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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 17, 2014 FBO #4680
SOLICITATION NOTICE

D -- PIPS Kodak Scanners

Notice Date: 9/15/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 811212 — Computer and Office Machine Repair and Maintenance
Contracting Office: Office of Personnel Management, Facilities, Security and Contracting, Contracting, 1900 E Street, N.W., Room 1342, Washington, District of Columbia, 20415-7710, United States
ZIP Code: 20415-7710
Solicitation Number: OPM32-14-R-0053
Archive Date: 10/3/2014
Point of Contact: Carrie M. Lopez, Phone: 2026066027
E-Mail Address: carrie.lopez@opm.gov
(carrie.lopez@opm.gov)
Small Business Set-Aside: N/A
Description: COMBINED SYNOPSIS/SOLICITATION Contracting Office Address: The U.S. Office of Personnel Management 1900 E Street, NW Rm. 1342 Washington, D.C. 20415 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; Proposals are being requested and a written solicitation will not be issued. The Solicitation number is OPM32-14-R-0053 and is issued as a Request for Proposal (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-76 effective August 25, 2014. The North American Industrial Classification System (NAICS) code is 811212, and the small business size standard is $27.5 million. This procurement is set-aside for exclusively for small businesses. The United States Office of Personnel Management (OPM), Chief Information Office (CIO), has a requirement to procure maintenance on Kodak scanners used in support of the Personnel Investigations Processing System (PIPS) program. Offerors are invited to submit their proposals to OPM Contracting in response to this notice by 12:00 PM Eastern Standard Time (EST), September 18, 2014. Only e-mailed requests for additional information will only be accepted at Carrie.Lopez@opm.gov through 12:00 PM EST, September 17, 2014. 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 Carrie.Lopez@opm.gov. Vendors not registered in the System for Award Management (SAM) database at the time the requirement is to be awarded will not be considered. Vendors may register with SAM by accessing www.sam.gov. If an offeror does not meet the requirements of filing a VETS100/100A report, the offeror must provide a screenshot from the USDOL website that VETS100/100A reporting is not required with the offeror's proposal. The Office of Personnel Management intends to award one (1) Firm Fixed Price Contract for the maintenance on the Kodak scanners to the offeror that represents the Best Value to the Government. All communications shall be directed within the stated deadlines to the attention of: Name: Carrie M. Lopez Title: Contract Specialist Carrie.Lopez@opm.gov U.S. Office of Personnel Management 1900 E Street NW Washington, DC 20415 NOTE: COMMUNICATIONS WITH OFFICIALS OTHER 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 CONSIDERATION. Kodak Scanner Maintenance Maintenance is required for the following machines: Model # Serial # K-Number Location: i260 12808186 4290-7606 1137 Branchton Road, Boyers PA 16018 i260 12820810 4552-6225 1137 Branchton Road, Boyers PA 16018 i260 12818792 4552-6045 1137 Branchton Road, Boyers PA 16018 i260 12811659 4198-9976 1137 Branchton Road, Boyers PA 16018 i260 12811660 4201-8307 1137 Branchton Road, Boyers PA 16018 i1860 45706230 4570-6230 1137 Branchton Road, Boyers PA 16018 i1860 45706229 4570-6229 1137 Branchton Road, Boyers PA 16018 i1860 45706993 45706993 1137 Branchton Road, Boyers PA 16018 i260 12308085 4194-6865 1900 E Street, NW Washington DC 20415 i1860 45707149 45707149 1900 E Street, NW Washington DC 20415 i1860 45707153 45707153 601 10th Street, Fort Meade MD 20755 i1860 45707154 45707154 601 10th Street, Fort Meade MD 20755 i1860 45706937 45706937 1137 Branchton Road, Boyers PA 16018 i1860 45706913 45706913 1137 Branchton Road, Boyers PA 16018 i1860 45706964 45706964 1137 Branchton Road, Boyers PA 16018 i1860 45706997 45706997 1137 Branchton Road, Boyers PA 16018 i1860 45706990 45706990 1137 Branchton Road, Boyers PA 16018 i1860 45706998 45706998 1137 Branchton Road, Boyers PA 16018 i1860 45706966 45706966 1137 Branchton Road, Boyers PA 16018 i1860 45706965 45706965 1137 Branchton Road, Boyers PA 16018 6. PERIOD OF PERFOMANCE The Period of Performance shall be for a period of five years (base year plus four one-year option periods) beginning October 14, 2014 THROUGH October 13, 2019. 7. PLACE OF PERFORMANCE The contractor will not have to perform any work onsite at OPM. 8. AWARD TYPE The Government intends to award one (1) Firm Fixed Price Contract. 9. QUALITY ASSURANCE SURVEILLANCE PLAN The resultant contract will be for maintenance only and controls are in place to measure quality during the performance of this contract. 10. OPM SPECIFIC CLAUSES Attachment 1 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: (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. 1752.222-71 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. Y our 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 (Feb 2013) (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 13514. 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, 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). (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 p ayment 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: PromptPay@opm.gov 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 InvoiceInquiries@opm.gov. 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 Payme nt (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. (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 1752.232-73 Small Business Invoice Requirements (October 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). (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 p ayment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box. (c) ALL small business invoices-without exception-must have unique identifying numbers, and be submitted via e-mail to OPM's Small Business Invoice e-mail box at: SmallBusinessInvoices@opm.gov 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 Small Business Invoice e-mail box. (f) Inquiries regarding payment of invoices should be e-mailed to InvoiceInquiries@opm.gov. 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. 1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (Oct 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.) (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 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. 1752.239-73 Section 508 Standards (Feb 2013) (a) All electronic and information technology (EIT) procured through this RFQ must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/sec508/508standards.htm. (b) The following standards have been determined to be applicable to this RFQ: (1) 1194.21. Software applications and operating systems. (2) 1194.22. Web-based intranet and Internet information and applications. (3) 1194.23 Telecommunications products. (4) 1194.24 Video and multimedia products. (5) 1194.25 Self Contained, closed products (6) 1194.26 Desktop and portable computers. (7) 1194.31 Functional performance criteria. (8) 1194.41 Information, documentation, and support (c) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future (d) OPM is required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), to offer access to electronic and information technology for disabled individuals within its employ, and for disabled members of the public seeking information and services. This access must be comparable to that which is offered to similar individuals who do not have disabilities. Standards for complying with this law are prescribed by the Architectural and Transportation Barriers Compliance Board ("The Access Board"). (e) The current deliverable(s) must incorporate these standards as well as any agency specific standards developed by OPM. The attached technical description contains further information on how this is to be done. Your response to the solicitation should contain documentation of your compliance with these standards. However, the Contracting Officer may request additional technical documentation, if necessary to make this determination. (f) The final work product must include documentation that the deliverable conforms with the Section 508 Standards promulgated by the US Access Board. (g) In the event of a dispute between you and OPM, then OPM's assessment of the Section 508 compliance will control and you will need to make any additional changes needed to conform with OPM's assessment, at no additional charge to OPM. 1752.239-74 OPM and Federal Security Policies (Nov 2012) Information systems and system services provided to OPM by any contractor or other Government organization (hereafter referred to as 'contractor') must comply with current OPM security policies and guidance. The contractor shall meet and comply with all OPM IT Security Policies described in the OPM Security and Privacy Policy Handbook and all other current OPM security polices and security guidance approved for use at the time of contract approval. Contractors are also required to comply with current Federal regulations and guidance found in; the Federal Information Security Management Act (FISMA), the Privacy Act of 1974, the E-Government Act of 2002, Section 208, National Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS) and the 800-Series Special Publications (SP), Office of Management and Budget (OMB) memorandum, and other relevant Federal laws and regulations that OPM must comply with 1752.239 - 75 Minimum Information System Security Requirements (Nov 2012) (a) Contractor and federal systems must adhere to minimum security requirements following the guidance provided in NIST's FIPS publication 200, Minimum Security Requirements for Federal Information and Information Systems and the corresponding security controls described in the current version of NIST Special Publication 800-53, Recommended Security Controls for Federal Information Systems and Organizations. (b) Federal Information Processing Standard (FIPS) publication 199 must be utilized to determine the security categorization (High, Moderate, or Low) for OPM and contractor systems. OPM must determine the categorization for contractor systems. The security categorization, as determined by OPM, must be utilized to identify the security control baseline requirements. The security requirements are the controls baseline, as defined in NIST SP 800-53. 1752.239-76 Security Assessment and Authorization (Nov2012) (a) All information systems that input, store, process, and/or output OPM information must be authorized to operate by an Authorizing Official (AO) prior to operation either as a stand-alone system or included as a sub-system or component of another system for authorization. Only an Authorizing Official (AO) may authorize an information system to operate. AOs must be Government employees. Contractors must adhere to current OPM security Assessment and Authorization (A&A) policies, procedures, and guidance for security A&A activities. (b) Security authorization documentation must be developed with the use of OPM security documentation templates. Templates are available for all security documentation including; System Security Plan, FIPS 199 Security Categorization, Security Assessment Report, and Contingency Plan. The OPM authorization checklist must be followed throughout the security authorization process to ensure proper oversight from OPM Information Technology Security and Privacy (ITSP) program. (c) Prior to Security Assessment and Authorization, a Privacy Threshold Analysis (PTA) for all systems must be completed and provided to the OPM Privacy Officer for a determination. If determination is made that a Privacy Impact Assessment (PIA) is required, it must be completed in accordance with the OPM Privacy Impact Assessment Guide. •1752.239-77 Privacy Act Compliance (Nov 2012) (a) Contractors must comply with the Privacy Act of 1974 rules and regulations in the design, development, or operation of any system of records on individuals to accomplish an OPM function for a System of Records (SOR) [1]. (b)In the event of violations of the Act, a civil action may be brought against OPM involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an OPM function, and criminal penalties may be imposed upon the officers or employees of OPM when the violation concerns the operation of a SOR on individuals to accomplish an OPM function. 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. 1752.242-70 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. Attachment Contractor Staffing Change Report Contract/Order/Call Number: ________________ Employees who left the contract in the past 60 days: (If no employees have left the contract during this period, indicate "none in the column labeled "last name.") Last Name First MI Date Separated Employees who joined the contract in the past 60 days: (If no employees have joined the contract during this period, indicate "none in the column labeled "last name.") Last Name First MI Date Separated Manager's Certification: Contract Number: Company Name: Project Manager (Please Print): Date: Project Manager's Signature Date 52.212-1 Instruction to Offerors- Commercial Items, (Apr 2014) Is incorporated by Reference. PREPARING THE TECHNICAL PORTION OF THE PROPOSAL (a) An offeror's proposal m ust de m onstrate their ability to provide the full range of items as detailed in the Bill of Materials (BOM). To be deemed technically acceptable the contractor MUST be able to provide all of the items detailed in the BOM. (b) Quotations which merely offer to conduct the work in accordance with the requirements of the Government's scope of work will be considered nonresponsive and will not be given any further consideration. (c) Evaluation of the technical portion of proposals will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212- 2 - Evaluation, below. •1. PREPARING THE BUSINESS PORTION OF THE QUOTATION •A. PRICE INFORMATION Offerors shall submit Firm-Fixed Price quotation responses for all deliverables with a summary total amount for the entireBOM. •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. FAR 52.212-2 Evaluation-Commercial Items (JAN 1999) (a) The Government will award a firm-fixed price 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 and are in descending order of importance: •· Ability to Meet the Specification of the BOM •· Past Performance •· Price This procurement is being conducted utilizing the Best Value Approach and the Lowest Price Technically Acceptable method. To be considered for award quotations must be deemed technically acceptable by meeting all of the requirements set forth in the Bill of Materials. •(a) 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 A w ard The Govern m ent is conducting this procurement in acc o r d ance with t h e co m petiti v e negotiation source sele c tion procedures contained in FAR P a rt 15. The Govern m ent anticipates awarding a firm-fixed price contract to the responsi b le offeror whose quotation represents the best value to the Government, and who is deemed technically acceptable. Best value as defined in FAR Part 2, is the expected outcome of an acquisition that in the Gove r nment's estimation, provides the greatest overall ben e fit in respo n se to t h e re q uirement. The Government will be conducting this procurement by using the Lowest Price Technically Acceptable method. W h e n conducting the evaluation, the Govern m ent m ay use information provided by the offeror in their proposals, as well as information obtained from the offeror's past performance information. Each offeror is resp o nsible for ensuring that the infor m ation provided is thorough, accurate, a n d co m plete. 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 offeror. 3. Past Performance Offe r ors with no past perf or mance will r esult in an as si gnment of a neutral/unknown confidence r a ti n g, which will indicate n either a FAVORABLE nor U N FAVORABLE evaluation rating. In additio n, if a Joint Ventures (JV) does not have any past performance as a JV or if the individual companies that comprise the JV do not have any past perf or mance, then the JV will receive a neutral/unknown confidence rating. If the indiv i dual members do have past performance expe r ience, then that performance will be e valuated on b e half of the J oint Vent u r e. If t h e Joi n t Venture a c ts as the Prime, but has subcontractors, the subcontractor's past performance ( if there is a ny) will also be used in the evalu a ti o n. 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. 9. Best Value Determination The Government intends to award a firm-fixed price contract to the responsible offeror whose proposals represent the overall best value in that those proposals are the most advantageous to the Government and proposed prices are realistic, fair and reasonable. 52.212-3 Offeror Representations and Certifications-Commercial Items (May 2014) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. 52.212-4 Contract Terms and Conditions- Commercial Items (May 2014) Is incorporated by Reference. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jul 2014) (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) ( 22 U.S.C. 7104(g) ). ___Alternate I (Aug 2007) of 52.222-50 ( 22 U.S.C. 7104(g) ). (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 ) (Pub. L. 108-77, 108-78). (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. 253g and 10 U.S.C. 2402 ). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 ( 41 U.S.C. 251 note )). __ (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 (Aug 2012) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). _X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (11) [Reserved] _X_ (12)(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). __ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) ( 15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) ( 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 (Jul 2010) of 52.219-9. _X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.C. 644(r) ). _X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns ( Oct 2008 ) ( 10 U.S.C. 2323 ) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) ( 15 U.S.C. 632(a)(2) ). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) ( 15 U.S.C. 637(m) ). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) ( 15 U.S.C. 637(m) ). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)( 38 U.S.C. 4212 ). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). _X_ (32) 52.222-37, Employment Reports on Veterans ( Sep 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (34) 52.222-54, Employment Eligibility Verification ( Jul 2012 ). (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) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products ( Dec 2007 ) (E.O. 13423). __ (ii) Alternate I ( Dec 2007 ) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). _X_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) ( 41 U.S.C. 10a-10d ). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) ( 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 (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements ( Nov 2012 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) ( 31 U.S.C. 3332 ). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) ( 31 U.S.C. 3332 ). __ (49) 52.232-36, Payment by Third Party (Feb 2010) ( 31 U.S.C. 3332 ). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 351, et seq. ). _X_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) ( 41 U.S.C. 351, et seq. ). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 ( 41 U.S.C. 251 note )). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) ( 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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) ( 38 U.S.C. 4212 ). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) ( 22 U.S.C. 7104(g) ). ___Alternate I (Aug 2007) of 52.222-50 ( 22 U.S.C. 7104(g) ). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 U.S.C. 351, et seq. ). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) ( 41 U.S.C. 351, et seq. ). (xii) 52.222-54, Employment Eligibility Verification ( Jul 2012 ). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years six months. 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. (End of clause) [1] "System of Records" is defined as a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
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