Office of Personnel Management (OPM) SES Orientation Briefing
Title: Office of Personnel Management (OPM) SES Orientation Briefing
Classification Code: NAICS Code: 722320 - Catering
Procurement: Purchase Order (PO) for Commercial Services
DESCRIPTION:
This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102(g) and in the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a separate written solicitation will not be issued. The Solicitation number is: 24361818R0001 and is issued as a Request for Proposals (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through FAC Number/Effective Date: FAC 05-95 01/19/17
The Office of Procurement Operations (OPO), on behalf of the Office of Personnel Management (OPM) Federal Executive Institute (FEI), part of the Center for Leadership Development (CLD) under Human Resources Solutions (HRS), is requesting proposals for SES Orientation Briefing related services as specified herein. The NAICS code for this procurement is 722320 - Catering. This solicitation is being issued on a restricted basis as a women-owned, small business. This solicitation has a location restriction for logistical reasons for a women-owned, small business that is within a twenty (20) mile radius from the performance location of the Madison Auditorium, located at the United States Patent and Trademark Office (USPTO), 600 Dulany Street, Alexandria, VA 22314. This venue does not have access to a kitchen or staging location.
Proposals will be accepted up to 4:00 P.M., Eastern Standard Time on Tuesday, October 24, 2017
CONTRACTING OFFICE ADDRESS AND POINTS OF CONTACT (POC):
The U.S. Office of Personnel Management
Office of Procurement Operations (OPO)
1900 E Street NW
Washington DC 20415
PRIMARY
Laurie Griffin
Contract Specialist
OPOTeamCmailbox@opm.gov
SECONDARY
Merwin Charles
Contracting Officer
OPOTeamCmailbox@opm.gov
COMMUNICATIONS AND QUESTIONS:
All communications and questions concerning this solicitation including requests for clarification shall be made in writing to Laurie Griffin at OPOTeamCmailbox@opm.gov. OPM’s response will be answered and provided to all offerors via posting on www.fbo.gov . Vendors are encouraged to actively monitor said site for updates. Same/similar questions will be grouped together for a single response Responses to questions will not reference the inquiring interested vendor. Questions will be accepted until 2:00PM EST on Friday, October 20, 2017 and responses will be provided on the www.fbo.gov site.
For submission of questions and comments, refer to the specific text of this solicitation and use the following header in the email subject line:
Subject: RFP No. 24361818R0001 – Office of Personnel Management (OPM) SES Orientation Briefing
Kindly include a reference in the following format:
RFP Section , Paragraph(s) , Page(s) .
Offerors are solely responsible for ensuring their offer is received at the designated place and time for receipt of offers.
As soon as an offeror is aware of any problem or ambiguity in the specifications, terms or conditions, instructions or evaluation criteria of this solicitation, they must notify the OPM Contracting Points of Contact (POCs) listed above.
NOTE: Communication with officials other than the POC’s referenced above may compromise the competitiveness of this acquisition and result in the cancellation of the solicitation and/or exclusion of your proposal.
PROPOSAL EVALUATION:
OPM will use FAR Part 12.203 procedures for solicitation, evaluation, and award in conjunction with simplified acquisition procedures under FAR Part 13. OPM will use a best value based approach to select an awardee considering both non-price and price related factors.
The evaluation of proposals will cover these non-price related factors: technical approach and past performance (Catering Qualifications Summary Template).
The non-price related factors, when combined, are significantly more important than total price. A pricing worksheet (attached to FedBizOpps announcement) shall be completed as part of vendor proposal. The Pricing worksheet and the Catering Qualifications Summary Template should be submitted as separate attachments. Additionally, refer to Section C for additional deliverables.
NON-PRICE FACTORS:
Evaluation of the technical portion of proposals will be conducted by a technical review panel in accordance with the evaluation criteria stated in FAR Clause 52.212-2, Evaluation - Commercial Items (Oct 2014) below in the “Non-Price Evaluation Factors”
NON-PRICE RELATED FACTOR ONE: TECHNICAL APPROACH
(a) The offeror shall include in its proposal a discussion of the offeror's proposed technical approach to respond to the requirements in the requirements section of this document. Present clear and convincing evidence of a thorough understanding the scope of work as described in the SOO, and a sound low risk technical approach to accomplishing this work. Include:
· A narrative describing your understanding of this requirement.
o A mere restatement of the requirements defined in Section C will be evaluated less favorably.
· A description of your technical expertise for meeting the requirements of this proposal. Your narrative should include, at a minimum:
o Indicate the initial plan to gain an understanding of OPM’s operation’s needs;
o Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines.
· Vendor should state they have availability for Tuesday, November 28, 2017 from 7:45 a.m. to 5:00 p.m. and Wednesday, November 29, 2017 from 7:45 am to 5:00 pm. at minimum.
(b) The offeror should describe its capability of meeting the required services as described in the SOO.
NON-PRICE RELATED FACTOR TWO: PAST PERFORMANCE- Catering Qualifications Summary Template
This non-price evaluation factor measures the quality of an offeror’s experience in performing projects similar in size, scope and complexity to those described in this solicitation. Catering Qualifications Summary Template shall be completed fully and submitted with the proposal as a separate file. The Government will utilize the Catering Qualifications Summary Template submitted with the solicitation and other available sources to assess the quality of work performed on relevant projects.
FACTOR THREE: PRICE:
Offerors shall submit Firm-Fixed Price proposals for prices described in Section B and reflected in the pricing worksheet attachment. Contractors must complete the attached pricing worksheet provided in an additional attachment on the www.fbo.gov site. Please provide any additional price related information in the pricing portion of the proposal. Additional information must contain sufficient information to allow the Government to perform a basic analysis of the proposed price of the work. Offerors are instructed to submit their best and final prices for each line in the price worksheet.
PROPOSAL PREPARATION INFORMATION:
Proposal information must be provided in two separate volumes, and they are:
1) Technical Information (No more than 5 pages)
a. Technical Approach
b. Past Performance- Catering Qualifications Summary Template
2) Price related information
a. Pricing worksheet
Proposals shall also include the following information in addition to all other necessary information as described elsewhere in this RFP:
1) RFP number 24361818R0001
2) Time specified for receipt of offers.
3) Name, address, telephone number, and email address of offeror.
4) Price for each line item in the requirement given above and any discount terms, including discounts for prompt payment.
5) Prospective contractors must be registered in the System for Award Management (SAM) database. Information regarding SAM requirements may be obtained at www.sam.gov.
6) The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt shall not be considered.
Offers that fail to furnish the required information and representations, or those which reject the terms and conditions of the solicitation will be evaluated less favorably.
If the offeror is proposing subcontractors, proposal responses shall include a Contractor Teaming Arrangement (CTA) between no more than two partners. A copy of the CTA Agreement must be provided in response to this solicitation. The CTA Agreement must contain all of the elements identified below and be in accordance with Federal Acquisition Regulations (FAR) 9.6 Contractor Teaming Arrangements. Specifically, the CTA Agreement shall:
• Identify the Team Lead and no more than one additional Team Member;
• Identify the Team Member who shall be exclusively responsible for performance and successful delivery of all requirements within this solicitation
• Team Lead shall not limit any rights of OPM to work directly with the other Team Member
CTA’s which are not in affirmative agreement with the above items are not in conformance with this solicitation and shall be evaluated less favorably.
Subcontracting/CTA/JV is NOT required in order for an offeror to submit a proposal response, and/or be awarded a contract. However, offerors may consider subcontracting/CTA/JV’s that are in accordance with FAR and solicitation requirement stated herein as a means to more fully meet the requirements.
Rules concerning subcontracting: The Government considers the prime offeror and subcontractors as a single entity. Therefore, the prime contractor must demonstrate the capability of performing the required services. Post-award changes shall not be considered.
Rules concerning CTAs: The Government considers team members to be separate entities. Therefore, the team members must demonstrate the capability of providing/performing the required products/services. However, the Team Lead commits to meeting all requirements of this solicitation and the proposed technical response. Post-award changes shall not be considered.
Rules concerning Joint Ventures: A Joint Venture is equivalent to a single entity and will be considered as one (1) company. Offerors proposing as a Joint Venture shall submit their agreement. Post-award changes shall not be considered.
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 General
The awarded vendor shall provide all items as defined with Section-C Statement of Objectives (SOO) at the place of performance identified.
B.2 Purchase Order (PO) Clauses
For all commercially applicable clauses please see “Attachment One- Provisions and Clauses” of this combined solicitation/synopsis.
B.3 Contract Line Item Number (CLIN)
Complete the “Pricing Worksheet” attached in the www.fbo.gov package.
SECTION C - STATEMENT OF OBJECTIVES
U.S. Office of Personnel Management (OPM) SES Orientation Briefing
(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 the Center for Leadership Development (CLD) under 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 the FEI SES Leading EDGE portfolio delivered in Washington D.C. area, 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 delivers 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 the government-wide SES Orientation Briefing scheduled for November 28 - 29, 2017 at the U.S. Patent and Trademark Office’s Madison Auditorium, Alexandria, VA. The SES Orientation Briefing is a program under the OPM FEI SES Leading EDGE Senior Executive development portfolio.
SES Leading EDGE seeks to strengthen the Federal Senior Executives throughout all phases of the Senior Executive life cycle. Other portfolio objectives include enhancing cross-agency collaboration, delivering better government performance and greater value for taxpayers, and elevating esprit de corps and ideals of service.
The SES Orientation Briefings are two-day programs held twice per year in conjunction with the White House Presidential Personnel Office. The Briefings aim to:
· Accelerate the success of Senior Executives in their first two years of executive service.
· Orient new Senior Executives to their enterprise-wide role and environment.
· Provide practical advice on the unique challenges new Senior Executives face.
· Explore the career SES role as the link between top Presidential appointees and the rest of the Federal workforce.
The SES Orientation Briefings are offered only to career Senior Executive Service (SES), SES Equivalents, Senior Leader (SL), and Scientific and Professional (ST) members from across the Federal government. Speakers typically include top level advisors to the President, Cabinet secretaries and deputies, and expert faculty and thought leaders from the private, public, and nonprofit sectors and academia.
The maximum number for catering (food service) support is 280, accounting for a maximum 250 Senior Executive participants, plus FEI staff, faculty, volunteers, and presenters.
Catering services are provided onsite in the Madison Auditorium to ensure the undivided attention of the executives in order to achieve Briefing learning objectives and for efficiency and economy objectives as the Madison Auditorium and accompanying conference services are provided at no cost to FEI. The Briefing agenda and learning process employ working and networking lunches to maximize networking and learning opportunities. These require a very rapid and unobtrusive distribution and clearing of boxed lunches while participants are engaged in exercises and discussions at their tables
3. SUMMARY OF REQUIREMENTS:
The contractor shall be required to provide food and beverage service as outlined below:
3.1 Program Dates:
· Support for the Briefing is planned for Tuesday, November 28, 2017 from 7:45 a.m. to 5:00 p.m. and Wednesday, November 29, 2017 from 7:45 am to 5:00 pm. These dates and timeframes are subject to change.
· At least 45 days prior to the event, FEI will notify the contractor to:
o Confirm the event date, hours, and location.
o Estimate the maximum number requiring food service support.
o Identify the type of food and beverage service required and the menu.
· 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 participants will eat in the same space, the Madison Auditorium where the Briefing is being delivered -- there are not separate learning and dining spaces.
3.3 Catering Services Requirements: The contractor must:
Provide food and beverage services featuring a variety of selections, including health-conscious options. For example:
Box lunch options would include a red meat, white meat, salad with salmon/chicken, vegan, and gluten free.
Special dietary needs, such as diabetic and kosher options, sometimes at the last minute.
Provide catering services throughout the two days of the Briefing at times and with protocols FEI specifies.
Provide food and beverage service for approximately 190 to 280 people.
Show costs for each of the following food/beverage service options (any of which may not be exercised):
Continuous break service -- Coffee/tea/water/soda beverage service throughout the day with Day 1 afternoon addition to the beverage service of nuts and cookies.
Boxed lunch served via wait staff, with support of FEI staff
Navy blue table cloths for participant round tables and two beverage stations, placed during set-up and changed at the end of Day 1.
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. – 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.
refreshing items, such as trail mix, nuts, granola bars, etc. to the beverage tables
11:45 a.m. – 1:00 p.m.
Lunch (will confirm exact times the week prior)
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 p.m. – 2:45 p.m.
Add limited cookies, nuts, fruit, etc. to beverage tables
Times (Day 2)
Services Vendor Should be Able to Provide
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.
Add limited refreshing items, such as trail mix, nuts, granola bars, etc. to beverage tables
11:45 a.m. – 1:00 p.m.
Lunch (will confirm exact times the week prior)
Served boxed lunch with beverage service included.
This should also include table linens, napkins, disposable utensils, the disposable box, and glass cups for drinks.
3.4 Additional Requirements
The vendor will provide adequate wait staff based on actual boxed-lunch headcount to ensure rapid delivery of the boxed lunches.
The vendor shall bring adequate number of carts to support lunch delivery. FEI recommends a minimum number of five (5) carts based on past experience.
Color-code the lunch boxes (e.g. with stickers or markings) to match menu card colors that the participants will display at their tables. FEI will provide the colors based on the agreed to menu.
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/soda ("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, possibly at the last minute.
The meals must be of high quality and offer a wide variety of healthy, nutritious, and flavorful food choices throughout the program.
It is important catering staff and support personnel avoid disrupting the learning process. This means opening and breaking down boxes in a prep area outside the learning space, limiting conversations near entrances, and referring questions to FEI employees.
5. DELIVERABLES
The contractor shall deliver food and beverage service during the program and clean up during and after the program is concluded each day.
6. PERIOD OF PERFOMANCE
The contract will run from the date of award through December 31, 2017.
7. PLACE OF PERFORMANCE
Work will be conducted at the Madison Auditorium, United States Patent and Trademark Office, Alexandria, VA, or another facility in the DC area.
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 should 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.
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 for a senior executive audience): ________________________________________________________________________________________________________________________________________________________________________________________________________________________
5. Do you offer vegetarian options? _____ yes _____ no
6. Do you offer gluten-free options? _____ yes _____ no
7. Are you able to accommodate special dietary requirements, sometimes at the last minute? _____ yes _____ no
8. Are you able to provide beverage service, including coffee, tea, sodas, and waters, throughout both days? _____ yes _____ no
9. Are you able to provide break/snack service for optional morning and/or afternoon breaks? _____ yes _____ no
10. Can you provide a menu that is for an Executive-level clientele? _____ yes _____ no
11. Can you serve lunch in the same space that is being used before and afterwards for learning (conference delivery)? _____ yes _____ no
12. Are you able to provide wait staff to serve up to 275 people? _____ yes _____ no
13. 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
14. Are you able to provide (optional) disposable plates, cups, cutlery, napkins, table cloths, etc.?
_____ yes _____ no
15. Are you able to provide the option for regular (non-disposable) plates, cups, cutlery, napkins, table cloths, etc.?
_____ yes _____ no
16. Has your catering company worked with federal government clients before? _____ yes _____ no
17. 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
18. What is your cancellation policy (in the event FEI needed to reschedule/cancel the event)?
19. Have you delivered catering services at USPTO in the Madison Auditorium before? _____ yes _____ no If yes, please describe your experience.
20. 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.
21. Can you provide a reference (preferably from the federal government)?
_____ yes _____ no
22. Reference information: ________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Include name, agency, telephone number, and email address)
ATTACHMENT ONE- PROVISIONS AND CLAUSES
Solicitation Provisions:
1. FAR 52.212-1 Instructions to Offerors—Commercial Items (Oct 2016) is incorporated by reference.
2. FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
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:
NON-PRICE RELATED FACTOR ONE: TECHNICAL APPROACH
NON-PRICE RELATED FACTOR TWO: PAST PERFORMANCE- Catering Qualifications Summary Template
PRICE
Non-Price Related Factors are listed in descending order of importance and, when combined, are significantly more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
3. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JAN 2017)
The offeror must complete this provision. If the offeror has already completed annual representations and certifications at https://www.sam.gov , then only paragraph (b) of this provision needs to be filled out. If the offeror has not completed annual representations and certifications, then paragraphs (c) through (u) of this provision must be filled out.
4. FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) is incorporated by reference.
Contract Clauses:
1. FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017) is incorporated by reference.
2. FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) is incorporated by reference.
3. .FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[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).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).
___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_X_ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
4. FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) is incorporated by reference.
5. FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
6. OPM-Specific Clauses:
The following definitions apply to this contract:
a. Information: This term is synonymous with the term Data. Both terms refer to single or multiple instances of any recorded or communicated fact or opinion being stored or transferred in any digital or analog format or medium.
b. Controlled Unclassified Information (CUI): This term refers to that sub-category of Information where the loss, misuse, or unauthorized access or modification could adversely affect the national interest or the conduct of federal programs, or the privacy to which individuals are entitled under 5 USC Section 552a (the Privacy Act) that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
c. Personally Identifiable Information (PII): This term refers to that sub-category of CUI that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.
d. Information System: This term refers to a system composed of people and equipment that processes or interprets Information.
e. Information Technology (IT) System: This term refers to that sub-category of Information System composed of hardware, software, data, and networks that processes or interprets Information.
f. Information Security Incident (ISI): This term refers to any event that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of any Contractor or Government Information or Information Systems.
g. Record:
(1) For the purpose of Records Management, this term refers to all recorded Information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transactions of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the US Government or because of the informational value of the data in them.
(2) For the purpose of the Privacy Act, this term refers to any item, collection, or grouping of Information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, or criminal or employment history, and that contains the person's name, or the identifying number, symbol, or other identifier assigned to the individual, such as a fingerprint, voiceprint, or a photograph.
h. System of Records on individuals: This term refers to a group of any Records from which Information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to the individual.
i. Operation of a System of Records: This term refers to the performance of any of the activities associated with maintaining the System of Records, including the collection, use, and dissemination of Records.
j. Privileged User: This term refers to a user that is assigned an organization-defined privileged role that allows that individual to perform certain security-relevant functions that ordinary users are not authorized to perform. These privileged roles include, but are not limited to, IT system development, key management, account management, network and system administration, database administration, and web administration.
(End of Clause)
a. Applicability
(1) This clause applies to the Contractor, its subcontractors and teaming partners, and employees (hereafter referred to collectively as “Contractor”).
(2) These requirements are applicable to all Information, regardless of medium, maintained by the Contractor for the performance of this contract.
(3) These requirements are in addition to all applicable requirements established by the Privacy Act of 1974 (5 U.S.C. 552a); and to all other requirements established by various Federal statutes, mandates, and Executive Orders for the management and security of Information and Information Systems. The following additional requirements should not be construed to alter or diminish civil and/or criminal liabilities provided under the Privacy Act or any other applicable Federal statutes.
b. Authorization to Handle Controlled Unclassified Information (CUI)
(1) Prior to receiving, collecting, transmitting, storing, using, accessing, sharing, or removing CUI from any approved locations; the Contractor must receive approval in writing from the Chief Information Officer (CIO) through the Contracting Officer (CO) or Contracting Officer’s Representative (COR).
(2) If the Contractor should begin to receive, collect, transmit, store, use, access, or share CUI without appropriate approval, it should be reported as an Information Security Incident (ISI).
(3) Prior to removing CUI from any approved location, electronic device, removable media, or storage container, approval must be received in writing from the CO or COR.
c. Authorization to Use Information Technology (IT) Systems
(1) Prior to designing, developing, operating, accessing, or using an IT system that will store or process Information other than general information necessary to manage the contract (such as billing), the Contractor must receive approval in writing from the CIO through the CO or COR.
(2) The time required to obtain approval may be lengthy, and the Contractor should identify this requirement as soon as possible.
(3) If the Contractor should begin to operate, access, or use an IT system without appropriate approval, it must be reported as an ISI.
d. Retention of Authorizing Documentation
The Contractor must maintain a current and complete file of all documentation authorizing handling of CUI during the period of performance of the contract, unless otherwise instructed by the Contracting Officer. Documentation will be made accessible during inspections or upon written request by the CO or the COR.
(End of Clause)
a. ISI Reporting Activities
(1) Contractors must report any and all ISI involving OPM Information to the OPM Security Monitoring Center (SMC) at CyberSolutions@opm.gov, 844-377-6109. The SMC is available 24 hours per day, 365 days per year.
(2) Contractors must report any and all ISI involving information technology (IT) systems and Controlled Unclassified Information (CUI) immediately upon becoming aware of the ISI but no later than 30 minutes after becoming aware of the ISI, regardless of day or time; regardless of internal investigation, evaluation, or confirmation of procedures or activities; and regardless of whether the ISI is suspected, known, or determined to involve IT systems operated in support of this contract.
(3) Contractors reporting an ISI to the SMC by email or phone must copy the Contracting Officer (CO) or Contracting Officer’s Representative (COR) if possible; but if not, must notify the CO or COR immediately after reporting to the SMC.
(4) When reporting an ISI to the SMC by email:
(a) Do not include any CUI in the subject or body of any email;
(b) Use FIPS 140-2 compliant encryption methods to protect CUI to be included as an email attachment, and do not include passwords in the same email as the encrypted attachment; and
(c) Provide any supplementary information or r
