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Babu Dev
requestforproposal..pdf
FORM DLA Standard Form 1449 (EG) (10-95) / Prescribed by GSA FAR (48CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
Page 1 of 73
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE:
4. ORDER NUMBER
5. SOLICITATION NUMBER: SP4701-18-R-0020
6. SOLICITATION ISSUE DATE 2/22/18
7. FOR SOLICITATION INFORMATION CALL:
Michelle Matrone
b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/TIME 3/22/18 5:00 PM EST
9. ISSUED BY: CODE: SP4701 DLA Contracting Services Office-Philadelphia 700 Robbins Avenue Philadelphia, PA 19111 Attn: Michelle Matrone (215) 737-2699 [email protected]
10. THIS ACQUISITION IS [ ] UNRESTRICTED [ x ] SET ASIDE:_____ FOR [ ] SMALL BUSINESS [ ] SMALL DISADV. BUSINESS [ X ] 8A NAICS: 541611 SIZE STANDARD:$15M
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED: [ ] SEE SCHEDULE
12. DISCOUNT TERMS Net 30 Days
[ ] 13A. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13B. RATING
14. THIS ACQUISITION IS [ ] RFQ [ ] IFB [X ] RFP
15. DELIVER TO: CODE |__
ADMINISTERED BY: CODE: |___________ SAME AS BLOCK 9
17a. CONTRACTOR/ CODE: [ ]| FACILITY |__________ OFFEROR: CODE
18a PAYMENT WILL BE MADE BY CODE: |____
[ ] 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK BELOW IS CHECKED [ ] SEE ADDENDUM
19. ITEM NO.
20. SCNEDULE OF SUPPLIES/SERVICES
21. QUANTITY
22. UNIT
23. UNIT PRICE
24. AMOUNT
DLA R&D Program Management (see below for details)
25. ACCOUNTING AND APPROPRIATION DATA:
26. TOTAL AWARD AMOUNT (For Gov't. Use Only):
[X] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA [ ] ARE [X] ARE NOT ATTACHED. [ ] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA [ ] ARE [ ] ARE NOT ATTACHED.
28. [ ] CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ONE_______ COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. [ ] AWARD OF CONTRACT: REFERENCE _____________________________ OFFER DATED _________________________ . YOUR OFFER ON SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHARGES WHICH ARE SET FORTH HEREIN.
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Michelle A. Matrone
31c. DATE SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN [ ] RECEIVED [ ] INSPECTED [ ] ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR
PARTIAL FINAL
36. PAYMENT [ ] COMPLETE [ ] PARTIAL [ ] FINAL
37. CHECK NUMBER
32b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 38. S/R ACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40. PAID BY
42a. RECEIVED BY (Print)
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE SIGNED 42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD)
SP4701-18-R-0020 Page 2
Caution Notices
CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010) DLA CONTRACTING SERVICES OFFICE - PHILADELPHIA FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733) If this solicitation or contract includes FAR clause 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the solicitation or contract, the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States code or any violations of the False Claims Act. (31 U.S.C. 3729-3733)
*IMPORTANT* Any technical questions, requests for clarification, or requests for data in connection with this RFP must be submitted in writing on or before March 2, 2018 at 1:00 PM EST to allow DLA adequate time to provide respond to the questions submitted. Answers to the questions will be posted as an amendment. The closing date for the RFP is March 22, 2018 5:00 PM EST. The RFP will be open for a total of 30 days with a firm closing date. Please direct any questions or proposal submissions via email to the Contracting Officer and Contract Specialist shown below. Vendors are required to follow-up via email to ensure their questions and proposal submissions have been received if a response is not given within 24 hours, as there are server time delays, which may cause the submission to be late. Contracting Officer Michelle Matrone DLA Contracting Services Office Philadelphia 700 Robbins Avenue Philadelphia, PA 19111-5092 E-Mail: [email protected] Contract Specialist: Nina DiPlacido DLA Contracting Services Office Philadelphia 700 Robbins Avenue Philadelphia, PA 19111-5092 E-Mail: [email protected]
SP4701-18-R-0020 Page 3
SECTION 1: Request for Proposal Introduction The objective of this project is to provide support to the Defense Logistics Agency Research and Development (R&D) Program Office to assist them to effectively accomplish the R&D Program Office mission and objectives. Support services include HQ DLA R&D Strategic Planning and Programming Support, DLA R&D Program’ Office Support and R&D Financial Management Support. Description of Supplies/Services Base Period:
CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 0001 *PMO Support
Firm Fixed Price O&M Funds; Tasks 1-6
12 MO
0002 *Technical PM Support Firm Fixed Price RDT&E Funds; Task 7
12 MO
0003 *Technical PM Support Firm Fixed Price RDT&E Funds; Optional Task 7
12 MO
0004 Base Period Travel Time & Material Not To Exceed Ceiling
1 EA $49,248.73 $49,248.73
0005 Base Period ODCs Time & Material Not To Exceed Ceiling
1 EA $3,000.00 $3,000.00
TOTAL BASE PERIOD PRICE:
Option Period 1:
CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1001 *PMO Support
Firm Fixed Price O&M Funds; Tasks 1-6
12 MO
1002 *Technical PM Support Firm Fixed Price RDT&E Funds; Task 7
12 MO
1003 *Technical PM Support Firm Fixed Price RDT&E Funds; Optional Task 7
12 MO
1004 Travel Time & Material Not To Exceed Ceiling
1 EA $50,233.71 $50,233.71
1005 ODCs Time & Material Not To Exceed Ceiling
1 EA $3,060.00 $3,060.00
TOTAL OPTION PERIOD 1 PRICE:
SP4701-18-R-0020 Page 4
Option Period 2:
CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 2001 *PMO Support
Firm Fixed Price O&M Funds; Tasks 1-6
12 MO
2002 *Technical PM Support Firm Fixed Price RDT&E Funds; Task 7
12 MO
2003 *Technical PM Support Firm Fixed Price RDT&E Funds; Optional Task 7
12 MO
2004 Travel Time & Material Not To Exceed Ceiling
1 EA $51,238.38 $51,238.38
2005 ODCs Time & Material Not To Exceed Ceiling
1 EA $3,121.20 $3,121.20
TOTAL OPTION PERIOD 2 PRICE:
*NOTE: Please fill out the above fields and attach full CLIN structure to proposal submission. The above CLIN structure is subject to change at contract award. INVOICING AND PAYMENT SCHEDULE: The Contractor shall invoice no more frequently then MONTHLY. Travel charges, if any, must contain location and dates, and items must be identified by subject; e.g. meals, rental car, and airfare. The invoice should include the specific line items performed on and accepted, and associated performance payments being invoiced for the month. Other invoice requirements are set forth in FAR 52.232-25 and DFARS 252.232-7003. Contractor shall use the program Wide Area Work Flow-Receipt and Acceptance (WAWF-RA) for Memo of Shipments (MS). WAWF-RA is a web-enabled application that allows contractors to create and send electronic MS receiving reports and/or invoices to government inspectors/acceptors for approval, thereby eliminating paper distribution of MS. Invoices for goods received or services rendered under this contract shall be submitted by the contractor for approval into WAWF no earlier than the 10th business day of every month. Invoices shall be submitted to Acceptor DoDAAC SL4730 for acceptance. Within seven days of the receipt of the invoice, the COR will review for accuracy, verifying services, supplies, and travel. Inaccurate invoices will be returned to the contractor within seven days for correction. Period of Performance The planned period of performance shall be a base period of one year and two 12-month option periods. The estimated start and end dates are as follows:
Base Period 4/15/2018 4/14/2019 Option Period 1 4/15/2019 4/14/2020 Option Period 2 4/15/2020 4/14/2021
SP4701-18-R-0020 Page 5
Section 2: PERFORMANCE WORK STATEMENT 2.1 BACKGROUND
The Defense Logistics Agency (DLA) is the Department of Defense’s (DoD’s) largest logistics combat support agency, providing worldwide logistics support in both peacetime and wartime to the military services as well as several civilian agencies and foreign countries. The DLA Research and Development (R&D) program supports the DLA mission and is organized around strategic focus areas funded through two program elements: 1) Logistics R&D, and 2) Manufacturing Technology. The Logistics R&D program element is focused on internal DLA Processes and the Manufacturing Technology (ManTech) program element focuses on improving the Defense Industrial Base. The R&D program supports DLA’s six major subordinate commands: DLA Troop Support; DLA Energy; DLA Land and Maritime; DLA Aviation; DLA Disposition; and DLA Distribution. The R&D program also supports the Defense Logistics Information Service. Additionally, the DLA R&D program executes the Small Business Innovation Research program element which consists of Small Business Innovative Research (SBIR), Small Business Technology Transfer (STTR); and the Rapid Innovation Fund (RIF), program element, to execute contracts with innovative small businesses to perform research and development work for DLA and DoD. This support is provided under Tasks 1-7 as detailed below. The Engineering and Technical Services support Division provides services supporting design, development, testing, system administration, operation support and sharing best practices across the DLA Enterprise. This support is provided by Task 8 as detailed below.
2.2 SCOPE The selected contractor shall not perform “inherently governmental” functions, but will only perform analysis and prepare materials and documentation for the government employees who do perform them. The functions included in this PWS are expressly described in FAR 7.503(d). This Performance Work Statement (PWS) is comprised of support for two overarching functions: DLA Advanced Technology Development R&D Program and the Engineering and Technical Services Support Division. The scope of the DLA Advanced Technology Development R&D Program is composed of two elements: Headquarters Support – those corporate functions performed for the overall R&D program (funded through O&M appropriations) and the technical Program Manager Support – the functions performed by specific Technical R&D Program managers, for one or more discrete technical projects, (funded the R&D funding). The scope for Engineering Services and Technical Support is for effort to directly support the Chief of Engineering Services and to provide Technical Support (Task 8). This task is
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funded with Operations and Maintenance (O&M) or Defense Working Capital Funds (DWCF) as appropriate.
Contract Deliverables TASK 1 – Project Plan Development TASK 2 – R&D Program Office Support TASK 3 – Financial Execution TASK 4 – Audit Readiness TASK 5 – R&D Records Management Related
Requirements TASK 6 – Knowledge Management Portal
Sustainment TASK 7 – Technical Program Manager Support TASK 8 – Engineering Services and Technical
Support 2.3 TASK REQUIREMENTS
NOTE: Tasks 1 through 6 are funded with Operations and Maintenance appropriations. This is required to comply with the DOD Financial Management Regulation.
The vendor will be required to perform tasks such as the following: 2.3.1 TASK 1 - Project Plan Development
The offeror will be responsible for general administrative functions directly associated with reporting and managing its performance on the resultant contract. Every quarter, the offeror shall document progress to date, including identifying any issues; listing milestones achieved and due during the next quarter; and financial status.
• Maintain a Plan of Action and Milestones (POA&M) of current tasks in coordination with the R&D Government Contracting Officer’s Representative (COR) to refine tasks, activities, deliverables, and timeline for the overall project and tasks. Preparation of monthly updates to DLA R&D that include current task specific and overall project information regarding the status of milestones, financial information, monitoring of risk, concerns/issues, and travel.
• Identify and prioritize potential risks in coordination with COR and develop risk management strategies, as appropriate.
• Routinely monitor risk management strategies to prevent adverse effects to cost, schedule, and performance.
Deliverable 1: Project Plan and Schedule Estimated Time: Two (2) weeks after contract award. Deliverable 2: IPR briefings as requested Estimated Time: Monthly Deliverable 3: Monthly Status Report, including Contract Funds Status Report Estimated Time: Monthly after approval of Project plan.
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2.3.2 TASK 2 – DLA R&D Headquarters Support Application of specialized knowledge of R&D management, DLA processes, and the ManTech and SBIP program. These tasks provide technical analysis and supporting materials for HQ R&D management tasks to include the following: Assist in the preparation of documents such as project charters, project technical and financial review plans, stakeholder updates, risk management documentation, transition plans, and briefings. Plan technical and management meetings. Track the progress of contract actions and consolidate program manager weekly updates. Recommend operational improvements to R&D management and governance processes. Provide technical information to support analysis of R&D operational policy recommendations and operational processes. This tasking requires that the contractor shall have and maintain a high degree of understanding of state-of-the-art manufacturing technologies, technology transfer, and SBIR/STTR commercialization. Support the DLA Logistics R&D Program Office by assisting in developing and updating documents and processes that allow the PMO to maintain current knowledge on the status of funds on all contracts executed under the R&D Program Office’s purview. This support is required due to the audit readiness and Office of the Under Secretary Defense (OUSD) (comptroller) requirements now in place. Provide support and documentation to DLA R&D staff to help staff ensure cost, schedule, and performance targets are met on DLA-funded projects managed by the Military Departments and other non-DLA organizations. Assist the DLA R&D Program Office Director with materials for outreach, interfacing, event planning, information sharing, project selection, and funding management for use with ManTech Program Directors at other services and agencies through the Joint Defense Manufacturing Technology Panel (JDMTP). The vendor will assist in maintaining, managing, and supporting the development, maintenance, and promulgation of outreach materials describing DLA R&D efforts, as follows:
R&D PMO and its DLA stakeholders, which include J-3 (Operations), J-6 (IT), J-7 (Acquisition), J-8 (Finance), and all DLA field activities. The vendor will assist with the dissemination of technical R&D information to the DLA stakeholders, to include R&D project scientific and technical reports. Assist and support DLA R&D Program Managers with outreach activities including technical project reviews, In Process Reviews (IPRs), and knowledge sharing events, to include JDMTP monthly meetings and semiannual R&D program office meetings, briefings, and DMC presentations of DLA Supply Chain participation and results from DLA R&D efforts. Assist in the development of technology roadmap formats for DLA R&D Strategic Focus Areas and programs as required.
Deliverable 1: Monthly Status Report Deliverable 2: Presentation material and strategic communication documents
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2.3.3 TASK 3 – Financial Execution Task 3 Personnel must have experience working with the DLA Enterprise Business System (EBS) financial management sub-systems, including eProcurement; Wide Area Workflow (WAWF)/Invoicing Receipt Acceptance and Property Transfer (iRAPT) suite including myInvoice and Electronic Document Access (EDA), eWorkplace / R&D Planning and Execution Knowledge Management Portal to accomplish budgeting/funding support, and assist in the preparation of funding documents (Military Interdepartmental Purchase Request (MIPRs)/Direct Fund Citation Letter (DFCLs), and recording financial transactions that meet the legal and regulatory requirements for budget execution.
Assist in the preparation of the financial reports and documentation on day-to-day control and management of formulation, execution, and/or analysis of the budget and funding requirements. The vendor will be provided existing materials and other pertinent information by the COR and will develop and/or update the briefing materials. Assist in the preparation of documents that summarize funding requests from R&D stakeholders related to budgeting and financial related information. Assist in the preparation of reports that analyze and review the budget against OSD financial performance metrics. Prepare documentation needed for budget formulation work including review and preparation of budget estimates and financial plans. Assist in the preparation of plans for monitoring budget execution and administration activities involving obligations incurred and the actual expenditures of funds. Use the established DLA financial management systems, R&D KM Portal, Enterprise Business System (EBS) eProcurement, Wide Area Workflow (WAWF)/Invoicing Receipt Acceptance and Property Transfer (iRAPT) suite including myInvoice and Electronic Document Access (EDA) to accomplish budgeting/funding support. Assist in the preparation of documentation recording financial transactions that meet the legal and regulatory requirements for budget execution and planning. Participate in specialized training and security requirements to maintain proficiency and access to DLA financial systems (e.g. EBS, eProcurement, etc.).
Deliverable: Completed funding documentation
Monthly Status Report. Estimated Time: Monthly after project plan approval. 2.3.4 TASK 4 - Audit Sustainment
Assist with the maintenance of all Standard Operating Procedures (SOP) documentation related to the R&D Program’s planning and financial execution processes. Store this documentation on both the R&D program’s KM Portal on eWorkplace, and the Agency’s Audit Readiness or Records Management site, as needed or required. Recommend changes to SOP documents as needed to comply with changed or new audit readiness requirements Assist with the placement of the most current SOPs on the relevant DLA/DOD document management systems
SP4701-18-R-0020 Page 9
Deliverable: Monthly IPR Briefings Draft SOPs
Estimated Time: Monthly after project plan approval. 2.3.5 TASK 5 – R&D Records Management (RM) Related Requirements
The DLA RM Policy requires the R&D Office to use DACS-RM to comply with DLAI 5015.01, DTM 15-13, and DLAM 5015.01 Volume 1 and 2. The RM policy requires specific R&D related documents to be filed, indexed and archived.
As required, collect, assemble, index, scan and file of documents covered by the Records Management Policy including moving records from the KM Portal DACS-RM. Assemble, index and file documents covered by the Records Management Policy on other Records management systems as required by Records Management Policy.
Deliverable: Monthly IPR Briefings Estimated Time: Monthly after project plan approval.
2.3.6 TASK 6 -- Knowledge Management Portal Sustainment R&D Financial Process Integration and Maintenance - The current R&D process includes use of an R&D Knowledge Management (KM) Portal for funds management. The KM portal is a Microsoft Sharepoint Online implementation hosted on DLA Enterprise Infrastructure (eWorkplace). During the period of performance of this contract it is expected to transition from the current environment (Microsoft Sharepoint, eWorkplace) to an Office 365 cloud environment.
Identify opportunities to integrate financial processes across the Financial Management function to minimize manual data entries on the existing R&D KM Portal (Microsoft Sharepoint, eWorkplace). Refine existing financial reports and implementation of new reports to support greater visibility, transparency, and availability of financial and program information Monthly Status Reports (MSR) as follows:
• Document ongoing KM maintenance and user assistance activities.
• Report discrepancies identified in/among each of the existing KM portal major modules: o Monthly Obligation Plans (MOPS)—the time-phased plan of amounts to be
awarded on contract actions, o Contract Action Tracking System (CATS) – the status of each contract action from
initiation of the requirement to award of the contract, and o Financial Execution – the planned and actual obligations and disbursements of
R&D funding. Provide ongoing KM Portal Tool Monitoring, Improvement and Support to sustain the overall capability. Monitoring the KM Portal for issues impacting functionality and day-to- day use. The vendor will submit a Quarterly Report, which will identify issues, proposed fixes and improvements, including recommended priority in reports submitted to the respective DLA R&D program manager for approval. The identified fixes and improvements will be accomplished over the period of performance.
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• Identify data integration opportunities that leverage the KM Portal tool in order to provide users with the tools they need to effectively manage and share information, automate business processes, collaborate, and interact with others
• Report KM Governance procedures, maintenance actions, and Compliance monitoring actions including Document Management, Auditability and Standard Operating Procedure maintenance.
Maintain KM portal technical functionality on the SharePoint 2010 (eWorkplace) site and support planned transition to SharePoint Online (SPO). Current baseline functionality is primarily associated with financial management tracking, contracting actions, and related document management. The vendor is responsible for monitoring the KM Portal daily operations (e.g. technical data links, and existing SharePoint lists) and fixing any problems that degrade site functionality and assist users. Efforts include minor functionality improvements within the current KM portal if needed. The vendor will support planned transition to SPO and document any problems identified that impact the KM portal operations. Efforts include correcting minor problems identified within the current KM portal capability.
2.3.7 TASK 7 – Technical Program Manager Support (NOTE: Task 7 is funded with R&D appropriations. This is required to comply with the DOD Financial Management Regulation). The base level of effort associated with this task is estimated to be 4,500 – 5,000 hours/year for PM support (Defense Logistics Information Research, Strategic Distribution / Disposition, and Military Unique Sustainment Program) for each 12 month period of performance. Optional task support may be exercised for up to 7,000 – 8,000 additional hours per 12 month period of performance based on future requirements after contract award. The task description remains the same for the optional support. While resumes/certifications are not required for the Optional Task 7 at this time, the documents will be required when / if the Optional Task is exercised. Additionally, offerors are required to show in their technical proposal their ability to support the additional requirements. Personnel supporting this Task -- Planning Technical Project Management (Task 7) -- should have a B.S. in engineering or physical sciences and direct experience working in DOD/DLA research and development programs. Experience in the Manufacturing Technology Program is also highly desirable. The R&D Technical program is executed through contracts with external organizations including industry, universities and other Government organizations. There is a Government Program Manager for each technical program. Technical programs within the scope of this effort include, but are not limited to, Additive Manufacturing, Advanced Microcircuit Emulation, Battery Network, Defense Logistics Information Research, Emergent Manufacturing Technology, Energy Readiness Program, Medical Logistics Network, Military Unique Sustainment Technology, Procurement Readiness Optimization Advanced Casting Technology, Procurement Readiness Optimization Forging Advanced Technology, Strategic Distribution & Disposition, Subsistence Network, Supply Chain Management, and Weapon Systems Support.
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Contractor personnel assigned to this task must be familiar with DLA’s supply chains (see background for supply chain list) and the technology/engineering concepts associated with those supply chains. Secondarily, the personnel should have experience in R&D program management and related contract management. The technical tasks within the scope of this contract are not directly associated with the information technology systems used by DLA in daily operations. R&D technical projects’ focus is identifying emerging technologies, investigating the suitability of these technologies to DLA internal operations or the Defense Industrial Base, and maturing the technologies to achieve a low risk implementation. Completed projects are transitioned into production to be managed and funded by the sponsor of the technology development, generally one of the functional directorates (e.g. procurement or technical/quality) or industrial sectors supporting DLA managed items (e.g. castings or electronics). Each Government Program Manager (GPM) will identify their requirement for PM support. The GPM sets the scope and the level of effort required.
Program Manager Support Tasks:
• Assist the PM with developing program and budget documentation
• Assist the PM with developing budget exhibits and other budget advocacy materials (i.e. presentations)
• Assist with preparing draft program plans, presentations and budget documents for DLA R&D programs. These plans will be drafted per directions from the COR and the COR will review all recommendations for government approval.
• Assist the PM with gathering requirements from DLA stakeholders, and capture and communicate stakeholder needs to the R&D Program office throughout the program execution cycles.
• Prepare reports that summarize activities, accomplishments and plans of DLA R&D programs.
• Assist in the preparation of Business Case Analyses (BCA) to support decisions about proposed technological innovations and process improvements. The BCAs must follow Government (OMB) policies, and recognized industry practices. Document BCA findings and results.
• Prepare and document recommendations of alternative approaches to executing DLA’s Congressionally directed R&D programs if congressional added funds are introduced into the R&D budget
• As required, assist with organizing and facilitating meetings or workshops and working group sessions with industry, academia, and/or other Government agencies. These meetings and workshops may:
o Facilitate the prompt identification of emerging logistical or industrial base problems and identify potential solutions.
o May conduct In-Progress Reviews (IPRs) of technical projects.
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o Compile information presented during each meeting/workshop, and produce a report summarizing the meeting and any action items identified during the meeting.
• Use the established DLA financial management systems, R&D Knowledge Management Portal (KM Portal), Enterprise Business System (EBS) and eProcurement to accomplish budgeting/funding support.
Deliverables: Monthly Status Report, Presentation Material, Draft Program Documentation Estimated Time: MSR – Monthly after approval of Program Plan; Presentation Materials, and Program Documentation – As required.
Task 2.3.8 Support for the Engineering and Technical Support Office The contractor shall provide technical support to the Engineering and Technical Support Office. This Task includes the following areas:
a) Assisting with development and maintenance of Engineering and Technical Support Office policies, processes and procedures.
b) Review program lifecycle products and documents, subject to Government direction, review, and approval, including the coordination, review and archival documentation for Engineering and Technical Support Office).
c) Support by providing strategic direction and objectives recommendations for the programs, including development and recommendations of dynamic key business elements such as:
o Technology enhancements o Program organization and communications, functions, staffing o Program schedule updates o Recommend enhancements to risk management, testing, deployment, and training.
d) Develop overarching marketing/public relations plans and assist in the development of program marketing and educational products, as required.
e) Provide support in the preparation of and maintenance of schedules, including activities, constraints, durations, etc. to carry each effort to completion.
f) Support requirements gathering, analysis and implementation of data input forms and web reports for various functions supporting the DLA Investment Portfolio.
g) The contractor shall provide administrative support as requested. Work closely with the Engineering Services and Technical Support chief to accomplish assigned responsibilities. The contractor shall perform the following, or similar, activities as directed:
o Administrative Basic Level Functions - The contractor shall provide administrative basic level support listed below. Assist in preparing reports, memos, letters, and other documents, using word
processing, spreadsheet, database, or presentation software. Conduct research, compile data, and prepare papers for consideration and
presentation by executives, committees and boards of directors. Support the facilitation and usage of Smart boards, multifunction printers,
facsimile machines, and scanners. Receive and process all incoming telephone calls; interact with senior
military and civilian officials on behalf of the Information Operations office. Facilitate communication with staff and external agencies. Maintain calendar and schedules key events (e.g., meetings, conferences,
VTCs).
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Make travel arrangements as requested, and prepare travel vouchers for signature; and provide support to other staff.
Distribute and route incoming material (e.g., mail, packages, direct delivery of staff actions) to appropriate staff.
Refer to a variety of manuals, regulations, established correspondence policies, and software manuals. Use facsimiles, local area network, and Internet communications techniques to obtain information and conduct routine research and coordination of activities.
Prepare and review executive correspondence, reports, and other documents. Ensure that all office correspondence is prepared in the proper format and in
accordance with staffing procedures. Establish and maintain an efficient filing system. Maintain Staff personnel folders documentation, as required. Ensure supplies are on hand to meet executive needs; coordinates for re-
supply. Coordinate reservations and schedules conference rooms to support all
Operation Directors requirements Set up conference rooms for meetings. After meetings, clean-up, and return conference rooms to original condition,
if necessary. Serves as backup to other offices within DLA J6 when necessary. Provide special event coordination and support, as requested.
o Administrative High Level - The contractor shall provide support on all
administrative basic level activities as listed above under Administrative Basic Level Functions as well as the activities described herein. Provide high-level administrative support by conducting research, preparing statistical reports, handling information requests, and performing clerical functions such as preparing correspondence, receiving visitors, arranging conference calls, arranging travel, and scheduling meetings. May also train and supervise lower-level contractor clerical staff within contractor team.
Attend meetings to record minutes. Greet visitors and provide administrative support for meeting requests for
government personnel. Read and analyze incoming memos, submissions, and reports to determine
their significance and plan their distribution. Deliverable: Monthly Status Report Work Products (Presentation Material, Smart Books etc.) 2.4 Contract Quality Assurance Surveillance Plan (QASP) In fulfillment of this effort, the Contractor shall provide the deliverables identified in this section. All deliverables shall be submitted to the Contracting Officer’s Representative (COR) for acceptance unless otherwise directed by the Government. Unless otherwise specified, the Government will review draft deliverables and provide comments back to the contractor or approve or disapprove the deliverable(s). The contractor will have a
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maximum of ten (10) working days from the day comments are received to incorporate all changes and submit the final deliverable to the Government. All days identified are intended to be workdays unless otherwise specified. The format for the individual deliverables will be determined through consultation between the COR and the contractor. The QASP identifies the methods the government will use to measure performance of the service provider against the requirements and performance standards of the PWS. The QASP consists of guidelines for performance surveillance, evaluation, reporting, deficiency notification, and adjustments. 2.4.1 Performance Requirements Summary The tasks the Contractor shall perform are defined in Section 2.3. All deliverables will be submitted to the COR for acceptance unless otherwise agreed upon. The Government will make objective and subjective assessments of the contractor’s performance to determine whether contract performance is acceptable. The contractor is expected to perform all functions in a professional manner and prepare accurate and timely documentation. Progress will normally be tracked based on the milestone event when the contractor receives a specific tasking. Performance may vary with the complexity of the acquisition and/or technical document. It is expected that the documentation and procedures will comply with all major regulatory and process requirements and agency policies and procedures. 2.4.2 Method of Surveillance The Government will ensure quality assurance and timeliness of all tasks via COR Inspections and Customer Feedback. The Government will inspect and evaluate performance of each completed task or deliverable required in the contract PWS. 2.4.2.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR. All deliverables will be inspected for content, completeness, accuracy, legibility and conformance to contract requirements by the COR. At the discretion of the Government, inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in the PWS.
If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within the contract PWS, the document may be immediately rejected without further review and returned to the Contractor for correction and re-submission. If the Contractor requires additional Government guidance to produce an acceptable draft, the Contractor shall arrange a meeting with the COR.
The basis for acceptance shall be compliance with the requirements set forth in this contract PWS, the Contractor's proposal and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses. Reports and document deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the COR have been corrected to the Government’s satisfaction.
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The Contractor shall provide electronic copies of deliverables. Electronic copies shall be delivered via e-mail attachment or other media by mutual agreement of the parties. The electronic copies shall be compatible with the current DLA Microsoft (MS) Office products or other applications as appropriate and mutually agreed to by the parties. The Contractor shall use best commercial practices for formatting deliverables under this contract. If the draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. All of the Government's comments to deliverables must either be incorporated in the succeeding version or the Contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated. 2.4.3 General Acceptance Criteria General quality measures, as set forth below, will be applied to each work product received from the contractor under the resultant contract. These performance measurements are defined as: Quality
• Accuracy – Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.
• Clarity – Work products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.
• Consistency to Requirements – All work products must satisfy the requirements of this Performance Work Statement.
• Format – Work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals. All text and diagrammatic files shall be editable by the Government.
Timeliness
• Work products shall be submitted on or before the due dates determined/specified between the contract COR and contractor or submitted in accordance with a later scheduled date determined by the Government.
2.4.3.1 Fixed Price Performance Based Service Contract Payments The following procedures apply:
a) The contractor shall submit a monthly invoice for 100% monthly amount for each PWS task. As part of the COR’s monthly certification process, the COR will indicate on the invoice submitted the amounts authorized for payment for each task based on the performance measures described herein.
b) The determination for payment will be made in accordance with the procedures set forth
below.
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c) The COR or his/her designated representative will advise the contractor of what the Contracting Officer’s authorized amount of payment will be for each month. The contractor may direct questions on any withholding of a payment to the Contracting Officer.
2.4.3.2 Performance Review and Payments
Below are the Performance Standards that will be used in evaluating performance in determining the amount of the payment owed to the contractor. These Performance Standards apply to the deliverables listed in Section 2.5 and to all performance under this contract PWS.
Overall Performance Ratings Satisfactory – Performance meets or exceeds contractual requirements. The contractual performance reflects some minor problem(s) for which corrective actions taken by the contractor appear or were satisfactory. The COR recommends and the Contracting Officer will make a determination to pay the contractor 100% of the invoice amount. Fair – Performance does not meet some contractual requirements. The contractual performance reflects a minor problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. The minor performance problem(s) do not adversely impact the mission of the Agency. The COR recommends and the Contracting Officer will make a determination to pay the contractor 90% of the invoice amount. Marginal – Performance does not meet some contractual requirements. The contractual performance reflects a serious problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. The COR recommends and the Contracting Officer will make a determination to pay the contractor 80% of the invoice amount. Unsatisfactory – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective. Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result.
Timeliness Satisfactory Meets or exceeds contractual requirements in terms of
timeliness of delivery. The timeliness of contractual performance reflects some minor problem(s) for which corrective actions taken by the contractor appear or were satisfactory.
Fair Does not meet some contractual requirements in terms of timeliness of delivery. The timeliness of contractual performance reflects a minor timeliness problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. The
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minor timeliness problem(s) do not adversely impact the mission of the Agency.
Marginal Does not meet some contractual requirements in terms of timeliness of delivery. The timeliness of contractual performance reflects a serious problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
Unsatisfactory Does not meet most contractual requirements in terms of timeliness of delivery and recovery is not likely in a timely manner. The timeliness of contractual performance contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
Quality Satisfactory Meets or exceeds contractual requirements in terms of
quality of work performed. The quality of contractual performance reflects some minor problem(s) for which corrective actions taken by the contractor appear or were satisfactory.
Fair Does not meet some contractual requirements in terms of quality of work performed. The quality of contractual performance reflects a minor quality problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented. The minor quality problem(s) do not adversely impact the mission of the Agency.
Marginal Does not meet some contractual requirements in terms of quality. The quality of contractual performance reflects a serious problem(s) for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.
Unsatisfactory Does not meet most contractual requirements in terms of quality and recovery is not likely in a timely manner. The quality of contractual performance contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.
Disincentives are applied for ratings of “Fair”, “Marginal”, and “Unsatisfactory” as follows. The percentage listed in the table below will be withheld if given a rating of Fair or Marginal respectively. The vendor must correct the issue, with approval from the Contracting Officer and COR, in order to receive full payment. Once approved, the vendor shall submit an invoice the following month for the full amount.
Satisfactory = 100% payment
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Fair = -10% disincentive Marginal = -20% disincentive Unsatisfactory = Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result.
2.5 Deliverables The Table below identifies the deliverables resulting from the tasks defined in Section 2.3 Task Requirements. All completed deliverables shall be forwarded to the COR/Technical Representative. Contractor shall use best commercial practices for formatting all deliverables under this contract. Electronic copies of all deliverables shall be sent to the COR/Technical Representative via email in Microsoft Office compatible formats. If deliverable exceeds email size limitations, the deliverable shall be sent via Compact Disk (CD). A written monthly status report (in Word format) shall be delivered to the COR/Technical Representative that includes information on problems, items to track, and a list of activities and deliverables completed during the preceding month via email to the COR/Technical Representative.
TABLE 1: DELIVERABLES:
Table 1 identifies the Deliverables resulting from the tasks defined in Section 2.3
Deliverable Deliverable Reference
#
Quantity: No. of
Reports/Data Calls
Deliverable Due Date
Method Of Delivery
Overall Project Plan, Schedule and Reporting Non-Disclosure Agreement for DLA R&D Program Signed by all active support personnel
2.3.1 1 Hard Copy (as appropriate) 1 Soft Copy*
Two weeks after contract award start date. Quarterly updates thereafter
Submit to Contracting Officer, and Representative (COR)
Quality Management Plan (QAP)
2.3.1 1 Hard Copy (as appropriate) 1 Soft Copy*
10 Business Days After Contract Award start date
Submit to Contracting Officer, and COR
In Process Review Briefings
2.3.1 through
2.3.7
1 Hard Copy (as appropriate) 1 Soft Copy*
As required Submit to COR and program manager (as appropriate)
Monthly Status Report (MSR) including funding status of all tasks, and active Common Access Card (CAC) holders
2.3.1 through
2.3.7
1 Hard Copy (as appropriate) 1 Soft Copy*
45 calendar days after contract award, Monthly (NLT 15th day of each month)
Submit to Contracting Officer, and COR
Presentation Material 2.3.2 2.3.7
1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
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Deliverable Deliverable Reference
#
Quantity: No. of
Reports/Data Calls
Deliverable Due Date
Method Of Delivery
Draft Strategic Planning Documentation
2.3.2 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Completed Funding Transactions
2.3.3 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Draft Standard Operation Procedures
2.3.4 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
R&D Documentation appropriately filed IAW with Records Management Policy
2.3.5 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Reported Technical Issues List with status, and, as appropriate, list of proposed minor enhancements
2.3.6 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Presentation Material, Draft Program Documentation
2.3.7 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Program Management Documentation
2.3.7 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Strategic Communication Documents
2.3.7 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Program Management Meeting Support
2.3.7 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
Presentation Material and Work Products
2.3.8 1 Soft Copy* As required and report in MSR.
Upload to R&D KM portal
* Government approved, final draft will be uploaded onto the R&D Planning and Execution
Knowledge Management portal as directed.
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TABLE 2: PERFORMANCE REQUIREMENTS:
Table 2 identifies the Performance Requirements resulting from the Deliverables in Table 1.
Deliverable Title Deliverable Reference
#
Surveillance Method and Performance
Standards
Surveillance Schedule
(Daily, Weekly, Monthly,
Quarterly)
Incentive
Overall Project Plan, Schedule and Reporting
Non-Disclosure Agreement for DLA R&D Program Signed by all active support personnel
2.3.1 100% COR Inspection Performance Standards – see Section 2.4.3.2
Quarterly with Government Technical Monitor and COR; More often as required
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Quality Management Plan (QAP)
2.3.1 100% COR Inspection Performance Standards – see Section 2.4.3.2
As required, Submit to COR and program manager (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
In Process Review Briefings
2.3.1 through
2.3.7
100% COR Inspection Performance Standards – see Section 2.4.3.2
As required, Submit to COR and program manager (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Monthly Status Report (MSR) including funding status of all tasks, and active Common Access Card (CAC) holders
2.3.1 through
2.3.7
100% COR Inspection Performance Standards – see Section 2.4.3.2
Continuous, at least monthly Submit to COR
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Presentation Material 2.3.2 2.3.7
100% COR Inspection Performance Standards – see Section 2.4.3.2
As required, Submit to COR and program manager (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
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Draft Strategic Planning Documentation
2.3.2 100% COR Inspection Performance Standards – see Section 2.4.3.2
Continuous, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Completed Funding Transactions
2.3.3 100% COR Inspection Performance Standards – see Section 2.4.3.2
Monthly and reported in the MSR
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Draft Standard Operation Procedures
2.3.4 100% COR Inspection Performance Standards – see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
R&D Documentation appropriately filed IAW with Records Management Policy
2.3.5 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Reported Technical Issues List with status, and, as appropriate, list of proposed minor enhancements
2.3.6 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Presentation Material,
Draft Program Documentation
2.3.7 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
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2.5.1 Contractor Quality Control Plan (QCP) The contractor shall submit a QCP within 10-business days of contract start date to the COR/Technical Representative. This plan shall describe the contractor’s methodology of compliance with the Deliverables and Performance Requirements Summary outlined above. The COR/Technical Representative will notify the contractor of concurrence or required modifications to the QCP within 10 business days of receipt. The contractor shall make appropriate modifications within 5-business days of the COR/Technical Representative’s notification and provide a revised QCP within 5-business days.
2.6 PERFORMANCE REQUIREMENTS
• There are multiple contractors supporting DLA and other DOD activities who are working on similar or related activities. The contractor shall work with these contractors, as required, to satisfy DLA requirements, goals, and objectives as efficiently and effectively as possible. This may include, but is not limited to, sharing or coordinating information resulting from the work required by this PWS and/or working as a team to perform tasks in concert.
Program Management Documentation
2.3.7 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Strategic Communication Documents
2.3.7 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Program Management Meeting Support
2.3.7 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
Presentation Material and Work Products
2.3.8 100% COR Inspection Performance Standards -see Section 2.4.3.2
As required, Submit to COR or other respective government personnel (as appropriate)
Timeliness and quality ratings to be assigned pursuant to section 2.4.3.2
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• The Contractor shall provide sufficient management to ensure that these tasks are performed efficiently, accurately, on time, and in compliance with the requirements of this document. Specifically, the Contractor shall designate a single manager to oversee these tasks and supervise staff assigned to these tasks. The Contractor shall ensure that a Monthly Progress Report is submitted outlining the expenditures, billings, progress, status, and any problems/ issues encountered in the performance of these tasks.
• In order to ensure a smooth and orderly startup of this contract, it is essential that the key personnel specified in the Contractor's proposal be available on the effective start date of the contract.
• The contractor is expected to minimize employee turnover with respect to personnel performing under this Performance Work Statement. The Contractor shall not remove or replace any personnel designated as "key" personnel, without the prior written notification and approval by the Contracting Officer, although the Government recognizes that the contractor cannot compel any individual to remain under its employ. Written notification of the pending substitution shall be submitted to the Contracting Officer no later than (10) calendar days in advance of any proposed substitution and shall include a resume and justification of the proposed substitution(s) in sufficient detail to permit evaluation of the impact on contract performance. The Government will review the resume(s) and justification to ensure compliance with this clause and other requirements contained in this Performance Work Statement. Any replacement personnel proposed shall, at a minimum, be at least as qualified as the individual being replaced.
• When working at DLA locations, or other Government locations, the contractor shall work the duty hours of that location. The normal Government work hours are between 0730 and 1730 hours local time, with a 30 to 60 minute lunch period, generally 8 hours per day, Monday through Friday, exclusive of Federal holidays. The Government may require the contractor to work longer hours on given days and/or weekends, depending on operational needs and contingencies, (i.e., installation and testing during non-peak hours).
• This contract is a “non-personal services contract” as defined in FAR 37.101. It is, therefore, understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent contractors, not as employees of the Government; (2) shall be responsible for their own management and administration of work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the Government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract requirements.
• Identification Badges / Common Access Card (CAC): Every Contractor employee
(including those of sub-contracts) is required to obtain an identification card badge (ID Card) / Common Access Card (CAC) prior to starting work on this contract. Lost or stolen Contractor employee badges must be reported to security before a replacement ID/CAC
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card will be issued. The Contractor will submit a completed DLAH 1728 and DD FORM 2875 (August 2009) to the COR. The DLAH 1728 (Oct 2004 (EG)) and DD FORM 2875 (August 2009) must filled in using a pdf editor and submitted either via encrypted email or hand carried to the COR. Completed forms CANNOT BE faxed.
The DLAH 1728 (Oct 2004 (EG)) and DD FORM 2875 (August 2009) will be provided by the COR at Contract award. Note: DD FORM 2875 is only required for elevated / privileged systems access. The contractor shall return all government-furnished CAC, Access ID Badges, electronic key cards, and any other government issued passes, e.g., vehicle pass, to the COR within 24 hours of the completion of the contract or upon termination of an individual’s employment, whichever comes first. Contractor personnel failing to return their CAC, Access ID Badges, and electronic key cards are subject to criminal charges under United States Code (USC) Title 18, Chapter 1, Section 499 and 701.
• The Contractor will not employ any person whose employment will violate the requirements of DOD5500.7, Joint Ethics Regulation.
• All Contractor personnel shall observe local policy and procedures provided by the Office of
Information Resources governing the use of computer equipment and passwords. Violations of local policy shall include password sharing, performing personal work, file access violations or browsing files outside the scope of the contract. The Contracting Officer shall adjudicate each case and his/her decision shall be final.
• Where the Government has requested removal of contractor personnel, the contractor will
provide an appropriately trained replacement. Individuals removed from this contract are removed for the duration of the contract. The contractor will notify the COR/Technical Representative within 24 hours when for reasons of personnel resignations, reassignments, terminations, or completion of portions of the contract, or contractor personnel no longer require access to Government computers.
• Contractor personnel are only authorized to attend meetings, town halls, etc., as they relate
to the performance of the tasks outlined in the PWS. 2.6.3 Security 2.6.3.1 Access to Classified and Sensitive Information The provisions listed below apply to the Prime Contractor and any subcontractors the Prime Contractor may employ during the course of this contract. This Project is categorized as unclassified. Contractors are required to comply with the DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) in the handling, protection, and safeguarding of classified information in their possession. Security requirements outside the scope of the NISPOM, if required, will be defined in the accompanying DD Form 254.
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Personnel security investigations conducted for access to classified information will be conducted by the contractor company Facility Security Officer (FSO). 2.6.3.2 IT Level Investigation Requirements Contractor personnel, who perform work on sensitive IT systems or applications will be required to obtain and maintain the appropriate investigation and adjudication or suitability determination commensurate with the information contained within the application or system. Contractor personnel will be assigned to positions which are designated at one of three levels (IT-I, IT-II, IT- III) based on the actions or tasks to be performed. The Contractor shall assure that individuals assigned to the positions of this contract, as determined by the Government, have obtained the proper eligibility as required by DODI 5200.2. The table below defines the labor categories within the contract and the IT-Level position category assigned to each. Note that IT-Level position category designation does not imply or convey access to classified information. Instructions for access to classified information, if necessary, will be included on the DD Form 254 attached to this contract.
Labor Category IT-Level Investigation Requirement Refer to PWS Section 2.6.2 IT-I Tier 5 Refer to PWS Section 2.6.2 IT-II Tier 3 Refer to PWS Section 2.6.2 IT-III Tier 1 DLA requires that all Contractor personnel, assigned to this project shall have attained a favorable outcome to the designated IT investigative requirement assigned to each labor classification and be available to initiate work immediately upon delivery order award. IT-Level position categories are designated based on access to government networks and IT systems and may exceed classified access requirements for this contract. For IT-I, IT–II, and IT-III positions, the required investigation shall be completed or interim access granted for individuals assigned to sensitive duties. The provisions outlined above apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract. In lieu of the correct investigations being completed when contract employees start, a waiver may be submitted if no issues exist within the OPM e-QIP Questionnaire for Public Trust Positions. The Contractor shall have the OPM e-QIP forms filled out, with any other requirements (fingerprints taken and, if required, an OF306), and reviewed by DLA Intelligence before officially hiring any Contractor employee into IT positions. Foreign Nationals are only eligible to perform non-sensitive duties and will not be investigated by the US Government. DLA retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government. The reason for removal shall be documented in writing by the Contracting Officer. When and if such removal occurs, the Contractor shall within a two to four-week timeframe, assign qualified personnel to vacancy(s) thus created regardless of whether the individual was in a key- or non-key personnel position. Current personnel security investigations conducted for access to classified information may satisfy investigation requirements for IT-Level position investigations. All other IT-Level position investigations will be performed by the DLA Personnel Security Office.
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2.6.4 Software The Contractor shall observe all copyright agreements and shall be held liable for any infringement of copyrighted software licensing agreements and shall compensate the appropriate contractor for each instance of copyright violation. In the interest of protecting Government systems from computer viruses, the Contractor shall not use public domain software nor shall Contractor personnel download software from public bulletin boards. The Contractor shall use only COTS, Contractor-developed, or Government-furnished software in performance of this statement of work. The Contractor shall use the Microsoft Office suite of software for preparation of all documentation required in the delivery order. Should the introduction of a computer virus or malicious destruction of computer software, stored information, or hardware result from the use of public domain software or from software taken from a public bulletin board, the Contractor shall be required to repair the damage at no expense to the Government and without impact on delivery schedules or daily operation. 2.6.5 Data Use, Disclosure of Information and Handling of Sensitive Information (including Personally Identifiable Information) The contractor will maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The contractor will provide information only to employees, Contractors, and subcontractors having a need to know such information in the performance of their duties for this project.
Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer. Contractor personnel will be required to sign a non-disclosure statement.
If proprietary information is provided to the contractor for use in performance or administration of this effort, the contractor may not use such information for any other purpose except with the written permission of the Contracting Officer. If the contractor is uncertain about the availability or proposed use of information provided for the performance or administration, then the contractor will consult with the COR regarding use of that information for other purposes.
The contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information. Each employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.
Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.
Contractor and contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer. The contractor will not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently
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acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner that provides for greater rights to the contractor.
All data received, processed, evaluated, loaded, and/or created as a result of a contract shall remain the sole property of the Government unless specific exception is granted by the Contracting Officer.
Contractor and contractor personnel shall sign a Non-Disclosure Agreement prior to commencing work on a contract.
2.6.6 Government Furnished Equipment/Government Furnished Information The Government will not provide computer hardware / GFE to assigned contractor personnel working under this contract. Contractor personnel shall use Contractor Furnished Equipment (CFE) for all off-site and on-site work performed and must access the DLA network through VDI / Citrix. Contractor personnel will not receive Enterprise Help Desk (EHD) support for CFE either. Contractors should go to http://remote.dla.mil to access the DLA network and refer to PWS Section 2.12.2 for additional instructions on remote connectivity. 2.7 Travel The contractor may be required by the government to perform CONUS travel in performance of the resulting contract. Travel in support of a contract will be performed on a cost-reimbursable basis. Travel reimbursement will be in accordance with the FAR 31.205-46. When required, the most reasonable means of ground transportation (i.e., taxi, bus, car rental) shall also be used. All contractor travel must be pre-approved by the contract Contracting Officer Representative (COR) prior to travel. Following COR conditional approval, the contractor shall prepare a travel estimate in accordance with FAR 31.205-46 and submit the estimate via email to the COR for final approval. On occasion, short duration (1-5 days) site visits may be required as authorized by the Government. All travel related expenses (per diem, airfare, transportation etc.) will be reimbursed to the Contractor in accordance with FAR 31.205-46. The Contractor is required to submit travel receipts for reimbursement as outlined by the FAR 31.205-46. Contractor shall submit copies of expense reports and receipts with monthly invoices for payment. Upon completion of the travel, Contractors will provide a written trip report in Word format to the COR as supporting documentation to validate the reimbursable costs. The government shall establish a not to exceed value for travel under each resulting contract, and reimbursement for travel will be limited to this amount unless an exception is approved by the Contracting Officer. The Government anticipates that performance of this order may require travel as estimated below. Travel shall be on a cost-reimbursable basis. All travel, except local travel in the Washington DC Metropolitan area, shall be approved in advance in writing, to include email, fax, etc., by the COR. A Travel CLIN with a not to exceed amount of $49,248.73/base year; $50,233.71/option year 1; and $51,238.37/option year 2 will be used for invoicing and payment for travel, but the Contractor must submit a proper travel estimate to the COR for approval prior to all travel. Any travel not pre- approved is solely at the risk of the contractor. Travel within the Washington DC Metropolitan Area will be accomplished at no additional cost to the Government and is not directly reimbursable.
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Location* Estimated Number of Trips / Year of POP
Numbe r of
People Richmond VA 1 4 Philadelphia PA 1 1 Columbus, OH 1 2 Tampa, FL 1 6 Philadelphia PA 1 11 *For Tasks 1-6 from Washington Metro area. Travel in Support of Technical PMs funded Separately 2.8 PLACE OF PERFORMANCE The primary place of performance will be at the contractor’s place of performance and/or Off-Site. Personnel shall be available to periodically support meetings at HQ DLA (Fort Belvoir, VA) or other places of performance in the Washington, DC metropolitan area. Note: Travel within the Washington DC Metropolitan Area will be accomplished at no additional cost to the Government and is not directly reimbursable. 2.11 POINTS OF CONTACT 2.11.1 Contracting Officer Representative (COR): TBD 2.11.2 Technical Representative: TBD 2.12 CONTRACTOR ALTERNATE WORKSITE AUTHORIZATION The contractor may be authorized to work at an alternate worksite pending prior authorization from either the COR or Contracting Officer. Each alternate worksite effort will be for a definitive period of time as agreed upon by both parties. Working at an alternate worksite shall only be authorized if the COR or Contracting Officer can adequately determine that the following conditions exist for the contractor:
a. There must be a predefined need, in keeping with the organization’s mission, for the contractor to work at an alternate worksite.
b. The existing contract performance outcomes/metrics and delivery requirements remain in effect during performance at the alternate worksite
c. In case of inclement weather or Federal Government closure contractors may be authorized to perform tasks from their alternate work site.
d. If the contractor needs remote access to DLA or DOD networks, systems, applications, or databases, the contractor will establish remote access through the DLA approved remote access at http://remote.dla.mil using Contractor Furnished Equipment (CFE) or Personal Equipment (PE). The performance outcomes/metrics and delivery requirements remain in effect along with security and other requirements during performance at the alternate
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worksite.
2.12.1 CONTRACTOR CONTINUITY OF OPERATIONS PLAN (COOP) ALTERNATE WORKSITE AUTHORIZATION The contractor may be authorized to perform at a Contractor alternate worksite, upon declaration of a COOP situation by the Director of the Defense Logistics Agency.
a. Alternate worksites may be authorized, upon declaration of a COOP situation by the DLA Director. An alternate worksite can be a contractor facility, personal residence, a telecommuting center, or a non-public place. A telecommuting center is a geographically convenient office setting established as an alternate to an employee's main office, residence, or non-public location.
b. Regardless of work location, all terms and conditions, including security requirements and labor laws, remain in effect.
c. Unless Mission Essential Functions are specifically detailed in the individual PWS requirements the services are not considered mission essential.
2.12.2 CONTRACTOR ALTERNATE WORKSITE REMOTE ACCESS REQUIREMENTS
a. The contractor will ensure that all CFE/PE (hardware and software) required for remote access to DLA networks, systems, applications, and databases meet the minimal configuration requirements set forth in the DLA Virtual Desktop Guide. The guide can be obtain from your COR or at the following URL https://remote.dla.mil/help/VirtualDesktopInfrastructureUserGuide.pdf.
b. CFE/PE equipment is strictly prohibited from connecting to the DLA Virtual Private Network.
c. All liability for issues and troubleshooting CFE/PE is the responsibility of the equipment owner. The DLA Enterprise Help Desk will not provide support for issues with hardware/software not provided by DLA, including but not limited to CFE/PE hardware, non-DLA networks (e.g., home routers, public hot spots), and non-DLA software compatibility issues with Citrix.
d. DLA Enterprise Help Desk resources will support troubleshooting issues that are not related to the CFE/PE hardware/software, including but not limited to accounts, DLA applications, and server-side issues.
e. CFE/PE’s running on Windows 7, Windows 8/8.1, or Windows 10 can be used to access the Virtual Desktop. Use the Virtual Desktop Guide for additional guidance.
f. It’s recommended that the CFE/PE equipment minimally install: 1) CFE/PE utilize the applicable Security Technical Implementation Guides (STIGs) /
checklists located at https://iase.disa.mil/stigs/Pages/index.aspx for system operating system. Anti-virus, Anti-Spyware, and Host Based Intrusion Prevention software be installed and the software be updated on a daily basis (i.e. software revisions, virus definitions). That the Host Based Intrusion Prevention Software firewall be configured to permit traffic by exception only, and dropping all other traffic.
2) CFE/PE computers be scanned with the appropriate vulnerability scanner at a minimum of every 15 days and remediate vulnerability findings. Ensure contractor
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employees possess a current Government issued Common Access Card (CAC) and install Government approved CAC readers and middleware.
g. The Government is not responsible for any costs associated with meeting the above
requirements. Reporting in the Enterprise-wide Contractor Manpower Reporting Application (ECMRA): The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency 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, beginning with 2016. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.
SECTION 3 – Solicitation Clauses FAR 52.212-1, Instructions to Offerors—Commercial Items (JAN 2017) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/browsefar FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See Section 4 – Award and Evaluation.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Note: Please see Section 4 Basis for Award and Section 4 Evaluation Factors
FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website
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located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small
business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
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(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or
humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended.
“Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”— (1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service- disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
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(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans. “Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the
affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned
business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
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(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women- owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
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(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that—
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that—
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225- 1, Buy American—Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products: Line Item No. Country of Origin
______________ _________________
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______________ _________________ ______________ _________________
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American— Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products: Line Item No. Country of Origin
______________ _________________ ______________ _________________ ______________ _________________
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[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products:
Line Item No. _______________________________________ _______________________________________ _______________________________________
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________
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______________ _________________
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products: Line Item No. Country of Origin
______________ _________________ ______________ _________________ ______________ _________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—
(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been
assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the
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case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles
the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .]
(1) Listed end products. Listed End Product Listed Countries of Origin
___________________ ___________________ ___________________ ___________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
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(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards
(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
□ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting
Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
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requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(3) Taxpayer Identification Number (TIN). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have
income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
□ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________.
(5) Common parent. □ Offeror is not owned or controlled by a common parent; □ Name and TIN of common parent:
Name ________________________________. TIN _________________________________.
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that— (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at
[email protected]. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror—
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(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.
(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a “doing business as” name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any
Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that—
(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension
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or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(2) The Offeror represents that— (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)
(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (s) [Reserved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that
require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract
awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not
publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(iii) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.
(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.
(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements
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prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Jan 2017) is incorporated in this solicitation by reference. The full texts may be accessed electronically at https://www.acquisition.gov/browsefar
FAR 52.212-4 Alternate I is hereby incorporated into this RFP. Alternate I only applies for the Travel CLINs, and the standard FAR 52.212-4 applies to the Firm-Fixed Price CLINs.
FAR 52. 212-4 Alternate I (i)(ii)(D) is hereby modified to read as the following:
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: travel, and facility and audio equipment support.
(2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2018)
(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).
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(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 and 108-
78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). _x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3.
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__ (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 Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7.
_x_ (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)). _x_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). _x_ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
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__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _x_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _x_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _x_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). _x_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
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__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83). __ (47)(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.
__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
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_x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 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). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _x_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (60)(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).
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__ (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). __ (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 (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and
other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
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(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 (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 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) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O
13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
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(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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 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).
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42
.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
FAR 52.217-5—Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). FAR 52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days of contract expiration.
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FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18 months.
FAR 52.232-22 -- Limitation of Funds (APR 1984)
(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government’s share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government’s and the Contractor’s share of the cost.
(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.
(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor’s corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.
(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.
(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor’s written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.
(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause—
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(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and
(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of—
(i) The amount then allotted to the contract by the Government or; (ii) If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus
the Contractor’s corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.
(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost- sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.
(h) No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.
(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of—
(1) The amount previously allotted by the Government or; (2) If this is a cost-sharing contract, the amount previously allotted by the Government to the contract
plus the Contractor’s corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.
(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.
(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.
(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.
(End of clause)
FAR 52.232-18 Availability of Funds (APR 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
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FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm-fixed price contract resulting from this solicitation. However, a time and material CLIN will be included for travel and ODCs to reimburse the vendor for any authorized, non-local travel and direct expenses that may be required under this effort.
DLAD 52.204-9000 Contractor Personnel Security Requirements.
CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015)
(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally- controlled facilities. Prior to beginning work on a contract, DLA requires all Contractor personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check.
(b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD Contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows:
(1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent;
(2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and
(3) IT-III for an IT position requiring a NACI or equivalent.
Note: IT levels will be designated according to the criteria in DoD 5200.2-R.
(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, the Contractor must provide the following information to the respective DLA Intelligence Personnel Security Office immediately upon receipt of the contract. This information must be provided for each Contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:
(1) Full name, with middle name, as applicable, with social security number;
(2) Citizenship status with date and place of birth;
(3) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation;
(4) Company name, address, phone and fax numbers with email address;
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(5) Location of on-site workstation or phone number if off-site (if known by the time of award); and
(6) Delivery order or contract number and expiration date; and name of the Contracting Officer.
(d) The Contracting Officer will ensure that the Contractor is notified as soon as a determination is made by the assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation and clearance level.
(1) If a new investigation is deemed necessary, the Contractor and Contracting Officer will be notified by the respective DLA Personnel Security Office after appropriate checks in DoD databases have been made.
(2) If the Contractor employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this information to the Contractor and Contracting Officer for further action. Investigations for Contractor employees requiring access to classified information must be initiated by the Contractor Facility Security Officer (FSO).
(3) The Contracting Officer will ensure that the respective DLA Intelligence Personnel Security Office initiates investigations for Contractor employees not requiring access to classified information (i.e., IT or unescorted entry).
(4) It is the Contractor’s responsibility to ensure that adequate information is provided and that each Contractor employee completes the appropriate paperwork, as required either by the Contracting Officer or the DLA Intelligence Personnel Security Office, in order to begin the investigation process for the required clearance level.
(e) The Contractor is responsible for ensuring that each Contractor employee assigned to the position has the appropriate security clearance level.
(f) The Contractor shall submit each request for IT access and investigation through the Contracting Officer to the assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information and/or documentation:
(1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below);
(2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and
(3) Form FD-258, Fingerprint Card (however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office).
(Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Management’s (OPM) system called Electronic – Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPM’s web-site, www.opm.gov, but hard copies of the forms are not accepted.)
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(g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by the Contractor as directed by the Contracting Officer to the cognizant DLA Intelligence Personnel Security Office at the time of fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM.
(h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the DLA Intelligence Personnel Security Office for review and determination regarding the applicant’s suitability to occupy an unescorted entry position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the investigation has been favorably adjudicated or the Contractor employee has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by OPM t to the Department of Defense, Consolidated Adjudications Facility (DoD CAF) or DLA Intelligence Personnel Security Office.
(i) A waiver for IT level positions to allow assignment of an individual Contractor employee to commence work prior to completion of the investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual Contractor employee’s completed forms, the background investigation has been initiated and favorable FBI fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing. The individual Contractor employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been approved.
(j) The requirements of this clause apply to the prime Contractor and any subcontractors the prime Contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the Contractor. The Government retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, who are determined by the Contracting Officer to conflict with the interests of the Government. If such removal occurs, the Contractor shall assign qualified personnel, with the required investigation, to any vacancy.
(k) All Contractor personnel who are granted access to Government and/or Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the Contractor employee from Government property and referral to the Contractor for appropriate disciplinary action. Actions taken by the Contractor in response to a violation will be evaluated and will be reflected in the Contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.
(l) The Contractor may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each Contractor employee in accordance with procedures established by DLA. When a CAC is required, the Contracting Officer will ensure that the Contractor follows the requirements of Homeland Security Presidential Directive 12 and any other CAC-related requirements in the contract. The Contractor shall provide, on a monthly basis, a listing of all personnel working under the contract that have CACs.
(m) Contractor personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office.
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(n) When a Contractor employee who has been granted a clearance is removed from the contract, the Contractor shall provide an appropriately trained substitute who has met or will meet the investigative requirements of this clause. The substitute may not begin work on the contract without written documentation, signed by the Contracting Officer, stating that the new Contractor employee has met one of the criteria set forth in paragraphs (c), (d), or (i) of this clause, (i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation). Contractor individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.
(o) The following shall be completed for every employee of the Government Contractor working on this contract upon contract expiration. Additionally, the Contractor shall notify the contracting officer immediately in writing whenever a Contractor employee working on this contract resigns, is reassigned, is terminated or no longer requires admittance to the Federally-controlled facility or access to Federally- controlled information systems. When the Contractor employee departs, the Contractor will relay departure information to the cognizant DLA Intelligence Personnel Security Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), so appropriate databases can be updated. The Contractor will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The Contractor will be responsible for any costs involved for failure to complete the out- processing, including recovery of Government property and investigation involved.
(p) These Contractor security requirements do not excuse the Contractor from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. The Contractor shall meet the required delivery schedule/performance requirements unless the contracting officer grants a waiver or extension.
(q) The Contractor shall not bill for personnel, who are not working on the contract while that Contractor employee’s clearance investigation is pending.
FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
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(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
DLAD 52.233-9001 Disputes Agreement to Use Alternative Dispute Resolution (ADR).
DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (DEC 2016)
(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.
(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.
(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.
(End of Provision)
8(a) Clauses
DFARS 252.219-7010 Notification of Competition Limited to Eligible 8(a) Concerns—Partnership Agreement (MAR 2016) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer: (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan. (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror’s approved business plan is on the file and serviced by ____________________________. [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA.] (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas, unless—
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(i) The SBA has determined that there are no small business manufacturers or processors in the Federal market place in accordance with FAR 19.502-2(c); (ii) The acquisition is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, in which case a small business concern may furnish the product of any domestic firm; or (iii) The acquisition is a construction or service contract. (2) The ___________________ [insert name of SBA's contractor] will notify the __________________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(End of clause) FAR 52.219-14 Limitations on Subcontracting (Jan 2017) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Applicability. This clause applies only to— (1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants; (2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and (3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
(End of clause) FAR 52.204-2 -- Security Requirements (Aug. 1996) (a) This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.” (b) The Contractor shall comply with – (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and (2) Any revisions to that manual, notice of which has been furnished to the Contractor. (c) If, subsequent to the date of this contract, the security classification or security requirements under
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this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. (d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. (End of Clause) DFARS 252.239-7001 Information Assurance Contractor Training and Certification (Jan 2008)
(a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements, including—
(1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01-M; and
(2) Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01-M.
(b) Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnel performing information assurance functions.
(c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions.
(End of clause) Section 508 Compliance Requirements All development of Electronic and Information Technology products or services shall be compliant with Section 508 as imposed by 36 CFR 1194. Solutions implemented by the CTA Team PM shall comply with the DLA One-Book DLA Directive (DLAD) 5025.30. When directed by the Government, the Vendor shall assist the Government in performing an assessment of EC to determine compliance with Section 508 and provide results to the Government. The Vendor shall assist the Government in developing a plan to meet these requirements or requesting appropriate exceptions. The Vendor shall support the Government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when Federal agencies, develop, procure, maintain, or use electronic information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Additional information on Section 508 can be found at: http://www.section508.gov
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Contracting Officer’s Representative (COR)
(a) A COR will be assigned at time of award.
(b) The COR is responsible for monitoring, processing, and the overall technical management of the contractor’s performance of this contract and should be contacted regarding questions or problems of a technical nature. In no event, however, will any understanding or agreement, modification, change order or other matter deviating from the terms of the contract between the contractor and any person other than the Contracting Officer be effective or binding upon the Government unless the agreement is formalized by proper contractual document executed by the Contracting Officer prior to completion of this contract.
(c) On all matters pertaining to contract terms, the contractor will contact the Contracting Officer. When in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract or order, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such request, unless and until the Contracting Officer has issued a contract modification.
DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law. (JAN 2012)
(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of Provision)
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SECTION 4 – Award and Evaluation Basis for Award This contract is restricted for 8(a) competition in accordance with FAR 19.803(b)(4)(ii). An award will be made to a qualifying, responsible competitive 8(a) source with a technically acceptable proposal at a fair and reasonable firm fixed price not exceeding the fair market value in accordance with FAR 19.806 and 19.807. In accordance with FAR 15.101-1, award of this contract will be made on a competitive best value basis, using “tradeoff” procedures between non-price and price. In evaluating contract proposals, the non-price factor(s) is/are considered significantly more important than price. The Government may consider award to other than the lowest priced offerors or other than the highest technically rated offerors. The criteria used to select the contractor for award of this contract will be based on an evaluation of the contractor’s proposed labor mix and allocation along with its proposed price as compared to the government’s estimate of the work to be performed. EVALUATION FACTORS: Price: The offeror is required to submit a price proposal addressing all pricing involved in the execution of the technical requirements detailed in the non-price proposal (see table below). The offeror’s proposal shall include a Work Breakdown Structure (WBS) including the labor categories and rates of employees to be dedicated to this effort, what tasks such employees may be dedicated to and the level of effort (hours) proposed for meeting these objectives and accomplishing each Task in the PWS. The Government will evaluate the offeror’s price proposal in accordance with FAR 15.404, Proposal Analysis in order to determine that the price is fair and reasonable. Work Breakdown Structure
Period of Performance
Open Market Labor Category
Discounted Hourly Labor Rate
Task Hours
Total Price
Base Period
Option Period 1
Option Period 2
Non-price Factors
• Labor Mix • Technical Approach • Past Performance (Aspect one: relevancy of prior contracts; Aspect two: quality of past performance)
Non-Price Factor – Labor Mix: The contractor’s quality of proposed personnel will be evaluated based on an assessment of the level of experience and skill necessary to minimize Government risk and successfully complete the technical requirements outlined in the contract PWS. Proposed labor mix and allocation will be evaluated on experience, skills and qualifications as they relate to the requirements of the contract PWS. Contractors are required to submit copies of resumes (not included in overall page restrictions) for all personnel and key personnel substitutions proposed in response to this contract PWS. Non-Price Factor – Technical Approach: Describe in detail your approach to develop the specified deliverables and perform each tasking in the PWS. The offeror must provide evidence demonstrating a clear understanding of the scope and complexity of the requirements set forth in the PWS. The proposed approach
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must be well-defined and logical and include the methodologies and processes that can successfully meet DLA objectives and mitigate risk. Non-Price Factor – Past Performance: The Government will consider the offeror’s past performance/experience under U.S. Government contracts or other contracts in the last 3 years of the initial closing date of this Request for Proposal (RFP). Any contracts submitted in reference to past performance that are outside the 3 year recency period will not be considered for evaluation. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance and will receive a Neutral rating. Offerors shall submit at least one past performance example, but not more than two examples. In addition, if any contracts have been terminated for cause within the requested time frame please list and provide the reasons.
In evaluation of this factor, the following aspects will be considered:
Aspect One: Relevancy of Prior Contracts - The relevancy of offeror’s prior projects to the current PWS requirements will be evaluated based on the similarity to the service/support, the complexity, and dollar value. The Government will evaluate the offeror’s demonstrated evidence of experience in performing contracts with a similar size, scope, and complexity to this contract requirement.
Aspect Two: Quality of Past Performance (i.e., how well the contractor performed) - The organization’s history of success in completion of projects, history of producing high-quality reports and deliverables, and commitment to customer satisfaction and history of staying on schedule and within budget will be evaluated via CPARS/PPIRS, information provided in the offeror’s proposal, and with the Government’s independent contact with the offeror’s prior customers. Degree of conformance to contractual requirements, responsiveness and effectiveness in addressing issues, quality of customer service, and conformance to cost/price requirements or goals, will be evaluated in the qualitative past performance ratings.
Key Personnel Requirements Resumes and required certifications should be submitted for all Key Personnel who will be directly involved in the PWS Requirements and shall be skilled, experienced, professional, or technical personnel consistent with the task-specific requirements of this PWS. Offerors may propose alternative / substitute labor categories for identified Key Personnel, as long as the offered candidate meets the qualifications identified for the Key Personnel position. Note: Resumes and required certifications must be submitted for Key Personnel and all personnel proposed as Key Personnel substitutions (i.e. alternative labor categories). NOTE: Resumes/Certifications are not required for the Optional Task 7 at this time; the documents will be required when / if the Optional Task is exercised. Task Specific Personnel Minimum Requirements
All personnel must have relevant experience supporting DOD/DLA Research and Development Programs.
The Government is providing estimates for the level of effort required to fulfill the requirements of the Performance Work Statement for each labor category below. This is only an estimate and the contractor is required to provide a level of effort consistent with its proposed technical approach. Offerors are permitted to propose a level of effort below the government estimate if their proposed approach enables them to successfully perform the requirement at a lower level of effort. However, an offeror proposing a level of effort below the government estimate will only be found to be technically acceptable if the offeror is able to clearly demonstrate how their technical approach enables them to successfully perform at that level of effort. Base assurances and conclusory statements about an offeror’s capability may not be deemed sufficient to support a level of effort below the government estimate.
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The total range of hours for the personnel and required support is expected to be between 21,150 and 25,850 for each 12 month period of performance. The level of effort for Optional Task 7 Support is expected to be between 6,768 and 8,272 for each 12 month period of performance. Key Personnel Labor Categories anticipated for this contract are:
R&D Support Task Proposed Labor Categories Range
(Hours/Year)
TASK 1 – Project Plan Development Project Manager 1692 2068
TASK 2 – R&D Program Office Support Subject Matter Expert (Journeyman) 7614 9306
TASK 3 – Financial Execution Subject Matter Expert (Journeyman) 6049 7393
TASK 4 – Audit Readiness Subject Matter Expert (Journeyman) 1565 1913
TASK 5 – R&D Records Management Related Requirements Administration/Clerical (Senior) 1692 2068
TASK 6 – Knowledge Management Portal Sustainment Applications Developer (Master) 846 1034
TASK 7 – Technical Program Manager Support (Base) Project Manager 4230 5170
TASK 8 – Engineering Services and Technical Support Project Manager 1692 2068
OPTIONAL: TASK 7 – Technical Program Manager
Support (Optional) Project Manager 6768 8272
CONTRACT PROJECT MANAGER Serves as the project manager for a large, complex contract (or a group of contracts affecting the same system) and shall assist the Program Manager in working with the Government Contracting Officer, Government management personnel and customer agency representatives. Under the guidance of the Program Manager, responsible for the overall management of the specific contract(s) and ensuring that the technical solutions and schedules in the contract are implemented in a timely manner. Minimum Requirement: Must have two years relevant management experience, including leadership with progressively higher responsibility in the public and/or private sector with DOD or DLA, including any Research and Development experience. Minimum Education: Must have Bachelors of Arts or Science or higher in business related discipline (logistics, industrial engineering, management, economics, finance or information technology), and Program Management Professional (PMP) certification, with experience supporting a DOD or DLA organization in a comparable capacity and role. BUSINESS SYSTEMS ANALYST: Relevant experience in Research and Development business processes, responsible for formulating business systems relative to the DLA Research and Development Program. Acts as a member of a team responsible for providing technical guidance concerning the business implications of the application of various systems.
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Minimum Experience:
• SAP products for Enterprise Resource Planning financial management sub-systems, including eProcurement; Wide Area Workflow (WAWF)/Invoicing Receipt Acceptance and Property Transfer (iRAPT) suite including myInvoice and Electronic Document Access (EDA), eWorkplace / R&D Planning and Execution Knowledge Management Portal
• Four years relevant experience with Research and Development programs • Must possess IT-II security clearance or have a current National Agency Check with Local Agency
Check and Credit Check (NACLC) at time of proposal submission. Must have experience with the following programs:
• MS Suite • Word, Excel • Access • Project Management • Power Point
PROGRAM ADMINISTRATION SPECIALIST Experienced in working with project management tools and reporting systems. Familiar with government contracts, work breakdown structures, management/business plans, and program reporting. Provides direct program experience in contract administration and preparing management reports. Has worked in support of a Program Manager on a government contract. Manages the preparation of management plans and audit readiness documentation. Develops and presents results to program and executive management. Coordinates schedules to facilitate the completion of contract and change proposals, contract deliverables, contract reviews, briefings and presentations, and IPR preparation. Performs analysis, development, and review of program administrative operating plans and procedures.
Minimum Experience: • Five years relevant experience Required Skills: • Must possess IT-II security clearance or have a current National Agency Check with Local Agency
Check and Credit Check (NACLC) at time of proposal submission. BUSINESS COLLABORATION APPLICATION ADMINISTRATOR: Responsible for planning, designing, troubleshooting, and providing day-to-day support for the business collaboration application (e.g. SharePoint). Sets up, configures, and maintains the business collaboration application environment. Responsible for collecting, analyzing and creating reports from the business collaboration applications.
Minimum Experience: • Four years relevant experience in designing, developing and administering business
collaboration software such as Microsoft SharePoint, including recent experience with Microsoft Sharepoint Online (SPO)
Required Skills: • Must hold Microsoft Certified Technology Specialist (MCTS) Certification or equivalent
certificate. • Must possess IT-II security clearance or have a current National Agency Check with Local
Agency Check and Credit Check (NACLC) at time of proposal submission. • Must have a minimum of six-(6) years of general IT experience • Specialized experience documenting IT requirements, and reading existing materials and
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documentation, providing detail analysis of software business and technical capabilities
Required Skills: • Must hold Microsoft Certified Technology Specialist (MCTS) Certification Microsoft • Office SharePoint Server or equivalent certificate • Must be proficient in:
o MS Office Suite o MS Project o MS Visio o HTML o VB Script o XML o Microsoft ASP.Net o JAVA/Primavera
Note: The estimated annual hours listed for the labor categories are only approximations. Contractors are not restricted to this specific quantity in their proposals. It is the Contractor’s responsibility to determine the appropriate labor mix to ensure successful performance. DLAD 37.103 Contracting officer responsibility. (e) The contracting officer shall ensure compliance with USD(AT&L) memorandum dated November 28, 2012, Enterprise-wide Contractor Manpower Reporting Application. The contractor manpower reporting requirement does not apply to procurements listed by product service code S111 Utilities-Gas services, S112 Utilities-Electricity services, S113 Utilities-Telephone and/or Communications services, S114 Utilities- Water services, S119 Other Utilities and Construction of structures and facilities. (f) Adhere to the requirements set forth in the USD(AT&L) memorandum dated December 6, 2012, Service Acquisition Workshop (SAW). Document the consideration of a SAW for actions over $100 million. Acquisitions for services valued over $100 million shall be coordinated with the SSM. (S-90) Solicitations and contracts shall include procurement note C05 when the services to be provided require professional employees, and evaluation of proposed key managerial personnel is required to assess the probability of successful performance. ***** C05 Changes to Key Personnel (OCT 2016) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government. SUBCONTRACTING LIMITATIONS In accordance with FAR 52.219-14, at least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the 8(a) concern. As such, the vendor shall propose a plan for meeting the subcontracting requirement over the course of the base period. To ensure compliance with this regulation after award, the vendor shall submit quarterly reports to the contracting officer providing subcontracting information. The reports should be submitted on the vendor’s letterhead and identify each labor category, cite the total number of hours billed against each labor category and the total cost expended for each labor
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category at the time of submission. It should also identify whether the key personnel was employed by the prime 8(a) vendor or the subcontractor. This letter can be submitted via email to the contracting officer. The contracting officer shall monitor the vendor’s progress and compliance with the regulation.
SECTION 5 - Representations and Instructions VENDOR INSTRUCTIONS This section specifies the format and content the offeror shall use in responding to this RFP. It is required that the offeror responds in accordance with these instructions. The offeror shall submit a proposal that clearly and concisely describes and defines the offeror’s response to the objectives/requirements contained in the RFP. Unnecessarily elaborate presentations beyond that sufficient to present a complete and effective quotation are not desired. Elaborate artwork and expensive visual or other presentation aids are neither necessary nor desired. As mentioned on page 2, if an offeror has questions regarding the instructions contained herein, written notification shall be provided to the Contracting Officer for clarification within the time frame specified so as to ensure that answers can be posted in time to meet the deadline. Objections to any terms and conditions of the RFP may make the offer unacceptable. The firm may correct a deficiency only through discussions. PROPOSAL SUBMISSION Offerors shall submit their proposal in the following format: Technical Proposal (vol. 1)
• Up to 7 single-sided pages including body and appendices • 8.5" x 11" page size • Header on each page to identify page content and page number • Type font 12 point Times New Roman with one inch margins around the page • There is no penalty for submitting a technical proposal of less than 7 pages, as long as the technical
proposal covers all the required material. Résumés and certifications for technical data and computer software will not be counted as part of the 7-page limit.
• Technical proposals must be clear and concise, and shall not contain pricing information. Price Proposal (vol. 2)
• 8.5" x 11" page size • A header on each page to identify page content and page number • Type font 12 point Times New Roman with 1 inch margins around the page. • No page limits apply to the price proposal
The offerors are required to address the following in their proposal: Technical Proposal (vol. 1) The offeror is required to address the following:
a. The labor mix categories projected to be expended for each of the tasks presented in the Performance Work Statement, herein.
b. The level of effort necessary for each of the tasks set forth in the PWS. c. Key Personnel as outlined above in Section 4.
Price Proposal (vol. 2) The offeror is required to submit a price proposal in accordance with this section. The offeror is to provide fixed hourly rates. Offerors should present a pricing proposal commensurate with the technical proposal and explain the fixed-price price build-up, including proposed labor rates, hours and labor categories. The
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offeror (s) are encouraged to provide discounts on all rates proposed and those discounts should be reflected in the pricing data provided. Work Breakdown Structure
Period of Performance
Open Market Labor Category
Discounted Hourly Labor Rate
Task Hours
Total Price
Base Period
Option Period 1
Option Period 2
Award without Discussion The Government intends to evaluate the offeror’s proposal and make an award without discussions. The proposal should contain the offeror’s best terms within the proposed technical and business approach. Additionally, the Government reserves the right to conduct discussions and request proposal revisions if it is determined to be necessary. No Award The Government reserves the right not to make an award as a result of this RFP if such award is determined contrary to the best interest of the Government. The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any proposal in response to this RFP. CONFLICT OF INTEREST AND NON-DISCLOSURE If the Contractor identifies an actual or potential organizational conflict of interest that has not already been adequately disclosed and resolved (or waived in accordance with FAR 9.503), the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order or resolve the conflict. This reporting requirement also includes subcontractors’ actual or potential organizational conflicts of interest not adequately disclosed and resolved prior to award. ORGANIZATIONAL CONFLICT OF INTEREST
By virtue of the performance of this contract or delivery order(s), the contractors/subcontractors and their employees may encounter and/or have access to proprietary data that could result in a conflict of interest. As a result, certain requirements or restrictions shall be imposed. An “organizational conflict of interest” (OCI) occurs where, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage, FAR 9.501. An organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required, FAR 9.502 Contracting officials are required to avoid, neutralize, or mitigate potential significant conflicts of interest before contract award, so as to prevent an unfair competitive advantage or the existence of conflicting roles
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that might impair a contractor's objectivity, FAR 9.504(a), FAR 9.505. This duty may result in the Contracting Officer requesting that contractors provide reasonable assurance that restrictions on procurement sensitive or proprietary data have been, or will be, honored. To avoid an OCI and to avoid prejudicing the best interests of the Government, the Contracting Officer may place restrictions on contractors, its affiliates, subsidiaries and subcontractors at any tier. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize or mitigate an OCI that might otherwise exist. Examples of situations which may require restrictions are provided in FAR 9.508. In order to assist the Contracting Officer in fulfilling his or her responsibilities concerning an OCI, the offeror represents that it will promptly disclose to the Contracting Officer all relevant facts that may evidence a potential or actual OCI. This disclosure will include a description of the action that the offeror has taken or will take in order to avoid, neutralize, or mitigate such OCI. The obligation above continues after award for the successful contractor. The contractor must promptly disclose all relevant facts that may evidence a potential or actual OCI during the performance of the contract. Addition, the performance of this contract may require the contractor to access data and information proprietary to the Government agency or of such a nature that its dissemination or use, other than in performance of this contract would be adverse to the interest of the Government or others. The contractor shall not divulge or release data or information developed or obtained in performance of the contract except to authorize Government personnel or upon written approval of the Contracting Officer. Agency information marked "For Offical Use Only" or bearing other sensitivity markings shall be handled in accordance with Agency information security program regulations and shall not be divulged or disclosed without DLA's permission. Requests for disclosure shall be addressed to the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data, other than as required in the performance of the contract. The limitations above do not apply to data or information that has been made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner, which provides for greater rights to the contractor. NOTICE OF POTENTIAL ORGANIZATIONAL CONFLICTS OF INTEREST
(a) Notice. The Contracting Officer has determined that this acquisition may give rise to an organizational conflict of interest (OCI). Accordingly, the attention of prospective Offerors is invited to FAR Subpart 9.5 --Organizational Conflicts of Interest. The Contracting Officer shall not award a contract until the Government determines any conflict of interest is reasonably resolved. The Contracting Officer has the sole authority to determine whether an organizational conflict of interest exists and to determine whether the organizational conflict of interest has been reasonably resolved. The OCI plan will not be evaluated as part of mission suitability. However, before being eligible to receive an award, the Offeror shall submit an acceptable OCI plan (including mitigation plans for any identified OCIs). As such, the Government may communicate with any Offeror at any time during the evaluation process concerning its OCI plan.
(b) Description of Potential Conflict. The nature of this potential organizational conflict of interest is the existence of conflicting roles that might bias a contractor’s judgment or the existence of an unfair competitive advantage.
(c) Responsibility of Offeror. 1) Applying the principles of FAR Subpart 9.5, each Offeror shall assess whether there is an
organizational conflict of interest associated with the proposal it submits. The Offeror must explain the actions it intends to use to resolve any organizational conflicts of interest it finds
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in the Government‘s assessment and its own assessment. If its proposed resolution involves a proposed limitation on future contracting, the Offeror shall include the limitation in its proposal. If the proposed resolution involves use of mitigation techniques, the Offeror shall include the mitigation techniques in its proposal. Offerors may include the limitation of future contracting as well as a mitigation plan when their proposed resolution involves both techniques to address conflicts.
2) Offerors are encouraged to inform the Contracting Officer of any potential conflicts of interest, including those involving contracts with other Government organizations, in their proposal. The contracting officer will use this information to determine whether resolution of those conflicts will be required.
3) If the Offeror‘s proposed action to resolve an organizational conflict of interest is not acceptable, the Contracting Officer will notify the Offeror, providing the reasons why its proposed resolution is not considered acceptable and allow the Offeror a reasonable opportunity to respond before making a final decision on the organizational conflict of interest.
(d) Representation. By submission of its offer, the Offeror represents, to the best of its knowledge and belief, that –
1) there are no relevant facts that could give rise to an OCI, as defined in FAR Part 2; or 2) the Offeror has disclosed all relevant information regarding any actual or potential conflicts
of interest. (e) Termination for default. If the successful Offeror was aware, or should have been aware, of an OCI
before award of this contract and did not fully disclose that conflict to the Contracting Officer, the Government may terminate the contract for default.
(f) Waiver. The agency reserves the right to waive the requirements of FAR 9.5, in accordance with FAR 9.503
Non-disclosure agreement - The contractor is required to sign a non-disclosure agreement which has been provided with this solicitation as an attachment.
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Attachment 1 Contractor Non-Disclosure Agreement for Government Data and Conflict of Interest Statement Name: ______________________________ Job Title: ___________________ Company: _______________ Project/Program: _________________________ Date: ______________ Acknowledgment of Obligations:
1. I acknowledge I have been assigned to the project/program indicated above (the “project/program”).
2. I understand that I may be given access to information which is proprietary and/or procurement sensitive, and which belongs to the Federal Government, I have read and understand all of the requirements of Subsection 27(a) of the Office of Federal Procurement Policy Act (also known as the Procurement Integrity Act), 41 U.S.C. sections 2010-2017 and FAR 3.104 regarding unauthorized disclosure of source selection information. In addition, I understand that all information is for Government use only and may be used only in the performance of work requirements necessary to carry out my duties as they relate to this contract. I also understand the requirements of Defense Logistics Agency Instruction 6303, “For Official Use Only Material.”
3. I understand that unauthorized disclosure of proprietary information I obtain in the performance of
my duties under the above referenced contract, as it relates to this project/program could damage the integrity of this project/program and that the transmission or revelation of such information to unauthorized persons could subject me to prosecution under the Procurement Integrity Act, 41 U.S.C. Sections 2010-2017 or under other applicable laws.
4. I agree that I will not divulge, publish, or reveal by word, conduct, or any other means, such
information or knowledge, except as necessary to do so in the performance of my official duties related to this project/program and in accordance with U.S. laws, unless specifically authorized in writing by an authorized representative of the United States Government.
5. I understand that the information I receive will be given only to persons specifically granted access
to the project information and may not be further divulged without specific prior written approval from the contracting officer.
6. I also understand that I must comply with the obligations and requirements contained in this Agreement at all times during the period of performance and after completion of the contact as well.
7. I shall not engage in any personal, business, or professional activity or receive or retain any direct or
indirect financial interest which places me in a position of conflict between my private interest and my duties or responsibilities related to this project/program. The private interest of my spouse, dependent children, or any household members is considered as my private interest. If, at any time during this project/program, my participation might result in a real, apparent, possible, or potential conflict of interest, I will immediately report the circumstances in writing to the Contracting Officer.
8. Note: A conflict of interest can be the result of a personal financial interest in any of the business concerns involved in or interested in the project/program. The term "financial interest" includes assets owned by you, your spouse, or your dependent children such as stocks, bonds, pensions, loans,
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trust holdings, IRA/401K holdings, salaries, fees, consulting arrangements or commissions. “Financial interest” also includes: any position of employment with said business concerns including positions of officer, director, trustee, employee, consultant, partner or agency; and negotiations for such employment or positions.
9. As described in FAR Subpart 9.5 -- Organizational and Consultant Conflicts of Interest, if, at any time during the project, my participation might result in an actual or potential conflict of interest, I will immediately report the circumstances in writing to the Contracting Officer. This includes negotiation of employment with another contractor, whether or not it results in leaving my current position as the nature of the work to be performed on the instant contract may create an actual or potential conflict of interest on a future acquisition. If I should leave my current position, I agree to notify the Contracting Officer at least two weeks prior to my departure. I understand that these notifications are necessary so that the Contracting Officer can take appropriate actions pursuant to FAR 9.5 to avoid, neutralize, or mitigate any potential conflict of interest.
10. I understand that this non-disclosure agreement is not meant to cover any other non-disclosure agreement(s) that I, and/or my company, may need to execute with the government and/or any other private entities in accordance with DFARS 252.227-7025.
11. I understand that signing this non-disclosure agreement does not release me or my company from the indemnification and third party beneficiary rights established by DFARS 252.227-7025.
12. I take this obligation freely, without any mental reservation or purpose of evasion, in the absence of
duress. I acknowledge I am bound by the terms of this Acknowledgment and applicable legal authorities.
Signature: ____________________________________ Date: ___________
- The contractor shall return all government-furnished CAC, Access ID Badges, electronic key cards, and any other government issued passes, e.g., vehicle pass, to the COR within 24 hours of the completion of the contract or upon termination of an indivi...
- FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
- FAR 52.232-18 Availability of Funds (APR 1984)
- Contracting Officer’s Representative (COR)
- (a) A COR will be assigned at time of award.
- (b) The COR is responsible for monitoring, processing, and the overall technical management of the contractor’s performance of this contract and should be contacted regarding questions or problems of a technical nature. In no event, however, will any...
- (c) On all matters pertaining to contract terms, the contractor will contact the Contracting Officer. When in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract or order, the contractor shall promptly no...
- Evaluation Factors:
- PROGRAM ADMINISTRATION SPECIALIST
- Experienced in working with project management tools and reporting systems. Familiar with government contracts, work breakdown structures, management/business plans, and program reporting. Provides direct program experience in contract administratio...
- Note: The estimated annual hours listed for the labor categories are only approximations. Contractors are not restricted to this specific quantity in their proposals. It is the Contractor’s responsibility to determine the appropriate labor mix to ens...
- No Award
- Acknowledgment of Obligations:
