events or client meetings occurring outside core hours. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Government shall not be liable for overtime hours incurred in excess of the aforementioned minimum coverage. The primary place of performance will be at the ORNG SMFS Office, Anderson Readiness Center, Room 243, 3225 State Street, Salem, OR, 97301. 1.6.1 Travel: Anticipated travel for this task order is 10 TDY's for the following locations in 1.6.3 with overnight lodging expected for noted location. Contractor must possess and maintain a valid driver's license. 1.6.2 Individual will be reimbursed according to the Joint Travel Regulations 1.6.3 Locations of travel are as follows: Location Mileage Lodging Ontario and La Grande, OR 774 miles round trip 1 night Bend, OR 262 miles round trip 1 night Medford, OR 458 miles round trip 1 night Springfield, OR 122 miles round trip N/A Albany, OR 43 miles round trip N/A Klamath Falls, OR 480 miles round trip 1 night Portland, OR 116 miles round trip N/A Clackamas, OR 98 miles round trip N/A Forest Grove, OR 108 miles round trip N/A Gresham, OR 128 miles round trip N/A Total 2589 miles 4 nights lodging 1.7: Security 1.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. All materials and equipment shall be returned to the Contracting Officer's Representative upon request or at the end of the period of performance. 1.7.2 COMSEC/IT Security: All communications with DOD organizations are subject to communications security (COMSEC) review. The Contractor will be aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised that any time they place a call or receive a call they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall be aware of and abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings. 1.7.3 Government Systems and Networks. Use of Government Information Systems and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the AEI. Users must have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. User's will- (1) Comply with the command's AUP for Government owned ISs and sign an AUP prior to or upon account activation. (2) Complete initial and/or annual IA training as defined in the IA training BBP (https://informationassurance.us.army.mil). (3) Mark and safeguard files, output products, and storage media per the classification level and disseminate them only to individuals authorized to receive them with a valid need to know. (4) Protect ISs and IS peripherals located in their respective areas in accordance with physical security and data protection requirements. (5) Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network. 1.7.4 Protection of Personally Identifiable Information (PII): The Contractor shall be responsible to protect all Personally Identifiable Information (PII) encountered in the performance of work under task order in accordance with DFARS 224.103, DoDD 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R, Department of Defense Privacy Program. 1.7.5 PPI Violations: If the Contractor violates the aforementioned policies and a PII breach results, the Contractor shall be responsible for all notification costs, call-center support costs, and credit monitoring service costs for all individuals who's PII has been compromised. 1.7.6 Identification of Contractor Employees: All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor's status as a "contractor" shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities/personnel. Contractor decorum should leave no doubt that they are not acting in an official Government capacity and do not have the authority to bind the Government. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. When contractor employees are working on Government facilities or participating at Government meetings, they shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word "contractor" displayed. Contractor issued badges are acceptable. The contractor shall retrieve all identification media (including vehicle passes) from their employees who depart for any reason. All identification media shall be returned to the Contracting Officer within 14 days of departure. 1.7.7 CAC Requirements: Contractor will be in compliance with Army Directive 2014-05 and HSPD-12 Background Investigation Requirements: The contractor ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel assigned to work on the Government site and by personnel requiring access to a DoD network (and other eligible populations as specified in DTM-08-003 Attachment 3, paragraph 3a.) are required to, at a minimum, have received a favorable FBI fingerprint check and must have submitted to the Office of Personnel Management (OPM) a National Agency Check with Inquiries (NACI) or equivalent/higher investigation. It is the responsibility of the contractor to ensure that all employees requiring an initial background investigation complete a Personnel Security Investigation Portal (PSIP) form, at the earliest possible date and that this form is forwarded to the Contracting Officer's Representative (COR) immediately. The COR will review the form for completeness and accuracy and forward to the NGB Personnel Security manager who will initiate the investigation process via the PSIP. Contractor personnel will then receive two e-mail messages; the first will confirm that the request has been received by the Office of Personnel Management, and the second will provide instructions for the completion of the appropriate form via the Electronic Questionnaires for Investigations Processing (e-QIP) system. Upon completion of the e-QIP questionnaire and submittal of all required documents, including fingerprint card to the security manager, the BI will be initiated. The contractor shall ensure all instructions regarding background investigation processing, including those provided verbally, by e-mail or via a Government system are complied with immediately. The contractor is cautioned that the entire process from submittal of the PSIP form to return of the FBI fingerprint check may routinely take from 2-6 weeks and shall factor this lead time into its hiring/placement process. The contractor shall make all reasonable efforts to ensure that contractor employees meet CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements or decreases in efficiency in accordance with the applicable inspection clause. 1.7.7.1 Trusted Associate Sponsorship System (TASS): The contractor is responsible for processing applications for Common Access Cards (CAC) for every contractor employee who deploys with the military force OR who has needed to access any government computer network in accordance with FAR 52.204-9, "Personal Identity Verification of Contractor Personnel." The contractor is responsible for managing requests for new or renewal CAC cards in sufficient time to ensure that all contractor employees have them when needed to perform work under this contract. The norm is at least ten calendar days advance notice to the Trusted Agent (TA), unless there are extenuating circumstances approved by the COR or Contracting Officer (KO). It is recommend that a "Corporate Facility Security Officer" (FSO) be designated to serve as your firm's single point of contact for Background Investigation (BI), the TASS application process and other CAC and security related matters. If a FSO is not established, each contractor employee requiring a CAC will be required to process their own applications. CAC applications shall be processed through the TASS. The contractor's FSO or contractor employee shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA) before accessing the TASS website. The TASS TA for this requirement is located in the USPFO-OR Contracting Office. The government will establish a TASS application account for each CAC request and will provide each contractor employee a USER ID and Password, via email, to the FSO. The FSO or contractor employee shall access the TASS account and complete the CAC application (entering/editing contractor information as applicable) at: https://www.dmdc.osd.mil/tass/. The FSO or contractor employee will submit completed applications in TASS and will follow up to ensure that the TA is processing the request. A CAC cannot be issued without evidence that the FSO has initiated a National Agency Check with Written Inquires (NACI). The government will inform the contractor's applicant, via email, of one of the following: a. Approved.* Upon approval, the information is transferred to the Defense Enrollment Eligibility Reporting System (DEERS) database and an email notification is sent to the contractor with instructions on obtaining their CAC. The contractor proceeds to a Real-Time Automated Personnel Identification System (RAPIDS) station (RAPIDS Site Locator: http://www.dmdc.osd.mil/rsl/). b. Rejected.* The Government, in separate correspondence, will provide reason(s) for rejection. c. Returned. Additional information or correction to the application required by the contractor employee. *The contractor shall maintain records of all approved and rejected applications. At the RAPIDS station, the RAPIDS Verification Officer will verify the contractor by SSN and two forms of identification. Identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 115-0136, "Employment Eligibility Verification." Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal Government-issued picture identification (ID). The identity documents will be inspected for authenticity and scanned and stored in the DEERS upon issuance of an ID. The photo ID requirement cannot be waived, consistent with applicable statutory requirements. The Verification Officer will capture primary and alternate fingerprints, picture, and updates to DEERS and will then issue a CAC. Issued CACs shall be for a period of performance not longer than three (3) years or the individual's contract end date (inclusive of any options), whichever is earlier. The contractor shall return issued CAC's to the DEERS office upon departure or dismissal of each contractor employee. Obtain a receipt for each card and provide to the TA/COR. 1.7.8 AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to an ORNG controlled installation, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 45 calendar days after completion of training by all employees and subcontractor personnel. This is an annual training requirement. AT level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html 1.7.9 Access and General Protection/Security Policy and Procedures. Contractor workforce must comply with all personal identity verification requirements (FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, NGB, ORNG and/or local policy. All contractor employees, including subcontractor employees, requiring access to a military or ORNG controlled installation, facility, or area shall comply with applicable security policies and procedures provided by the ORNG security office. This includes policies pertaining to the use or prohibition of electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a Government Installation, the Contractor must obtain written permission from the Senior Commander. The contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the state Physical Security Manager, Director of Emergency Services, or Security Office. In addition to the changes otherwise authorized by the changes clause of this contract, should Force Protection Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes. 1.7.10 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 15 calendar days of new employees commencing performance with the results reported to the COR NLT 45 calendar days after contract award. 1.7.11 Contractor Employees Who Require Access to Government Information Systems. All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter. 1.7.12 OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training. Compliance is confirmed through receipt of the DOD OPSEC Training Certificate provided at the conclusion of training. Training is conducted online at online through http://cdsetrain.dtic.mil/opsec/. Certificate shall be forwarded to COR. 1.7.13 Information assurance (IA)/information technology (IT) training. All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD, Army, NGB and ORNG training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 and published DoD and ORNG requirements within six months of employment. Compliance is confirmed through receipt of the DOD IA Training Certificate provided at the conclusion of training. Training is conducted online at https://ia.signal.army.mil/DoDIAA/default.asp. Certificate shall be forwarded to J6 IA Manager. 1.7.14 Personnel without Security Clearances. All contractor employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials. The Vendor will coordinate with the COR and/or the facility security office for access when required. 1.7.15 Common Access Card Vetting. All contractor employees, including subcontractor employees, who are not in possession of a current Common Access Card (CAC) will be vetted by the local security office to determine fitness and eligibility for access IAW DTM 09-012, paragraph 2.b(4) may include but not limited to a National Criminal Information Check (NCIC) and National Terrorist Screening Database (NTSDB). The Vendor will ensure that the government has sufficient biographical information to conduct said screening including, but not limited to the person's name, date of birth, and social security number. NCIC and NTSDB will be conducted by the ARNG security office as required. Documentation of risk assessment will be recorded and reported as Access Approved/Access Denied. Negative findings will be destroyed within 60 days of risk assessment. Appeals of denial of access due to negative risk assessment may be made through ORNG Physical Security Manager for additional review. 1.7.16 Employment Eligibility Requirements. The vendor must pre-screen applicants using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the applicant has two valid forms of government issued identification. An initial list of applicants must be provided to the COR no later than 7 business days after contractor employee hire to start the CI-focused security screening process. 1.7.17 Security Documentation. Vendor responsible for ensuring security documentation is completed by applicants. The Vendor must facilitate the security screening process for the CRPs (US/non-US citizens who do not require a security clearance and/or access to classified information) by ensuring the applicants complete the required security documentation (Privacy Act Advisement, SF85P, Fingerprint Cards, OFI Form 86C Special Agency Check (SAC), Intelligence Security Questionnaire, and a National Intelligence Agency Spreadsheet). The Vendor is responsible for translation services required for non-English speaking/writing applicants for assistance in completing the security screening packets. A blanket security CI-screening packet will be provided to the Vendor by the contracting Office upon request. For linguist support, the Vendor must acquire a PSI-CoE PSIP account to submit the required background investigations. 1.7.18 Security Screening Packets. The Vendor must provide completed security screening packets in a sealed envelope/box to the ORNG security office for access approval within 30 days after the employee hire. 1.7.19 Access Notification. The COR will notify the Vendor of the access determination for each applicant after the CI-focused screenings are complete. The Vendor must provide a final list of vetted/approval applicants to the COR at least 7 business days prior to the vendor employee start date to ensure that the Installation Security Office is notified in advance. 1.8 Conservation of Utilities. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount. 1.9 Contractor Employee Appearance and Dress. A professional appearance, along with training and experience, enhances credibility when dealing with Service Members, veterans, their families, the public and any other organization or agency. Employees will be well groomed, and dressed appropriately when performing official duties. The normal dress code is casual business clothing. The following items are considered inappropriate attire: Spaghetti-strapped shirts/dresses, tank tops or revealing shirts, short mini-skirts, worn looking / old blue jeans, sheer clothing, t-shirts, any clothing with anti-government / military slogans. 1.10 Qualifications: 1.10.1 Special Qualifications: Possess additional Army / Air National Guard experience that demonstrates the individual is prominent and recognized authority in the subject matter field or area of consultation and has broad knowledge and skills to perform the work of the position described. 1.10.2 Education and Experience: Highly desired minimum of a Bachelor's Degree in Marketing, Advertising, Public Relations, Communications, or 5 years practical experience required by the Task Order as well as demonstrated capability in program /project coordination applications. Experience working with a federal agency, especially the Department of Defense is preferred. 1.10.3 Demonstrate strong leadership and consensus building skills; marketing management and strategic planning experience; a proven track record in developing and administering a marketing program. 1.10.4 Demonstrated ability to multitask, analytical/logical thinking and ability to problem-solve, as well as ability to manage projects with minimal oversight. This position requires strong business, marketing and strategic thinking skills as well as the ability to drive seamless execution across a large organization. The role also requires exceptionally strong presence, communication and writing skills. The ideal candidate is a resourceful leader who can work with a team in a dynamic organization while also driving multiple projects on his/her own. 1.10.5 In order to successfully meet the performance objective of this task order, the Contractor should possess the following knowledge skills: • Computer operation skills using MS Word, Excel, Power Point, Data Base, Publisher, Macromedia Dream Weaver, In Design and all Adobe Creative Suite Applications. • Web-based language including HTML, JavaScript, JQuery and CSS highly desirable • Domain management to include individual and group email and web hosting. • A self-starter, highly organized, and able to work well with military members at all levels in the organization • Polished presentation and interpersonal skills • Top level marketing management and facilitation skills 1.11 Reserved 1.12 Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. 1.13 Contracting Officer Representative (COR). The (COR) will be identified by separate letter. The COR monitors all technical aspects of the task order and assists in task order administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with task order performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.14 Contractor Travel. Travel to other government facilities may be required. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to local policy procedures), and is on a strictly cost reimbursable basis. The contractor shall be authorized reimbursement for travel expenses consistent with the regulatory implementation of Public Law 99-234, the substantive provisions of the Joint Travel Regulation (JTR) and FAR 31.205-46 Travel Costs and the limitation of funds specified in this contract. Any costs submitted for reimbursement shall be supported by receipts and shall be limited to the lesser of the actual cost incurred or the then current per diem rates established by the General Services Administration (GSA). 1.15 Contract Administration and Management. The following subsections specify requirements for contract, management, and personnel administration. 1.15.1 Contract Manager (CM). The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.15.2 Contract Management. The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the support operations at place of performance as specified in the contract and the contractor's corporate offices. The contractor shall provide management of subcontracts so as to ensure transparency of services to the Government; this includes timely payment of sub-contractors and organic personnel, which is the singular responsibility of the contractor. 1.15.3 Contract Administration. The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions within one (1) business day. The contractor shall designate and maintain a single point of contact between the Government and Contractor personnel assigned to support the contract. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on the requirement. 1.15.4 Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. In the event that a potential OCI is identified, the prime contractor is responsible for immediately preparing and submitting to the contracting officer for approval, and adequate mitigation plan. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). 1.16 Personnel Administration and Management. The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks including both on-site and off-site support as specified at the order level. The contractor shall provide administrative support to employees in a timely fashion (orientation, time keeping, leave processing, pay, emergency needs). 1.16.1 Non-personal Services. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (KO) immediately. 1.16.2 Removal of Personnel. The Government reserves the right to require the contractor to remove contractor employees at any time for due to violation of law, regulation or imminent danger to government employees, facilities or interests. The contractor is responsible at all times for providing service at the required level and must develop a plan to ensure continuity of services in the event of unexpected departure or removal of contractor personnel. 1.16.3 Employee Leave. The contractor has sole responsibility to supervise, remove, replace, discipline or approve leave for its employees. In the event that an employee is removed or replaced, the contractor shall notify the Contracting Officer whenever changes are proposed. The Contractor shall also provide a minimum of a 7-day advance notice to the COR prior to removing an employee. This 7-day advance notice is not required in the case of emergency. 1.16.4 Termination for Cause. Employment and staffing difficulties shall not be justification for the contractor's failure to meet established requirements. If such difficulties impair performance, the contractor may be subject to termination for cause. 1.16.5 Contractor Employee Qualifications. The contractor is responsible for providing a fully qualified work force. The contractor shall employ and utilize only experienced, responsible and capable persons in the performance of work under this contract. All employees must be citizens of the United States (or authorized aliens) and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. 1.16.6 Exempt Professional Employees. Contractor employees supporting this task order requirement are identified as professional employees as defined in 29 CFR 541 and are not subject to the requirements of the Service Contract Act of 1965 (FAR Subpart 22.11 Professional Employee Compensation). 1.16.7 Combating Trafficking in Persons. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government's zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17. 1.17 Monthly Hour / Expense Reporting. The Contractor shall itemize monthly costs, breaking down hours worked, travel expenses and reimbursable expenses (if applicable). Receipts and logs shall accompany request for reimbursable expenses. The contractor shall organize this information by CLIN and shall differentiate tasking costs individually and separately to facilitate cost monitoring. The report shall include costs incurred through the calendar month prior to the report. This report shall be submitted with the invoice. 1.17.1 Claims for mileage reimbursement. The contractor shall develop and maintain a mileage log. The log shall include at a minimum the contractor's name, date, start and stop mileage and destination. This log shall be submitted with the monthly invoice. PART 2 DEFINITIONS & ACRONYMS 2. DEFINITIONS AND ACRONYMS: 2.1. DEFINITIONS: 2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this task order refers to the prime. 2.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government. 2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. 2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement. 2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes. 2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. 2.1.7. OREGON NATIONAL GUARD SERVICE MEMBER AND FAMILY SUPPORT (ORNG SMFS). The Office/Department within the Oregon National Guard (representing both the Oregon Army and Air National Guard) that oversees the benefit, resource, and service outreach and coordination between provider and user for Oregon National Guard Service Members, veterans, and their families. Program include, but are not limited to, all Family Programs, i.e. Child and Youth Program, Airman and Family Readiness Programs, Survivor Outreach), Transition Programs (i.e. Yellow Ribbon Reintegration Program, Employer Support to the Guard and Reserve, Transition Assistance Programs, and Wellness Programs (i.e. Risk and Resiliency Programs, Star Behavioral Health Providers). The ORNG strives to support all branches and components within the State of Oregon. 2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property. 2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards. 2.1.10. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used by the Government for surveillance of contractor performance. 2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.12. QUALITY CONTROL PLAN (QCP). The contractor's written document specifying necessary measures to be taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. 2.1.13. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor. 2.1.14. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. 2.1.15. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise. 2.1.16. VETERAN. Is defined as any person who has served in the United States Armed Forces under T10, who has been generally or honorably discharged, and who presents an official and duly executed DD214 proving the same 2.2. ACRONYMS: ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation BC SMFS Branch Chief, Service Member and Family Support CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial Off the Shelf DA Department of the Army DBC SMFS Deputy Branch Chief, Service Member and Family Support DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 JFSAP Joint Family Support Assistance Program KO Contracting Officer MACOM Major Commands NGB National Guard Bureau OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs ORNG Oregon National Guard PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan SMFS Service Member and Family Support TA Trusted Agent TE Technical Exhibit PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3. GOVERNMENT FURNISHED ITEMS AND SERVICES: 3.1. Services: None 3.2 Facilities: The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment. 3.2.1 Facility Access: Unscheduled gate closures by Installation Security Office may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Labor hour and Time & Materials employees are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. The award of this contract does not create a right for any individual contractor employee to have access to any installation. Any moving violation of any applicable regulation may result in the termination of the contractor employee's installation driving privileges. 3.2.2 Facility Protocols: The contractor, its employees, and subcontractors shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper identification with them at all times. The contractor shall be responsible for compliance with all regulations and orders of the installation; respecting identification of employees, movements on installation, parking, truck entry, and all other installation regulations, which may affect the work. 3.3 Utilities: The Government will provide all utilities in the facility for the contractor's use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, such as turning off the water faucets or valves after using the required amount. 3.4 Equipment: The Government will provide access to a scanner, copier, fax machine, printers, and unclassified storage necessary for the performance of day to day services. The government will also provide the following items, without charge, in support of the requirement: Equipment Type Serial Number Mobile Device TBD 3.5 Materials: The Government will provide the contractor with access to all existing and relevant Standard Operating Procedures and Policies associated with the required services. PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this task order that are not listed under Section 3 of this PWS. 4.2 Facility Clearance: None PART 5 SPECIFIC TASKS 5. SPECIFIC TASKS: 5.1. Basic Services. The following technical specifications are provided to demonstrate the task environment in which the service will be delivered. The following specifications are not directives on how the services are to be provided but an example of what will be required to successfully support the order objective. The contractor is encouraged to surpass the minimal technical specifications as well as demonstrate technical, operational, and administrative expertise to support the customer in exceeding organizational and departmental objectives. All plans information developed, reports and programs shall be reviewed and approved by the Branch Chief Service Member and Family Support (BC SMFS), Deputy Branch Chief Service Member and Family Support (DBC SMFS) or designated Government Official prior to release / use. Core work hours are from 0800 to 1700 Monday - Friday. 5.2 Reserved 5.3. Branch Chief, ORNG SFMS. The Branch Chief, ORNG SMFS is the Senior Federal Manager for the ORNG SMFS office. 5.3.1 Deputy Branch Chief, ORNG SMFS. The Deputy Branch Chief is a Federal Manager for the ORNG SMFS office. 5.3.2 ORNG SMFS Office/Branch. The ORNG SMFS Office and/or Branch refers to the programs and offices under the Director, ORNG SMFS control. This branch falls within the Human Resources Office, Joint Forces Headquarters, Oregon National Guard. 5.4 Technical Specifications: The following technical specifications are provided to demonstrate the task environment in which the services will be delivered. The following specifications are not directives on how the services are to be provided but an example of what is required to successfully support the task order objective. The contractor is encouraged to surpass the minimal technical specifications as well as demonstrate technical, operational, and administrative expertise to support the customer in exceeding organizational and departmental objectives. This service shall provide direct coordination and liaison services with the BC SMFS/DBC SMFS, ORNG leadership located at Joint Forces Headquarters (JFHQ) - OR, Unit Commanders and the community as appropriate to execute marketing plans to reach targets from brand awareness to service promotion. Note: All plans, reports, and programs changes/updates shall be reviewed and approved by a government official prior to release or any action by the contractor. 5.4.1 Develop Media/Marketing Strategies: 5.4.1.1 Develop marketing plans that will reach our target audience of all branches and components of Service Member and their families residing or serving within the State of Oregon; analyze market segments to place resources in best possible locations. Strategies that will increase the overall visibility of social networking platforms for usage by all branches and components located within Oregon and families of all branches and components residing in Oregon. 5.4.1.2 Assist in developing and promotion of SMFS brand awareness focusing on available services and benefits available to Service Members, veterans and their families of all branches and components through the use of traditional media outlets as well as social media platforms. 5.4.1.3 Apprise ORNG SMFS Directorate of available marketing strategy outputs to execute marketing initiatives; assist in content development and optimization to reach target audiences. 5.4.1.4 Support and facilitate the implementation and progress of marketing plans/ initiatives targeted for federal and state military services and benefits. 5.4.1.5 Create, develop, and employ custom graphic design elements to be used on all social media platforms that ORNG SMFS manages. 5.4.1.6 ORNG SMFS websites shall be maintained and updated regularly. Information to be updated includes, but is not limited to: ORNG SMFS Event Calendars, Job/Career Resources and Postings, Event Notices and Attendance Tracking, Veteran Services and Benefits Awareness, Connections to other State and Federal Veteran Services Networks, and other items as needed. 5.4.2 Marketing Plans and Outputs: 5.4.2.1 Development, implementation, and maintenance of Social Media outlets relevant to SMFS. This may include different web sites and applications specific to individual ORNG SMFS Programs. 5.4.2.2 Maintenance and improvements to ORNG SMFS website as needed to ensure soundness and functionality. Colors and imagery to reflect ORNG SMFS brand and interface needs to encourage visitors to take a desired action. 5.4.2.3 Will be the primary source for maintaining and publishing the monthly ORNG Service Member and Family Support newsletter with collaboration from all veteran/military support services within the ORNG while also incorporating other State and Federal sources. 5.4.2.4 Provides input to ORNG SMFS leadership on the budget execution plan for effectiveness of the advertising programs and marketing initiatives based on market research conducted 5.4.2.5 Coordinates with NGB, ORNG Public Affairs Office, and the Oregon Military Department on the development and distribution of ORNG SMFS marketing materials. 5.4.3 Conduct Program Analysis and Maintain Production Results: 5.4.3.1 Collect and analyze metric data derived from official databases and various published studies and reports to analyze market trends to use as a basis for proposing future advertising and marketing strategies and initiatives. 5.4.3.2 Prepare Marketing and Advertising plan reports, graphs, charts; manage databases, reports and maintain records depicting current and future Marketing and Advertising planning goals/objectives. 5.4.3.3 Evaluate ORNG SMFS marketing program performance against stated goals by compiling, organizing, and analyzing data and assisting in the development of trend analysis, return on investment (ROI). 5.4.3.4 Coordinate with ORNG SMFS staff to obtain feedback on advertising and marketing programs from leaders across all branches and components of units within Oregon. Solicitation of this information will be through multiple sources, to include the development of After Action Reviews. 5.4.3.5 Analyze return on investment (ROI) from all ORNG SMFS Programs marketing and advertising programs, including internet, print, and media programs to identify trends and marketing initiatives that are most effective meeting marketing/ media goals. 5.4.3.6 Implement a process that effectively and efficiently tracks and reports the status of the key indicators and that measure progress toward the established goals. 5.4.3.7 Provide reports, presentations, briefings, and ideas that capitalize on new and emerging growth and recruiting opportunities for Oregon Veterans programs. 5.4.3.8 Conduct focus groups with target audiences. 5.4.4 Develop and Manage Advertising Programs and Promotional Support: 5.4.4.1 Implement Government approved plan and execute advertising programs that support all special events. 5.4.4.2 Explore new methods to more effectively and efficiently market Service Member, veteran and their family's resources to all branches and components, when applicable. 5.4.4.3 Develop and implement advertising and marketing programs and partnerships that support the mission of the ORNG SMFS Office. This may include development and design of custom artwork to assist branding an all branches/components resource in Oregon. 5.4.4.4 Manage projects and pre-press stages through to actual print and distribution. 5.4.4.5 Draft press releases for government review and approval of media distribution in relation to ORNG SMFS achievements. &emsp; PART 6 Reporting Requirements 6. ROUTINE REPORTING REQUIREMENTS 6.1 Monthly Hour / Expense Reporting. The contractor shall provide accurate, complete reporting data with all receipts and logs within 5 business days of the end of each month 6.2 CONTRACTOR MANPOWER REPORTING (CMR). The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Oregon National Guard (Army National Guard), UIC: W8BAAA via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil. PART 7 APPLICABLE PUBLICATIONS AND REGULATIONS 7. APPLICABLE PUBLICATIONS AND REGULATIONS 7.1. Adherence to Polices and Regulations. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures to include all applicable Federal, state and local statutes, ordinances, laws and regulations (including Executive Orders of the President). 7.2 Federal and State Requirements. The contractor shall to observe and comply with all applicable state and federal requirements regarding social security, workman's compensation, unemployment insurance, and any other matters concerning employment applicable to the performance of this task order or rules, regulations, directions and orders not inconsistent herewith as may be issued by the Government. 7.3 References. Manuals, texts, briefs, and other materials, including the following, associated with the hardware/software and mission areas noted in this PWS will be provided to the contractor upon request. 7.3.1 AR 350-1 (Army Training and Leadership Development) 7.3.2 DoD Directive (DoDD) 6495.01 7.3.3 DoD Instruction (DoDI) 6495.02 7.3.4 AR600-20 Chapter 8 and AFI 36-6001 7.3.5 Army Civilian Training Education and Development System (ACTEDS) 7.3.6 Doctrine and Training Publications (Various) AR 350-52 Army Training Support System, AR 350-9 Overseas Deployment Training and DAPAM 350-58 Army Leader Development Program 7.3.7 AR 600-70 (Army Writing Program) 7.3.8 AR 600-76 (Organizational Effectiveness Activities & Training) WAGE DETERMINATION: WD 15-5573 (Rev.-1) was first posted on www.wdol.gov on 01/17/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5573 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Revision: 01/12/2017 _______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ State: Oregon Area: Oregon Counties of Marion, Polk ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.40 01012 - Accounting Clerk II 16.17 01013 - Accounting Clerk III 19.91 01020 - Administrative Assistant 21.67 01035 - Court Reporter 19.88 01041 - Customer Service Representative I 12.10 01042 - Customer Service Representative II 13.61 01043 - Customer Service Representative III 14.84 01051 - Data Entry Operator I 13.02 01052 - Data Entry Operator II 14.28 01060 - Dispatcher, Motor Vehicle 20.68 01070 - Document Preparation Clerk 13.75 01090 - Duplicating Machine Operator 13.75 01111 - General Clerk I 12.67 01112 - General Clerk II 13.82 01113 - General Clerk III 17.33 01120 - Housing Referral Assistant 20.42 01141 - Messenger Courier 15.03 01191 - Order Clerk I 14.30 01192 - Order Clerk II 15.59 01261 - Personnel Assistant (Employment) I 15.71 01262 - Personnel Assistant (Employment) II 19.59 01263 - Personnel Assistant (Employment) III 20.55 01270 - Production Control Clerk 20.55 01290 - Rental Clerk 15.98 01300 - Scheduler, Maintenance 16.38 01311 - Secretary I 16.38 01312 - Secretary II 18.32 01313 - Secretary III 20.42 01320 - Service Order Dispatcher 18.49 01410 - Supply Technician 22.62 01420 - Survey Worker 19.88 01460 - Switchboard Operator/Receptionist 14.41 01531 - Travel Clerk I 13.60 01532 - Travel Clerk II 16.64 01533 - Travel Clerk III 15.93 01611 - Word Processor I 14.12 01612 - Word Processor II 15.86 01613 - Word Processor III 19.59 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.98 13012 - Exhibits Specialist II 26.00 13013 - Exhibits Specialist III 31.53 13041 - Illustrator I 20.19 13042 - Illustrator II 25.01 13043 - Illustrator III 30.59 13047 - Librarian 28.75 13050 - Library Aide/Clerk 13.53 13054 - Library Information Technology Systems 25.96 Administrator 13058 - Library Technician 17.07 13061 - Media Specialist I 18.74 13062 - Media Specialist II 20.97 13063 - Media Specialist III 23.36 13071 - Photographer I 16.64 13072 - Photographer II 18.61 13073 - Photographer III 23.06 13074 - Photographer IV 28.20 13075 - Photographer V 34.12 13090 - Technical Order Library Clerk 15.59 13110 - Video Teleconference Technician 18.76 14000 - Information Technology Occupations 14041 - Computer Operator I 16.61 14042 - Computer Operator II 18.58 14043 - Computer Operator III 20.71 14044 - Computer Operator IV 23.01 14045 - Computer Operator V 25.49 14071 - Computer Programmer I (see 1) 21.01 14072 - Computer Programmer II (see 1) 26.04 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 16.61 14160 - Personal Computer Support Technician 23.01 14170 - System Support Specialist 27.78 24000 - Personal Needs Occupations 24550 - Case Manager 15.41 24570 - Child Care Attendant 10.95 24580 - Child Care Center Clerk 14.34 24610 - Chore Aide 10.91 24620 - Family Readiness And Support Services 15.41 Coordinator 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.61 99030 - Cashier 12.12 99050 - Desk Clerk 11.50 99095 - Embalmer 27.05 99130 - Flight Follower 24.76 99251 - Laboratory Animal Caretaker I 12.31 99252 - Laboratory Animal Caretaker II 13.21 99260 - Marketing Analyst 27.42 99310 - Mortician 27.05 99410 - Pest Controller 17.26 99510 - Photofinishing Worker 14.81 99710 - Recycling Laborer 21.33 99711 - Recycling Specialist 25.00 99730 - Refuse Collector 19.43 99810 - Sales Clerk 13.43 99820 - School Crossing Guard 14.42 99830 - Survey Party Chief 28.66 99831 - Surveying Aide 16.90 99832 - Surveying Technician 23.14 99840 - Vending Machine Attendant 18.30 99841 - Vending Machine Repairer 21.60 99842 - Vending Machine Repairer Helper 18.63 ____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)). Provisions and Clauses NOTE: These are Required Informal Solicitation provisions and clauses, additional ones may be added at award pertaining to the individual contract. Incorporated by Reference (IBR) FAR 52.204-7, Systems for Award Management. FAR 52.204-9, Personal Identity Verification of Contractor Personnel FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations FAR 52.212-1, Instructions to Offerors-Commercial. FAR 52.212-2 -- Evaluation -- Commercial Items. (added) FAR 52.212-3, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM). FAR 52.219-6, Notice of Total Small Business Set-Aside. FAR 52.219-28, Post Award Small Business Representation. FAR 52.222-3 Convict Labor FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-36, Equal Opportunity for Workers with Disabilities. FAR 52.222-41, Service Contract Act of 1965. FAR 52.222-50, Combating Trafficking in Persons. FAR 52.222-55, Minimum Wages Under Executive Order 13658. FAR 52.223-5 Pollution Prevention and Right to Know Information. FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving. FAR 52.225-13, Restrictions on Certain Foreign Purchases. FAR 52.228-5, Insurance-Work on a government Installation. FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors FAR 52.233-3, Protest after Award FAR 52.233-4, Applicable Law for breach of Contract Claim. FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation. FAR 52.253-1, Computer Generated Forms (when contractor is required to submit data). DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights. DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials. DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls. DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252-225.7001, BAA - Balance of Payments Program. DFARS 252.225-7002, Qualifying Country Sources as Subcontractors. DFARS 252.225-7012, Preference for Certain Domestic Commodities. DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010, Levies on Contract Payments DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.246-7000, Material Inspection and Receiving Report. DFARS 252.247-7023, Transportation of Supplies by Sea, Alternate III. DFARS 252.215-7008, Only One Offer. DFARS 252.232-7006, Wide Area Workflow Payment Instructions. (This should be full text, included at time of award) Full Text (FT) 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (Jan 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended 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 only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (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: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (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). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (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)). ___ (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)). ___ (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). ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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 will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ___ (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. ___ (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. ___ (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). ___ (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). ___ (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: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (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 will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, 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. (End of Clause) 52.222-42 -- Statement of Equivalent Rates for Federal Hires. As prescribed in 22.1006(b), insert the following clause: Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. Employee Class Monetary Wage -- Fringe Benefits 99260 Marketing Analyst GS 8 equivalent or $22.96 (End of Clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Sep 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of Clause) 52.252-6 -- Authorized Deviations in Clauses. (a) The use in this solicitation or contract of any Federal Acquisition Regulation FAR (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combo (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. n/a (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC HQ0670 Issue By DoDAAC W912JV Admin DoDAAC W912JV Inspect By DoDAAC N/A Ship To Code W90KNA Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) W90KNA Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A -------------------------------------------------------------------------------------------- (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system to. Financial Technician for USPFO Mrs. Lorie Simons Phone: 503-584-3986 or Email: lorrie.e.simons.civ@mail.mil; (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact for USPFO below. NOTE: Please also send Invoices to LTC Phillip Chik at Phillip.l.chik2.mil@mail.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) This announcement is the solicitation which will result in a firm fixed-price contract. Point of Contact: Offerors can submit their proposal any time before the due date and time to: Phillip Chik at phillip.l.chik2.mil@mail.mil
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