COMBINED SYNOPSIS/SOLICITATION - · PDF fileThis is a combined synopsis/solicitation for a...

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OPM2615Q0016 Page 1 of 33 COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotations are being requested and a written solicitation will not be issued. The Solicitation number is OPM2615Q0016 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) FAC 2005-82/05-07-2015 The North American Industrial Classification System (NAICS) code is 722310, and the small business size standard is $38.5 million. This is a small business set-aside. The U.S. Office of Personnel Management (OPM) is soliciting a contractor in the Washington, DC area to provide catering services. The contractor shall provide catering services IAW the Statement of Objectives detailed below. Note: Food and beverage services cannot exceed the federal daily per diem rates. Only e-mailed requests for additional information will be accepted at [email protected] through 12:00 PM Eastern Standard Time (EST), June 2, 2015, Offerors are invited to submit their quotations in response to this notice by 12:00 PM (EST), June 6, 2015. Quotations submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to [email protected]. Technical and Pricing proposals MUST be in two separate files. If your technical and price proposal are not submitted in two separate files, your response to this solicitation will be considered non-responsive and will not be given any further consideration. You must also submit the attached Performance Requirement Summary Sheet. Each of the parts shall be separate and complete, so that evaluation may be accomplished independently of and concurrently with the evaluation of the others. All communications shall be directed to the attention of: Name: Bonnie Boston Title: Contracting Officer [email protected] U.S. Office of Personnel Management Federal Executive Institute

Transcript of COMBINED SYNOPSIS/SOLICITATION - · PDF fileThis is a combined synopsis/solicitation for a...

OPM2615Q0016 Page 1 of 33

COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotations are being requested and a written solicitation will not be issued. The Solicitation number is OPM2615Q0016 and is issued as a Request for Quotations (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) FAC 2005-82/05-07-2015 The North American Industrial Classification System (NAICS) code is 722310, and the small business size standard is $38.5 million. This is a small business set-aside. The U.S. Office of Personnel Management (OPM) is soliciting a contractor in the Washington, DC area to provide catering services. The contractor shall provide catering services IAW the Statement of Objectives detailed below. Note: Food and beverage services cannot exceed the federal daily per diem rates. Only e-mailed requests for additional information will be accepted at [email protected] through 12:00 PM Eastern Standard Time (EST), June 2, 2015, Offerors are invited to submit their quotations in response to this notice by 12:00 PM (EST), June 6, 2015. Quotations submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to [email protected]. Technical and Pricing proposals MUST be in two separate files. If your technical and price proposal are not submitted in two separate files, your response to this solicitation will be considered non-responsive and will not be given any further consideration. You must also submit the attached Performance Requirement Summary Sheet. Each of the parts shall be separate and complete, so that evaluation may be accomplished independently of and concurrently with the evaluation of the others. All communications shall be directed to the attention of:

Name: Bonnie Boston Title: Contracting Officer [email protected] U.S. Office of Personnel Management Federal Executive Institute

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1301 Emmet Street Charlottesville, VA 22903

NOTE: COMMUNICATIONS WITH OTHER OFFICIALS THAN THE OPM CONTRACTING OFFICER INDICATED ABOVE, MAY COMPROMISE THE COMPETITIVENESS OF THIS ACQUISITION AND RESULT IN THE CANCELLATION OF THE SOLICITATION AND/OR EXCLUSION OF YOUR PROPOSAL FROM THIS SOLICITATION. Vendors not registered in the System for Award Management at the time the requirement is anticipated to be awarded will not be considered. Vendors may register with SAM by accessing www.sam.gov. The Office of Personnel Management intends to award a Best Value Firm Fixed Price purchase order for this requirement.

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STATEMENT OF OBJECTIVES (1) STATEMENT OF OBJECTIVES

The Office of Personnel Management’s (OPM) Human Resources Solutions (HRS) division provides services that assist the Federal Government in achieving its missions by:

• Partnering with agencies to provide effective human resource solutions that develop leaders, attract and build a high quality public sector workforce, and transform agencies into high performing organizations; and

• Offering services that enhance the agencies' ability to attract and acquire specific

talent.

The Federal Executive Institute (FEI), part of HRS, is the federal government’s premier leadership development center for executives. Since 1968, FEI has provided executive education programs for GS-15s and members of the Senior Executive Service (SES). At present, these programs include a four-week Leadership for a Democratic Society (LDS) program, offered ten times per fiscal year, and a variety of open-enrollment and custom-designed program offerings. FEI offers residential programs on its campus in Charlottesville, VA, as well as delivers the FEI experience at selected venues nationally and internationally including locations in Washington, D.C. 2. SCOPE: In support of its mission, FEI needs a contractor to provide catering services for a senior executive development program. OPM, through the FEI, conducts periodic two-day orientation briefings and a swearing-in for new members of the career Senior Executive Service (SES). The program objectives are to familiarize new SES members with attributes of effective leadership, the general SES environment from multiple perspectives, and to strengthen their capacity to meet complex challenges of the modern era through exceptional leadership across sectors and organizations. Top level advisors to the President, Cabinet secretaries and deputies, and expert faculty have spoken at previous Briefings. Attendance at the Briefings is typically around two-hundred participants. Catering services are provided onsite in the meeting room(s) to ensure undivided attention of the executives to achieving the learning objectives that are expected from attending the program.

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3. SUMMARY OF REQUIREMENTS: The contractor shall be required to provide food and beverage service as outlined below:

3.1 Program Dates:

• The program will likely be held on Monday, June 22 – Tuesday, June, 23, 2015 from 8:00 am to 4:30 pm on the first day, and from 8 am to 2 pm on the second day, although these dates and timeframes are subject to change.

• FEI reserves the right to change or cancel these dates, and prefers vendors

who have flexible cancellation policies.

3.2 Location Requirements:

The contractor must be able to deliver catering services at a facility in the Washington, DC metropolitan area such as the United States Patent and Trademark Office (USPTO) (600 Dulany Street, Alexandria, VA) or other venue, subject to change. Vendors who can demonstrate prior experience working in and are familiar with Madison Auditorium at USPTO are preferred.

Please note: the same space that attendees will be learning in is the

same space in which food & beverages will be consumed—there are not separate learning versus dining spaces.

3.3 Catering Services Requirements: The contractor must:

• Provide food and beverage services featuring a variety of selections, including

health-conscious options.

• Provide catering services throughout the two-day senior executive briefing program at times and with protocols FEI specifies.

• Provide food and beverage service for between approximately 150 to 275 people.

• Show costs for each of the following food/beverage service options (any of which may not be exercised):

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o continental breakfast o snack/break service o coffee/tea/water beverage service throughout the day o either a hot plated lunch served via wait staff or boxed lunch served

via waitstaff, or lunch via a buffet Below is a chart connecting the above requirements to typical timeframes for the typical food and beverage services that the vendor should be able to provide:

Times (Day 1) Services Vendor Should be Able to Provide 7:45 a.m. – 9:00 a.m. Option for Light Morning Snacks (i.e.,

muffins, fruit, granola bars, etc.). This should include linens, napkins, utensils, and dishes (plates and cups)

7:45 a.m. – 4:30 p.m. Continuous beverage service This should include the option for coffee, tea, water (both still and sparkling), and soda, as well as beverage condiments such as sugar, sweetener, creamers, stirring utensils, linens, napkins, etc.

10:30 a.m. – 10: 45 a.m. Snack service (i.e., trail mix, nuts, granola bars, etc.)

11:45 – 1:00 Lunch Served boxed lunch with beverage service included. This should also include table linens, napkins, disposable utensils, the disposable box, and glass cups for drinks.

2:30 – 2:45 Snack Service (i.e., cookies, candy, nuts, fruit, etc.)

Times (Day 2) Services Vendor Should be Able to Provide 7:45 a.m. – 9:00 a.m. Option for Light Morning Snacks (i.e. muffins,

fruit, granola bars, etc.). This should include linens, napkins, utensils, and dishes (plates and cups)

8:00 a.m. – 4:30 p.m. Continuous beverage service This should include the option for coffee, tea, water (both still and sparkling), and soda, as well as beverage condiments such as sugar, sweetener, creamers, stirring utensils, linens, napkins, etc.

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10:30 a.m. – 10: 45 a.m. Snack service (i.e., trail mix, nuts, granola bars, etc.)

12:00 – 1:00 Lunch Served lunch with beverage service included. This should also include linens, napkins, utensils, and non-disposable dishes (plates and cups)

3.4 Additional Requirements

• If FEI selects the option to have lunch will served by waiters, then wait staff should be available through the vendor according to the demand of the event (based on actual attendee headcount to be provided at a later date). If FEI selects the option to have a buffet lunch available, then the vendor’s wait staff should be available to maintain and oversee the buffet. If FEI selects the option to provide boxed lunches, the vendor shall provide all packaging necessary to prepare the boxed lunches.

• Linens, dishes, silverware, etc. should be provided in the contract package. (Tables and chairs will be provided by the meeting venue.)

• Coffee/tea/water ("break service") should be provided throughout the entirety of the two day event. Beverages should be available for a range of time up to 7:45 a.m. to 5:00 p.m. or as needed both days.

4. QUALITY:

• In addition to high-quality food, the vendor should have a highly regarded reputation in their field.

• The presentation should be professional and refined for presentation to a Senior Executive audience.

• The vendor shall accommodate any special dietary needs. • The meals must be of high quality and offer a wide variety of healthy, nutritious,

and flavorful food choices throughout the program.

5. DELIVERABLES The contractor shall deliver food and beverage service for the program and clean up during and after the program is concluded each day. 6. PERIOD OF PERFOMANCE The resultant contract will be from the date of award through September 30, 2015.

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7. PLACE OF PERFORMANCE All work will be conducted at a conference facility such as the United States Patent and Trademark office or other facility in the Washington, DC metropolitan area (subject to change). 8. AWARD TYPE The government intends to issue a firm fixed price contract for catering service but to be invoiced on the basis of actual amounts of catering services selected and provided. 9. QUALITY ASSURANCE SURVEILLANCE PLAN

Deliverable Performance Standard

Acceptable Quality Level

(AQL)

Monitoring Method

Incentive / Price

Reduction

Catering Service

Meals and break services

provided as described above

All food presented in

appealing and appropriate

manner (hot/cold, etc.)

Observation and

consumption

Positive or Negative

Performance Evaluations

10. OTHER REQUIREMENTS

All vendors replying to this solicitation must fill out the attached Qualifications Summary Template form, in addition to providing evidence of how they can meet the requirements and the associated costs of delivering the requirements outlined herein.

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Catering Qualifications Summary Template

1. Name of your catering company: ______________________________________________

2. Number of years your catering company has been in business: ______________________

3. Have you catered events with 185 people (or more) before? _____ yes _____ no

4. Please explain in more detail the company’s experience catering large, formal events (especially educational conferences): ________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. Do you offer vegetarian options? _____ yes _____ no

6. Do you offer gluten-free options? _____ yes _____ no

7. Are you able to provide beverage service, including coffee, tea, sodas, and waters, throughout both days? _____ yes _____ no

8. Are you able to provide break/snack service for optional morning and/or afternoon breaks? _____ yes _____ no

9. Can you provide a menu that is for an Executive-level clientele? _____ yes _____ no

10. Can you serve lunch in the same space that is being used before and afterwards for learning (conference delivery)? _____ yes _____ no

11. Are you able to provide wait staff to serve up to 275 people? _____ yes _____ no

12. Will staff be available to set up any relevant items (such setting up and taking down the buffet, refreshing coffee service, putting table cloths on tables, cleaning up after the end of each day, etc.)? _____ yes _____ no

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13. Are you able to provide (optional) disposable plates, cups, cutlery, napkins, table cloths, etc.? _____ yes _____ no

14. Are you able to provide the option for regular (non-disposable) plates, cups, cutlery, napkins, table cloths, etc.? _____ yes _____ no

15. Has your catering company worked with federal government clients before? _____ yes _____ no

16. Will there be a point of contact onsite throughout the entirety of the event to take the lead and ensure any problems are promptly resolved? _____ yes _____ no

17. What is your cancellation policy (in the event FEI needed to reschedule/cancel the event)?

18. Have you delivered catering services at USPTO in the Madison Auditorium before? Please describe your experience.

19. Do you have experience providing catering services to learners in the same space where educational material is being delivered (i.e., no separate learning versus dining space)? Please describe the methods you use to minimize distractions and to ensure prompt service with minimal delays.

20. Can you provide a reference (preferably from the federal government)? _____ yes _____ no

21. Reference information: ________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Include name, agency, telephone number, and email address)

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OPM-Specific Clauses 1752.205-70 Announcement of Contract Award (July 2006) OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded. 1752.209-74 Organizational Conflicts of Interest (July 2005) (a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and; (2) Recommend to the Government an alternate approach which would

avoid the potential conflict, or (3) Present for approval a conflict of interest mitigation plan that will:

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(i) Describe in detail the changed requirement that creates the potential conflict of interest; and (ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503. 1752.209-75 Reducing Text Messaging While Driving (Oct 2009) (a) In accordance with Section 4 of the Executive Order, “Federal Leadership on Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to: (1) Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and (2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty. (b) For purposes of complying with the Executive Order: (1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. 1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July 2005)

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By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well. 1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005) (a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system. (b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu. 1752.223-71 Environmentally Preferable Products and Services (July 2005) (a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content. (b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423. 1752.224-70 Protecting Personally Identifiable Information (Nov 2012)

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(a) Applicability This clause applies to contractor personnel and addresses specific OPM requirements in addition to those included in the Privacy Act of 1974 (5 U.S.C. 552a - the Act). The following should not be construed to alter or diminish civil and/or criminal liabilities provided under the Act. (b) Definition of Personally Identifiable Information (PII) Personally Identifiable Information (PII) is information that can be used to discern or trace a person's identity, such as name, social security number, biometric records, and that combined with other information, can be used to compromise the integrity of agency records relating to a person, by permitting access to unauthorized disclosure of these records. For example, a name alone would generally not constitute PII, but when linked to his or her social security number, date of birth, or mother's maiden name, would constitute PII. In other words, PII refers to any information, on any medium, that identifies a specific individual whether the information is on paper or electronic. (c) Contract employees shall not remove PII from their individual assigned duty station without prior approval of their supervisor.

(d) All contract employees are personally responsible for the proper handling of PII, regardless of location. All contract employees must be:

• Responsible for the proper control and handling of PII residing on their

computer, on removable media, and on paper documents. • Responsible for ensuring portable data storage and communication devices

are properly controlled and secured at all times and ensuring the use FIPS 140-2 compliant encryption to protect information stored on digital media during transport outside of OPM controlled areas.

• Responsible for ensuring PII data at rest is encrypted in contractor and government Cloud computing environments.

• Responsible for the proper marking, control and storage of printouts and other paper documents containing PII in their possession.

(e) OPM has a policy protecting, and when appropriate, restricting sending,

copying or moving PII from the OPM network. Therefore, if the contract employees must send PII, it is the responsibility of the contractor to ensure the PII is not inadvertently disclosed to unauthorized individuals. PII must not be sent in the body of an email. Attachments containing PII must be encrypted. (f) IT Security Incident and PII Breach Protection and Notification

All security incidents that involve OPM information or information systems must be reported to the OPM Situation Room. Contractors must also report incidents to the OPM Contracting Officer. This reporting must occur immediately upon discovery of the

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incident. Incidents and breaches must be reported, even if it is believed the breach is limited, small, or insignificant. OPM’s IT security experts will determine when a breach needs additional focus and attention. The OPM Situation Room is available 24 hours per day, 365 days per year. Report the breach to the OPM Situation Room and the Contracting Officer either by phone or by e-mail; however, be sure NOT to include PII in the e-mail.

1. OPM contractors must report a breach or potential security breach to the OPM Situation Room at: [email protected], (202) 418-0111, Fax (202) 606-0624.

2. When notifying the Situation Room, copy the Contracting Officer. 3. If you have questions regarding these procedures, contact the Contracting Officer.

1752.224-71 Freedom of Information Act Requests (Sep 2009) (a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore: (1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (2) No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation. (b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein,

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may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. 1752.232-70 Invoice Requirements Large Business (Oct 2012) (a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.) (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (9) Electronic funds transfer (EFT) banking information. (i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (ii) The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) The vendor’s certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice. (11) Any other information or documentation required by the contract (e.g., evidence of shipment).

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(b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box. (c) ALL large business invoices—without exception—must have unique identifying numbers, and be submitted via e-mail to OPM’s Prompt Pay e-mail box at: [email protected] Please note that OPM cannot guarantee payment of invoices sent by any other means, such as regular mail or e-mail to other addresses. (d) Please attach only one invoice to each e-mail, and use the following format for the subject line of the e-mail: <Contractor name>&<Invoice no>&<Amount>&<Contract Number>/<Call or Order Number> Example: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000 (e) Payment due dates will only be calculated from the date that invoices are received in the Prompt Pay e-mail box. (f) Inquiries regarding payment of invoices should be e-mailed to [email protected]. The relevant invoice must be attached to the inquiry e-mail, and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (d) above. Example: INQUIRY: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000 Do NOT use the Prompt Pay e-mail box for inquiries. (g) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. 1752.232-71 Method of Payment (July 2005) (a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government.

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(b) The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award:

(1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s):

(i) to whom check payments are to be sent, and (ii) who may be contacted concerning the bank account information requested below. (2) The following bank account information required to accomplish wire transfers: (i) Name, address, and telegraphic abbreviation of the receiving financial institution. (ii) Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide: (A) Address and telegraphic abbreviation of the correspondent financial institution. (B) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds. (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number 1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (July 2012) (a) This clause implements the temporary policy provided by OMB Policy

Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (Note: OMB Policy Memorandum M-12-16 is accessible on line at: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-16.pdf.)

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(b) Upon receipt of accelerated payments from the Government, the contractor is required to pay all small business subcontractors on an accelerated timetable to the maximum extent practicable after receipt of invoice and all proper documents.

(c) Include the substance of this clause, including this paragraph (b), in all

subcontracts with small business. 1752.233-70 OPM Protest Procedures [Applicable to Solicitations Only] (Dec 2010) (a) An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed. (b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is: William N. Patterson, Director Contracting Group, FSC U.S. Office of Personnel 1900 E Street N.W., Room 1342 Washington, DC 20415 (c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO. 1752.237-70 Non-Personal Services (July 2005) (a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b) The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all

OPM2615Q0016 Page 19 of 33

communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier. 1752.239-70 Internet Protocol Version 6 (IPV6) (Nov 2012) In accordance with OPM CIO Directives, this acquisition requires all functionality, capabilities and features to be supported and operational in both a dual-stack IPv4/IPv6 environment and an IPv6 only environment. Furthermore, all management, user interfaces, configuration options, reports and other administrative capabilities that support IPv4 functionality will support comparable IPv6 functionality. Respondents are required to include in their response a letter of self-certification that their product has been tested in both a dual-stack IPv4/IPv6 and IPv6 only environment and meets this requirement. OPM reserves the right to require the respondent’s products to be tested within an OPM or 3rd party test facility to show compliance with this requirement. In accordance with FAR 11.002(g) and OPM CIO Directives, this acquisition must comply with the NIST USGv6 Profile and IPv6 Test Program.

For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an OPM function, the contractor/subcontractor is considered to be an employee of the agency.

1752.239-77 Federal Reporting Requirements (Nov2012) Contractors operating information systems on behalf of OPM must comply with Federal Information Security Management Act (FISMA) reporting requirements. Annual and Quarterly data collection will be coordinated by OPM. Contractors must provide OPM with the requested information based on the timeframes provided with each request. Contractor systems must comply with monthly data feed requirements as coordinated by OPM. Reporting requirements are determined by the Office of Management and Budget (OMB), and may change each reporting period. It is expected that all OPM contractor systems will provide OPM with all information in order for OPM to fully satisfy FISMA reporting requirements for contractor systems.

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1752.242-70 Contract Performance Information (July 2005) (a) Dissemination of Contract Performance Information The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval. (b) Contractor Testimony All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.

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52.212-1 Instructions to Offerors—Commercial Items (APR 2014) Applies to this acquisition 2. PREPARING THE TECHNICAL PORTION OF THE QUOTATION (a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the statement of objectives (SOO). Present clear and convincing evidence that you understand the scope of work as described in the SOO, and that your technical approach to accomplishing this work is sound. Include:

• A narrative describing your understanding of this requirement. • A description of your technical expertise for meeting the requirements of this

solicitation. Your narrative should, at a minimum: • Indicate the initial plan to gain an understanding of OPM’s operations needs; • Provide realistic time and staff hour and skill level estimates; and • Describe your strategy for dealing with potential significant technical,

administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.

(b) In addition to its proposed technical approach, the offeror shall summarize its corporate experience (including results) with conference service contracts similar to this solicitation that the offeror has successfully performed in the past five years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror’s current ability to accomplish the tasking in this solicitation. This summary should include:

• Firm Experience: statement of the offering firm’s level of involvement, degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of food and beverage services similar in nature to the requirements of this project.

• Management Experience: statement of the level of involvement,

degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of food and beverage services, similar in nature to the requirements of this project, including the resume (s) of the management resources that will be responsible for this project.

OPM2615Q0016 Page 22 of 33

• Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts number of resources and overall performance on efforts involving the provision of food and beverage services similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project.

(c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement:

• Name of contract or project; • Contract Number; • Role (Prime or Subcontractor); • Sponsoring Organization or Company; • Contract type; • Period of Performance; • Total Contract Value; • Contract Manager and telephone number; • Program Manager and telephone number; • Project description, scope of work performed, services or products delivered; • Major success or accomplishments, and • Major problems, lessons learned, and solution(s) applied if applicable.

(d) The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be created. Files shall use the following Page Setup parameters:

Margins – Top, Bottom, Left, Right - 1” Gutter – 0” From Edge – Header, Footer - 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

• Each paragraph shall be separated by at least one blank line. • A standard, 11-point minimum font size applies. • Tables and illustrations may use a reduced font size not less than 8-

point and may be landscape.

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Proposal page limits are as follows:

• Technical Proposal – 5 pages maximum • Price Proposal – no page limit

(e) Proposals that exceed the page limits above will be considered non-responsive and will not be given any further consideration. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. Pages that exceed the margin, font or total page limit will not be evaluated. Pages deleted due to violation of the margin or font restrictions will not count against the page limitation. Page count will NOT be based upon the numbers of pages, printed but rather dictated by the number of pages in a print layout view in the application based upon the above-prescribed document settings. Counting pages in the order they appear for viewing will make up the page count. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the proposals and not specifically excluded by the solicitation. Any index, table of contents, glossary, company brochures, floor plans, menus, etc.will not be included in the maximum page limitation.

(f) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. 3. ADDITIONAL INSTRUCTIONS FOR PREPARING THE TECHNICAL

PORTION OF THE QUOTATION

(a) Quotations which merely offer to conduct the work in accordance with the requirements of the Government’s scope of work will be considered non-responsive and will not be given any further consideration. The offeror must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(b) Evaluation of the technical portion of quotations will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Mar 2015) below.

A. INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION

PRICE INFORMATION

Offerors shall submit Firm-Fixed Price quotation responses for the delivery of meeting space and audio visual equipment. Offerors shall submit a detailed breakdown of prices

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for each deliverable. In addition, a summary total amount shall be furnished for the entire project. The business portion of the quotation must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work.

CLIN Supplies/Services Quantity Unit of Delivery

Unit Price

Total

Total

B. INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer and authorized representatives to evaluate the offer. Unless otherwise stated in this solicitation, the information may be submitted in the offeror’s own format.

C. PRICING

The vendor shall clarify for each line item if the unit price represents the vendor’s published prices, or lower.

D. SPECIAL BUSINESS QUOTATION INSTRUCTIONS The Government anticipates that the work will be performed at the Contractor’s facility.

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:

• Technical capability (knowledge, skills and direct experience) To be considered responsive and eligible for award, the offeror must meet ALL of the mandatory criteria listed below. Any proposal not meeting one or more of these criteria will be rejected and given no further consideration. You must be able to provide:

• Technical capability - quality of services and documentation of experience

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with training conferences. • Past Performance • Price

Technical and past performance, when combined, are Significantly more

important than price. (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. 1. Basis for Award The Government is conducting this source selection in accordance with the competitive negotiation source selection procedures contained in FAR Part 15. The Government anticipates awarding firm-fixed price purchase order to the responsible offerors whose proposal represents the best value to the Government, price and other factors considered. However, the government reserves the right to adjust this number depending on the outcome of the proposal evaluations. Best value as defined in FAR Part 2, is the expected outcome of an acquisition that in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Government will conduct a trade off analysis using the evaluation factors listed in Section (a) above. In performing its trade off analysis, the Government will assess the offeror’s strengths, significant strengths, weaknesses, significant weaknesses, deficiency and risks associated with each stated evaluation factor. This may result in an award to higher-priced offerors when a technical proposal represents the best value to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve only slightly superior technical capability. The Government will make this assessment through a trade-off analysis and other analytic means that involve the evaluation of superior technical capability (e.g., benefits clearly attributable to increased productivity, probability of successful contract performance, ability to control price, maintain schedule, and/or unique and innovative approaches to the work effort) versus the added cost. Overall price to the Government may become the ultimate determining factor for award of the resultant contracts as proposals become more equal based on the non-price factors. When conducting the evaluation, the Government may use information provided by the offeror in their proposals, as well as information obtained from the offeror's past

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performance information. Each offeror is responsible for ensuring that the information provided is thorough, accurate, and complete. The Government reserves the right to evaluate proposals and award contracts without discussions with the offerors, with the exception of clarifications as described in FAR 15.306(a). Evaluations may be based on the offeror’s initial proposal. Therefore, the offeror's proposal should contain the offeror’s most advantageous proposal from a technical and price standpoint. If a competitive range is established, the Government may limit the number of proposals to the greatest number which will permit an efficient competition among the most highly-rated proposals. 2. Price Price will be assessed for completeness, reasonableness, price realism and affordability. Price will not be given a specific rating, but will be evaluated and provided to the Contracting Officer as part of the integrated assessment and tradeoff analysis of proposals leading to selection of the best value offerors. All evaluation factors other than cost or price, when combined are significantly more important than cost or price. 3. Past Performance Offerors with no past performance will result in an assignment of a neutral/unknown confidence rating, which will indicate neither a FAVORABLE nor UNFAVORABLE evaluation rating. 4. Discussions The Government will evaluate proposals and may award without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

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5. Exchanges Exchanges with offerors after receipt of proposals do not constitute a rejection or counter offer by the government

6. Final Proposal Revision (FPR) If discussions are held with offerors in the competitive range, they will be conducted by the Contracting Officer (CO) in accordance with FAR Part 15. When the CO closes the discussion process, the CO will issue a Call in writing, for FPR to all offerors remaining in the competitive range. Specific submission instructions for the FPR will be contained in the CO’s Call for FPR 7. Competitive Range Determination OPM will evaluate all proposals in accordance with FAR Subpart 15.305(a), and, if discussions are to be conducted, establish the competitive range. Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency. After evaluating all proposals in accordance with FAR Subpart 15.305(a), the contracting officer may determine that the number of most highly rated proposals that might otherwise be included in the competitive range exceeds the number at which an efficient competition can be conducted. For this solicitation, the competitive range can be limited for purposes of efficiency should the contracting officer find it necessary to limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 8. Negotiation After the establishment of the competitive range, the Government may conduct negotiations. Negotiations are exchanges between the Government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. Discussions are tailored to each offeror’s proposal, and must be conducted by the contracting officer with each offeror within the competitive range. The contracting officer is not required to discuss every area where the proposal could be improved. The scope and extent of discussions are a matter of contracting officer judgment. If, after discussions have begun, an offeror originally in the competitive range is no longer considered to be among the most highly rated offerors being considered for award, that offeror may be eliminated from the competitive range whether or not all material aspects of the proposal have been discussed, or whether or not the offeror has been afforded an opportunity to submit a proposal revision.

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9. Best Value Determination The Government intends to award a contract to the responsible contractor whose proposal represents the overall best value in that their proposal is the most advantageous to the Government and proposed prices are realistic, fair and reasonable. 52.212-3 Offeror Representations and Certifications—Commercial Items (Mar 2015) 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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

52.212-4 Contract Terms and Conditions—Commercial Items (May 2015). Incorporated by reference.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)

clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77

and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-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). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

OPM2615Q0016 Page 30 of 33

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793). __ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78

and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN

2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_X_ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the

provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive

Order 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)