Realty Specialist Office Administrative Services
Solicitation No. 16-102-SOL-00020
Combined Synopsis/Solicitation for:
561110 – Realty Specialist – Office Administrative Services
In accordance with FAR Subpart 12.6 - Streamlined solicitation for commercial items
(i). This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; electronic proposals are being requested and a written solicitation will not be issued.
(ii). The solicitation number is 16-102-SOL-00020. The solicitation is issued as a Request for Quote (RFQ).
(iii). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.
(iv). This acquisition is conducted as a total small business set-aside. The associated North American Classification System (NAICS) code is 561110 with a size standard of $7.5 million.
(v). Schedule of Items:
CLIN
(Item Name)
Rate per Hour
Extended Total
0001
Base Year – 784 total hours
$ / hour
$
0002
Option Year One (1) – 784 total hours
$ / hour
$
0003
Option Year Two (2) – 784 total hours
$ / hour
$
0004
Option Year Three (3) – 784 total hours
$ / hour
$
0005
Option Year Four (4) – 784 total hours
$ / hour
$
TOTAL COMBINED NTE 3,920 total hours Base + 4 Option Years
$
(vi). Descriptions of requirements to be acquired:
Senior Realty Consultant Services Statement of Work
1. The contractor will assist the Indian Health Service (IHS) staff in three major areas of real property management: (1) real property acquisition; (2) real property transfers; (3) utilization and disposal of real property. The contractor will assure that completed work complies with all Federal, Department of Health and Human Services (HHS), Indian Health Service, General Services Administration (GSA) guidelines, regulations, policies, and procedures. Requirements include Executive Order 13327, “Federal Real Property Asset Management”; Public Law 93-638; Public Law 93-437; OMB Circular A-45; National Environmental Policy Act of 1969 (NEPA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and all other Federal laws pertaining to the acquisition, disposal and management of Federal real property.
2. The contractor will review, process, and complete identified real property acquisition, disposal, transfer, and demolition requests submitted by the IHS Area Offices to IHS Headquarters to include the following tasks:
• Review requests to assure the submittals are complete
• Assure requests comply with IHS guidelines, policies and procedures
• Review environmental documentation, NEPA, CERCLA, lead-paint and asbestos
• Review real property data for accuracy
• Review land ownership status for land transfers
• Advise Area Office of deficiencies in their transfer/disposal /acquisition requests
• Prepare quitclaim deeds, transfer agreements, and/or other disposal documents
• If applicable, coordinate documents with the Regional attorney
• Complete appropriate documents for Office/Division Director’s signature
• Prepare correspondence necessary to complete Area requests
• For transfer to Tribe, coordinate Tribal signature with Area Realty staff
• For Trust land prepare, disposal documents for GSA or BIA transfer to Tribe
• For acquisitions, review acquisition packages for submittal to HHS attorney
• Provide regulation and editorial changes to the Real Property Disposal Technical Handbook Chapter to finalize.
3. Operates realty database systems (Realty Electronic Document System (REDS), and the Correspondence Tracking System to process all realty actions, entering correspondence updates on disposal actions, and conducting inquiries. Responds to requests from IHS staff on the Health Facilities Database System (HFDS); and extracts data and real property reports. Realty documents are scanned and entered into REDS which provides a searchable database of IHSreal property actions and documents, such as acquisition documents, disposal records, survey maps, easements, licenses, etc., on IHS owned assets. The contractor will be responsible for completing the following tasks:
• Review real property records in REDS and real property inventory for accuracy
• Scan and upload in REDS all real property correspondence
• Scan and upload in REDS all real property actions, i.e.; disposals, transfers, etc.
• Make copies of all real property actions and place in main real property files
• Update the Correspondence Tracking System as necessary
• Run reports for REDS and the Correspondence Tracking System as necessary
4. Manage assignments in an efficient and organized manner and adhere to all applicable regulations, policies and procedures. Works as part of the Division of Facilities Operations team to achieve organizational goals and performance measures.
5. Standards:
a) Provide accurate, complete and consistent answers and advice
b) Identify real property deficiencies and develop corrective actions
c) Eliminate redundancy of data
d) Reduce paper management and storage
6. Additional tasks performed:
a) Daily:
i. Document all tasks worked on
ii. Scan and update completed realty actions
iii. Discuss project issues with Lead Realty Officer
iv. Work with Area staff on realty issues
v. Respond to e-mail requests in a timely manner (1-2 per day)
vi. Respond to telephone requests for realty information (1-5 per day)
b) Monthly:
i. Prepare report showing completed projects
ii. Update realty disposal actions spreadsheet
iii. Update completed realty actions in REDS
iv. Update Correspondence Tracking System
v. Attend staff meetings (4-6 per month)
vi. Complete real property transfer to Tribe
c) Frequently:
i. Review and update real property records
ii. Update real property files (hard copy)
iii. Conduct land record searches for transfers to Tribe
iv. Create real property reports
v. Provide realty advice and guidance to DFO real property staff
vi. Assist DFO realty staff with projects
vii. Provide real property information and guidance to Area Realty staff
viii. Review and prepare realty correspondence
ix. Review and update Technical Handbook chapters
x. Prepare response to Mckinney Homeless Assistance Act (quarterly)
xi. Complete land acquisition package (1 annually)
xii. Assist in drafting controlled correspondence concerning real property issues for IHS or OEHE Director’s signature ( 1-2 annually)
(vii). Dates and Places of delivery and acceptance:
Period of Performance
(a) CLIN 0001, the base period of performance for this contract shall commence July 1, 2017 and end June 30, 2018. The contract includes four one year option periods that may be exercised. If an option period is exercised, the period of performance is extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
CLIN Period Start Date End Date
0002 Option I July 1, 2018 June 30, 2019
0003 Option II July 1, 2019 June 30, 2020
0004 Option III July 1, 2020 June 30, 2021
0005 Option IV July 1, 2021 June 30, 2022
Work Location
The primary location of work is the Indian Health Service - Headquarters, Office of Environmental Health and Engineering, Division of Health Facilities Operations, 5600 Fishers Lane, Rockville, Maryland.
Work Schedule
Work to be performed during normal working hours of 8:00 a.m. to 5:00 p.m. or time agreed upon by the COR’s time and attendance logs or sign in/sign out sheets shall be verified by the COR to ensure services have been rendered. Minimum number of days the contractor shall work in the IHS office is two (2) days per week less holidays, vacation time, sick leave, and other excuse absence. The total number of hours to be worked during any one performance period is 784 hours per year.
(viii). The provision at 52.212.1, Instructions to Offeror—Commercial, applies to this acquisition.
ADDENDUM TO FAR 52.212-1
PROPOSAL INSTRUCTIONS
The proposal shall address and meet all tasks, requirements and services set forth in this solicitation to be considered acceptable. In addition, the following instructions establish the acceptable minimum requirements for the format and content of proposals.
(1) The proposal must be prepared in two parts: A non-price/technical proposal and a price proposal. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The non-price/technical proposal must not contain reference to price; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.), must be contained in the technical proposal so that the offeror’s technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements.
(2) The proposal should be typed, double-spaced, with one inch margins, using size 12-font or equivalent, and printed, unreduced in size, on 8-1/2" by 11" paper. The technical proposal shall not exceed 10 pages (single sided), exclusive of table of contents, past performance questionnaires, and resumes. Any pages in excess of 10 will be disregarded, and will not be included in the proposal evaluation.
(3) The offeror shall submit:
• Price Proposal: One (1) electronic copy.
• Technical Proposal: One (1) electronic copy.
Each proposal shall be clearly marked by title and include, the following:
I. Name, telephone number, and email address of your designated Point-of-Contact.
II. DUNS number for your company.
The offeror is responsible for submitting proposals, and any revisions, so as to reach the contract specialist by the time specified in the solicitation.
(4) PRICE PROPOSALS shall:
a. Offerors shall submit information which clearly and concisely relates to the evaluation criteria, specifically addressing the following regarding PRICE:
1. Offerors are instructed to complete all line items included under Section (v): Schedule of Items. Failure to include pricing for all line items shall result in rejection of the submitted quotation.
2. The price proposal must be based on the offeror’s own technical proposal, the statement of work, and any other contractual requirements.
3. In order to determine that offered prices are fair and reasonable, the Government reserves the right to request that the offeror provide cost breakdowns to support proposed prices. Information to support unit prices may include, but not be limited to, the following:
a) Salary/wage information with associated payroll expenses, for personnel to be used in performance of the contract.
b) Cost for equipment, supplies, and consumable materials;
c) A breakout of related support costs, such as equipment maintenance, rental, transportation, etc.;
d) Overhead costs;
e) General Administrative expenses; and
f) Profit
b. Formally acknowledge each amendment to this combined synopsis and solicitation, if applicable, by completing the appropriate sections on the corresponding Standard Form 30, Amendment of Solicitation/ Modification of Contract (i.e., Block 8 and Blocks 15A through 15C).
(5) TECHNICAL PROPOSALS shall:
a. Offerors shall submit information which clearly and concisely relates to the evaluation criteria, specifically addressing the following TECHNICAL FACTORS:
1. Key Personnel Experience, Knowledge and Skills
i. Experience of proposed Key Personnel in terms of job experience (in years) and how the work performed directly relates to the requirements of this solicitation. A resume containing a minimum of position, organization, dates, responsibilities and accomplishments is preferred.
ii. Knowledge of various aspects of real property and facilities management including P.L. 94-437 and P.L. 93-638, acquisition, disposal, transfer, and utilization of lease and real property. Demonstrate the ability to attain proficiency in automated real property inventory systems; i.e., Health Facilities Database System and the Realty Electronic Document System.
iii. Knowledge and experience in asset management, real property performance measures, and custody/accountability reporting requirements for excess real property. Specifically:
a) Determining correct course of action for planned real property actions under P.L. 93‑638 and/or P.L. 94-437.
b) Real Property Disposal Provision under 41 CFR 102-75.
c) Federal Environmental Guidelines for Disposal of Real Property.
d) Federal asset management initiatives promulgated by the Federal Real Property Council through the implementation of the President’s Management Agenda and Executive Order 13327, Federal Property Asset Management.
e) Past performance on Federal real property contracts.
iv. Ability to find solutions to complex realty issues
v. Experience
Minimum 10 years of experience in Federal real property procedures and policies strongly preferred with specialized training and experience in acquisition, leasing and disposal and utilization of real property under P.L. 93-638 and P.L. 94‑437.
2. Past Performance
i. Offerors shall utilize the Past Performance Questionnaire (PPQ) included as Attachment 1 to this solicitation for the submission of past performance information. The PPQ shall be provided to all customers to whom similar services in complexity, relevance, size and scope have been provided over the last five (5) years. If no past performance exists, a short statement explaining the lack of past performance shall be provided. Offerors are hereby notified that the Government reserves the right to evaluate past performance data from all available sources.
ii. Offerors shall provide a listing of customers to which the PPQ’s were distributed. The list must contain the firm’s name, the representative to whom the form was provided, a telephone number and email address of the firm’s contact. The Offeror is requested to direct customers completing the PPQ to submit them no later than the proposal due date to the attention of Contract Specialist Robert Sim at robert.sim@ihs.gov.
iii. Past performance forms received directly from the offeror may not be considered.
(ix). The provision at 52.212.2, Evaluation –Commercial Items, will be used to evaluate offerors for awarding the purchase order.
52.212-2 EVALUATION – COMMERCIAL ITEMS (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and non-price factors considered.
· The following non-price factors shall be used to evaluate offers (in descending order of importance):
1. Key Personnel Experience, Knowledge and Skills
2. Past Performance
a) The offeror and any major subcontractors' past performance on related relevant contracts, similar in complexity, relevance, size and scope, in whole or in part, to the Statement of Work herein over the last 5 years will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction. Prime contractor past performance questionnaires will be given more consideration than subcontractor past performance questionnaires.
b) The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases.
c) If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating.
· The overall evaluated price will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements. Proposed evaluated price must be entirely compatible with the technical proposal.
1. The price which will be considered for the purpose of determining the award price will be the cumulative sum price for all CLINs appearing on the pricing schedule.
2. Offerors are cautioned that failure of the prices to fully reflect the effort described in the non-price portions of the proposal, or take exception to the Government’s terms and conditions, may be grounds for the Government to determine that the Offeror does not adequately understand the effort required under the solicitation, and, therefore, may result in a determination that the proposal is unacceptable. Offerors are further cautioned that submission of a price proposal which is determined by the Government to be unreasonably high or unreasonably low may result in rejection of the proposal in its entirety, regardless of the merits of the non-price portions of the proposal.
· For purposes of award, the weight of all technical evaluation factors (Key Personnel Experience, Knowledge and Skills & Past Performance), when combined, is considered significantly more importance than the overall evaluated 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.
(x). Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer, or note that a current electronic copy is available at System for Award Management (SAM) website located at https://www.sam.gov/portal.
(xi). The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.
ADDENDUM TO FAR 52.212-4
1. WORKING PAPERS/DATA TO BE DELIVERED
(a) The Contractor shall provide, at the request of the Contracting Officer, all the working papers used by the participating officials and employees of the Contractor in connection with this project.
(b) Any working papers, interim reports, data given by the Government or first produced by the Contractor under the contract or collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer.
(c) In addition, information and/or data, which are held by the Contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, shall be considered “PROPRIETARY DATA” and are not subject data to be delivered under this contract. The rights to data developed, if any, in the execution of the services required by this contract shall become the sole property of the Government,
2. USE OF GOVERNMENT – DATA (REPORTS/FILES/INFORMATION TECHNOLOGY)
Any data given to the Contractor by the Government shall be used only for the performance of the contract unless the Contracting Officer specifically permits another use, in writing. Should the Contracting Officer permit the Contractor the use of Government-supplied data for a purpose other than solely for performance of this contract and, if such use could result in a commercially viable product, the Contracting Officer and the Contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form of a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines is adequate compensation for the use of these data.
Upon the request of the Contracting Officer, or the expiration date of this contract, whichever shall come first, the Contractor shall return or destroy all data given to the Contractor by the Government. However, the Contracting Officer may direct that the data be retained by the Contractor for a specific period of time, which period shall be subject to agreement by the Contractor. Whether the data are to be returned, retained, or destroyed shall be the decision of the Contracting Officer with the exception that the Contractor may refuse to retain the data. The Contractor shall retain no data, copies of data, or parts thereof, in any form, when the Contracting Officer directs that the data be returned or destroyed. If the data are to be destroyed, the Contractor shall directly furnish evidence of such destruction in a form the Contracting Officer shall determine is adequate.
3. SECURITY / BACKGROUND CHECK
Contractor will be required to successfully complete a background investigation through e-QIP, initiated by the Indian Health Service. The Contractor will also be required to obtain a Department of Health and Human Services identification card, using the HHS-745. Temporary access will be provided during the investigation, which will last 3-6 months. If for any reason the key person fails to pass the background investigation, the contractor may offer a similarly qualified individual, based on the qualifications included in the solicitation and resulting contract, and as deemed acceptable by the Government. If no acceptable replacement is identified within 2 business days, the contract will be terminated for cause at no cost to the Government in accordance with the terms and conditions of this contract and applicable laws and regulations.
4. SECURITY PRECLEARANCE
(a) Performance of this contract will require routine access by employees of the Contractor or its subcontractors to facilities or systems controlled by the Indian Health Service (IHS).
(b) Before starting work requiring routine access to IHS facilities or systems each person must complete a FBI National Criminal History Check (fingerprint check) adjudicated by an IHS employee using the Office of Personnel Management Personnel Investigations Processing System. Contractors shall allow five business days for IHS processing of fingerprints taken electronically at an IHS site and thirty business days for non-electronic processing of fingerprints using FBI Form FD-258. A list of IHS sites with electronic fingerprint capability is available from the Contracting Officer.
(c) In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the HHS Office of Inspector General List of Excluded Individuals/Entities (LEIE), http://exclusions.oig.hhs.gov. ; As soon as practicable prior to the start of work, the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of the work for screening against the LEIE. During performance the Contractor shall provide to the Contracting Officer the names of any additional or substitute employees for screening before they begin work.
(d) The Contractor is responsible for conducting security preclearance investigations in sufficient depth to assure that each Contractor or subcontractor employee referred to IHS is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Time-and-Materials, Labor-Hour or Cost-Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform because of denial of access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed-Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.
5. CONTRACTOR ACCCESS AND TERMINATION FROM ACCESS TO IHS BUILDINGS
(a) IHS is a professional environment and contractor personnel coming onto the premises are advised that it is a non-smoking environment as well. Contractor personnel and the COTR shall coordinate regarding the need for contractor access to the facility and the possible need for badges to allow for such access. Security procedures defined in paragraph 10 are applicable prior to obtaining a badge for contractor employees.
(b) In the event that the contractor terminates an employee working on this contract, or an employee working on this contract voluntarily leaves the employment of the contractor and that employee has been issued a contractor’s badge by IHS for access to IHS buildings. The contractor shall immediately take the following actions:
(1) Secure the IHS contractor’s badge from the employee;
(2) Formally advise the contracting officer that the individual is no longer an employee of the contractor, and;
(3) return the badge with the notification to the contracting officer.
6. CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM
(a) Past Performance Evaluation - In accordance with Federal Acquisition Regulation (FAR) 42.15, IHS will complete annual and final contractor performance evaluations. Annual evaluations will be prepared to coincide with the anniversary date of the contract. Additional interim performance evaluations may be prepared at Contracting Officer discretion, as necessary. Final performance evaluations will be completed upon contract expiration. IHS will utilize the Contractor Performance Assessment Reporting System (CPARS) in order to execute annual and final contractor performance evaluations. CPARS is a secure Internet website located at http://www.cpars.csd.disa.mil/cparsmain.htm. ; IHS will register the contractor in CPARS upon receipt of the name and email address of two (2) individuals who will be responsible for serving as the Contractor's primary and alternate CPARS contacts. Once IHS registers the contractor in CPARS, the Contractor will receive an automated CPARS email message that contains User IDs and instructions for creating a password.
(b) Past Performance Registration - Once a performance evaluation is issued, the Contractor's primary and alternate CPARS contact will receive an email instructing them to logon to CPARS in order to review the performance evaluation. The Contractor has 30 days from the date of performance evaluation issuance in which to review the evaluation. If the Contractor is in agreement with the performance evaluation outcome, the evaluation becomes final. Should the Contractor be in disagreement with the performance evaluation outcome, rebuttal comments must be submitted via the CPARS within 30 days from date the evaluation was issued by IHS. Any disagreement between the Contracting Officer and the Contractor will be referred to the Chief of the Contracting Office (Engineering Services-Seattle), whose decision will be final.
Copies of each performance evaluation and contractor responses, if any, will be retained as part of the official contract file and will be used to support future award decisions. Evaluations will also be stored for a 3-year period in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.
Contractors may obtain CPARS training material and register for on-line training at http://www.cpars.csd.disa.mil/allapps/cpcbtdlf.htm. There is no fee for registration or use of the CPARS.
GOVERNMENT-CONTRACTOR RELATIONSHIPS
The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the contract employees assigned as key personnel under this contract.
(End of Clause)
(xii). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2017) , applies to this acquisition.
· 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 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (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]
X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
X (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).
(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 (Sept 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
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).
X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35) 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, GSA, DoD 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 Televisions (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) 52.225-13
, 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. 13693).
X (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
X (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).
X (51) 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).
__ (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).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii)
52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(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, GSA, DoD 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.
· Additional Contract Terms and Conditions Applicable to this Acquisition:
52.252-2 Clauses Incorporated By Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these two web addresses - This for FAR: https://www.acquisition.gov/far/ ; and this for HHSAR: http://www.hhs.gov/policies/hhsar/
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
Number
Title
Date
52.203-18
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
Jan 2017
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
Jan 2017
52.204-7
System for Award Management
Oct 2016
52.204-9
Personal Identity Verification of Contractor Personnel.
Jan 2011
52.204-13
System for Award Management Maintenance.
Oct 2016
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters
Jul 2013
52.209-10
Prohibition on Contracting with Inverted Domestic Corporations
Nov 2015
52.243-1
Changes -- Fixed-Price Alternate I.
Aug 1987
HEALTH AND HUMAN SERVICES ACQUISITION REGULATION CLAUSES by reference
http://www.hhs.gov/policies/hhsar/
Number
Title
Date
302.101
Definitions
Dec 2015
352.203-70
Anti-lobbying
Dec 2015
352.208-70
Printing and Duplication
Dec 2015
352.211-1
Public Accommodations And Commercial Facilities
Dec 2015
352.211-3
Paperwork Reduction Act
Dec 2015
352.222-70
Contractor Cooperation in Equal Employment Opp. Investigations
Dec 2015
352.224-70
Privacy Act
Dec 2015
352.226-1
Indian Preference
Dec 2015
352.226-2
Indian Preference Program
Dec 2015
352.227-70
Publications And Publicity
Dec 2015
352.237-75
Key Personnel
Dec 2015
352.237-74
