CONTENTS OF PROPOSALS - Veterans Affairs



FedBizOppsCombined Synopsis/Solicitation Notice*******CLASSIFICATION CODESUBJECTCONTRACTING OFFICE'S ZIP-CODESOLICITATION NUMBERRESPONSE DATE (MM-DD-YYYY)ARCHIVE DAYS AFTER THE RESPONSE DATERECOVERY ACT FUNDSSET-ASIDENAICS CODECONTRACTING OFFICE ADDRESSPOINT OF CONTACT(POC Information Automatically Filled from User Profile Unless Entered)DESCRIPTION*See AttachmentAGENCY'S URLURL DESCRIPTIONAGENCY CONTACT'S EMAIL ADDRESSEMAIL DESCRIPTION ADDRESSPOSTAL CODECOUNTRYADDITIONAL INFORMATIONGENERAL INFORMATIONPLACE OF PERFORMANCE* = Required FieldFedBizOpps Combined Synopsis/Solicitation NoticeRev. March 2010UINDIANAPOLIS TRAINING IDIQ2000636C10E18Q006701-15-201890N611691Department of Veterans AffairsVeterans Benefits AdministrationMidwest District Contracting575 N. Pennsylvania St.Washington DC 20006Department of Veterans AffairsMidwest Contracting TeamEric Davidsoneric.c.davidson@Deparment of Veterans AffairsIndianapolis VBA Regional Office (VR&E)575 N. Pennsylvania St.Indianapolis, IN46204United Stateseric.c.davidson@eric.c.davidson@COMBINED SYNOPSIS SOLICITATIONThis is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. 36C10E18Q0067The solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-95This solicitation is set-aside exclusively for Service-Disabled Veteran-Owned Small Business concerns. To be considered for award prospective offerors must be a verified SDVOB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages at the date and time set for receipt of offers. An Offeror who is not a verified SDVOB concern at the date and time set for receipt of offers will have their offer rejected as non-responsive, and will not be considered for award. The applicable NAIC Code for this solicitation is 813920 (Professional Organizations) small business standard $15 million.Indefinite delivery contract for tutoring services.ITEM NO.DESCRIPTIONQTYUNITUNITPRICEAMOUNT0001The contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work.Period of Performance: 02/01/2018-01/31/2019 1JB$___________$___________1001Option Year One the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work.Period of Performance: 02/01/2019-01/31/2020 1JB$___________$___________2001Option Year Two the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work.Period of Performance: 02/01/2020-01/31/20211JB$___________$___________3001Option Year Three the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work.Period of Performance: 02/01/2021-01/31/2022 1JB$___________$___________4001Option Year Four the contractor shall provide all supplies, services, equipment, tools, labor, facilities, transportation, and supervision to Provide tutoring services as required in accordance with the attached Statement of Work.Period of Performance: 02/01/2022-01/31/20231JB$___________$___________Description of RequirementSTATEMENT OF WORKBACKGROUNDThe Department of Veterans Affairs (VA) has authority, pursuant to Title 38 USC Chapter 31, to provide all services and assistance necessary to enable eligible Veterans with service-connected disabilities to achieve independence in daily living, and to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) Vocational Rehabilitation and Employment (VR&E) Division is charged with providing assistance to service-connected disabled Veterans through offering vocational rehabilitation and employment (VR&E) services, to include tutorial assistance determined necessary to accomplish the purposes of the rehabilitation program in the individual caseIn order to provide tutorial assistance, VR&E requires contractor assistance as described below.PROJECT TITLE: Provide Tutorial Services for eligible VR&E veterans for the US Department of Veterans Affairs, Indianapolis Regional Office. 3. PWS PERFORMANCE WORK STATEMENTTUTORING SERVICESSECTION I. BACKGROUNDA. INTRODUCTIONThe Department of Veterans Affairs (VA) has authority, pursuant to Title 38 USC Chapters 18, 31, 35 and 36, to provide all services and assistance necessary to enable eligible Veterans with service-connected disabilities to obtain and maintain suitable employment and, if not employable, achieve independence in daily living to the maximum extent feasible. In the discharge of this responsibility, each Vocational Rehabilitation and Employment Service Division (VR&E) within the VBA Regional Office (RO) undertakes an initial evaluation of the Veteran to determine his or her entitlement for these services and assistance and develops, in cooperation with the Veteran, an Individualized Written Plan of Services. The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA) is charged with providing assistance to service-connected disabled Veterans through vocational rehabilitation and employment (VR&E) services. In order to assure services in close geographic proximity to Veterans and to provide timely services when staff turnover occurs, Contractor assistance may be required to supplement vocational rehabilitation and employment services. Specialized services may also be required to complement services typically provided by VA staff.QUALIFICATION REQUIREMENTS FOR TUTORING PROVIDERSTutors, in the performance of services under this contract, must be approved by the Contracting Officer prior to the provision of any services under this contract. Tutors must, at a minimum, possess a bachelor’s degree or higher-level degree from an accredited university. Transcripts shall be provided by the Contractor to verify the educational qualifications of tutors providing assistance under this contract. Optimally, the degree should be in the same or similar area in which they are providing tutoring services. For example, someone providing Math tutoring should possess a degree in Mathematics, Engineering, Computer Science, or similar Math related field.The Government reserves the right to examine, and approve or disapprove the Contractor’s staff based on information provided in transcripts and/or résumés. The COTR will notify the Contractor of acceptance of newly proposed employees within 10 days of receipt of transcripts, diplomas, and résumés.SECTION II. SCOPE/PERFORMANCE REQUIREMENTSA. GENERAL REQUIREMENTSThe contractor shall provide all services, materials, labor, tools, equipment, transportation, facilities, and supervision to provide Tutoring Services in accordance with this Performance Work Statement. All services shall be performed in accordance with the contract terms and conditions set forth herein.2. The Contractor will provide instruction as set forth in paragraphs (3) and (4) below, during the period of performance prescribed on each referral made under this contract. The specific tutoring that the contractor shall be required to provide services in shall also be stated on each referral form.This contract shall only apply to veterans who are approved and designated by the Department of Veterans Affairs as being entitled to vocational rehabilitation training under Chapter 31, Title 38, U.S.C.The Contractor shall make contact with the Veteran within seven calendar days of the date of the referral, and shall commence the tutoring session as soon as the schedule of the Veteran permits. The Contractor will provide such courses of instruction at the fees indicated on Schedule B, Schedule of Prices.The Contractor shall furnish outright to the veteran, as needed, such books, supplies, and other equipment as are necessary for the satisfactory pursuit and completion of the courses as referred to in paragraph (1) above. Prior to the furnishing of additional books, supplies or other equipment deemed necessary to satisfactorily complete the course for which the Veteran is receiving tutoring, the Contractor shall obtain written approval from the Contracting Officer. The Department of Veterans Affairs will compensate the Contractor for the books, supplies, and equipment provided in arrears.B. PERFORMANCE REQUIREMENTS/GOALSAs part of the services provided under this contract, the Contractor shall provide a written monthly report, or a final report for tutoring services lasting less than 30 calendar days, for each Veteran referred to the Contractor. The report shall describe the Veteran’s progress in course for which the Contractor is providing tutoring.The Contracting Officer shall also monitor the performance of the Contractor based on the Contractor Performance Plan.SECTION III. CONTRACTOR PERFORMANCE PLANSECTION III. CONTRACTOR PERFORMANCE PLANREQUIREMENTSTASKSPERFORMANCE STANDARDACCEPTABLE QUALITY LEVELINDICATORSURVEILLANCE METHODTUTORING SERVICESEligible Veterans will beContractor shall contact theTimeliness and90%Veteran is contactedReview of monthlycontacted with seven (7) calendarVeteran introduce theirquality: 95%within 7 calendarreports, and feedbackdays after receipt of referrals fromcompany and arrange for thedays after referralfrom Veteransthe COTR or Contracting Officerdate and time for the initialand authorization;tutoring session. Contractorshall also discuss what theVeteran is contactedVeteran could expect duringwith a follow-upattendance, and any materialsreminder within 24and supplies the Veteran willhours of the initialneed.tutoring session.The Contractor shall provide one-Contractor shall determine theVeterans Achieve90%Grade ReportsReview of monthlyon-one tutoring sessions inweakness and areas requiringMinimum PassingSubmitted by thereports, and feedbackaccordance with the referral.improvement by the Veteran forGrade for the CourseSchool or Veteran tofrom Veteranssuccessful completion of thethe Rehabilitationcourse stated in the referral.CounselorContractor shall provide tutoringservices in order to strengthenareas of improvement. Thegoal of the sessions shall be toand to enhance the Veteran’sability to successfully completecourse work with minimalassistance, and to increase theVeteran’s confidence in his/herability to successfully completecourse examinations.SECTION IV. SPECIAL CONTRACT REQUIREMENTSGENERAL REQUIREMENTSThe Contractor shall be aware of the following information and/or comply with the following requirements when providing service under this contract:Unless otherwise specified, all timelines in the contract refer to calendar days.All references to Veterans in this document also pertain to Servicemembers who qualify for services.When social security numbers (SSNs) are required, the Contractors can only use the last four digits of the social security number of any individual serviced under this contract.No obligation will be incurred under this contract by the Government for any service or benefits provided to, or on behalf of, a Veteran without prior authorization issued by the COTR or Contracting Officer. Under no circumstance may a contractor provide services in the absence of a referral for a specific Veteran. Under no circumstances may a contractor engage in outreach or other activities designed to solicit referrals.The Contractor shall adhere to all VA policy and related regulations, including VA Directive and Handbook 6500 entitled “Information Security Program.” For this policy, the Contractor shall substitute the word “Contractor” for “VA employee/employee.” Prior to performance, all contract employees and subcontract staff providing direct or indirect assistance to Veterans under this contract must have a background check initiated per the security section of this contract. In addition, required security/privacy training must be completed and required security rules of behavior and supplemental contractor rules of behavior must be signed and returned to VA.All documents released by Contractors back to the regional office, VR&E Division, will contain the Veteran’s name and only the last four digits of the social security number.The Contractor shall retain certification of the destruction of all records containing Veteran’s information. Destruction procedures must comply with VA requirements, outlined in Section IV, VA Information and Information System Security/Privacy Requirements. The Contractor shall provide the VR&E Division a certificate of destruction at the appropriate regional office upon expiration of the retention date of the documents that contains:Veteran’s NameLast four digits of the Veteran’s SSNType of document(s) and date(s)Date of destructionMeans of destruction (preferably shredded)Name and position of individual who destroyed the documentsFor appointments/meetings that are missed or rescheduled by the Veteran, the Contractor shall notify the Contracting Officer.Invoices may not be submitted until VA certifies acceptable performance of deliverables. VA will review deliverables within 5 business days of receipt and provide notification of acceptance or need for corrective action. Invoices will include certification of accepted deliverables.PLACE OF COUNSELING/PROVISION OF SERVICESThe place of counseling shall be acceptable to Contracting Officer and the Veteran.The counseling location shall meet all applicable requirements for accessibility mandated by the Americans with Disabilities Act of 1990, and subsequent amendments.When available, VA may offer meeting space for contract counselors to meet privately with Veterans.C. GEOGRAPHIC COVERAGEThe contractor may be required to provide services under this contract in any of the following geographic areas:Indianapolis, Indiana Area Counties:Boone, Hamilton, Hancock, Shelby, Johnson, Morgan, Hendricks, Marion, and MadisonSouthwest-Evansville Area Counties:Posey, Vanderbush, Gibson, Pike, Warrick, Spencer, Crawford, Orange, Dubois, Martin, Davies, and KnoxWest Central-Lafayette Indiana Area Counties:Warren, Tippecanoe, Fountain, Montgomery, Putnam, Parke, Vermillion, Vigo, Clay, Owen, Sullivan, and GreenSoutheast- Columbus, Indiana Area Counties:Monroe, Brown, Lawrence, Bartholomew, Jackson, Washington, Harrison, Floyd, Clark, Scott, Jennings, Jefferson, Ripley, Decatur, Switzerland, and Dearborn.East Central-Richmond, Indiana Area Counties:Henry, Wayne, Rush, Franklin, Fayette, and Union.Central- Marion, Indiana Area Counties:Grant, Delaware, Randolph, Jay, Blackford, Carroll, Clinton, Cass, Miami, Howard, Clinton, Fulton, and TiptonFort Wayne Area Counties:Allen, Adams, Wells, Huntington, Wabash, Kosciusko, Whitley, Noble, Dekalb, Stueben, Lagrane, and Elkhart.Northwest-South Bend/Gary, Indiana CountiesSt. Joseph, Marshall, Starke, Pulaski, White, Jasper, Newton, Benton, Laporte, Porter, and Lake.INVOICING INSTRUCTIONSThe Contractor shall submit an original invoice and three copies to the address designated below to receive invoices. Invoices should be submitted in arrears per deliverable only once a month. An invoice must include:Address/POC to direct payment to:ERIC DAVIDSONDEPARTMENT OF VETERANS AFFAIRS SUPPORT SERVICES DIVISION (326/24) 575 N. PENNSYLVANIA ST.INDIANAPOLIS, IN 46204-1563Name and address of the Contractor;Invoice date and contractor unique invoice number;Contract number, task order number, contract line item number, and referral order number. Contractors must provide a separate invoice for each Veteran.Description, span of time/dates when billed services were rendered to veterans, quantity, unit of measure, unit price and extended price of the service(s) rendered. For example:May 1 – May 31, 2012 Tutoring Services for John E. Doe 12 HR $25,00 $300.00Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. § 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment;Only invoices for services rendered in accordance with this contract may be submitted for payment;8. Payment are not allowable and must be repaid to the VA if invoiced services are duplicate billings, not received by veterans and/or do meet the requirements under the contract. Failure to meet requirements include such issues as not meeting performance standards, not fully completing services specified in issued task orders, not submitting documentation of services related to VA-accepted deliverables under the contract, or for services which cannot be confirmed as appropriate by Veterans;PRIVACY PROTECTION RIGHTSThe Contractor shall advise the Veteran of the Protection of Privacy, before services commence, and have the Veteran sign VA Form 28-8739a, Protection of Privacy Information Statement (to be provided upon assignment of each task with original to file and copy to the Veteran).If the Veteran declines to sign the statement, but opts to continue the evaluation process, the fact that he/she has been orally advised of the contents of the Protection of Privacy Statement shall be documented in the Contractor’s report and the counseling and evaluation may continue.Invoices must NOT include the Veteran’s Social Security number as identification. The last four numbers or case number are acceptable.VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTSGENERALAll Contractors and Contractor personnel shall be subject to the same Federal security and privacy laws, regulations, standards and VA policies as VA, including the Privacy Act, 5 U.S.C.§552a, and VA personnel, regarding information and information system security. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: and its handbooks to ensure appropriate security controls are in place.ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSThe Contractor will not have access to VA Information and/or VA Information Systems. The C&A Requirements do not apply and a security accreditation package is not required.SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCESThe contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at: ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following Web site: INFORMATION CUSTODIAL REQUIREMENTSVA information provided to the Contractor for either the performance or administration of this contract shall only be used for those purposes. No other use is permitted without the CO’s express written authorization. This clause expressly limits the Contractor’s rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1). The Government shall retain the rights to all data and records produced in the execution or administration of this rmation generated by the Contractor as part of the contractor’s normal business operations, such as medical records created in the course of providing treatment, is subject to review by the Office of General counsel OCG to determine if the information is the property of VA and subject to VA policy. If the information is determined by OCG to not be the property VA, the restrictions required for VA information will not apply.VA information will not be co-mingled with any other data on the contractors/subcontractors information systems/media storage systems in order to ensure VA requirements related to media sanitization can be met. VA also reserves the right to conduct on-site inspection of information destruction/media sanitization procedures to ensure they are in compliance with VA policy requirements.Prior to termination or completion of this contract, Contractor will not destroy information received from VA or gathered or created by the Contractor in the course of performing this contract without prior written approval by the CO. A Contractor destroying data on VA’s behalf must do so accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and itsHandbook 6300.1 Records Management Procedures, and applicable VA Records Control SchedulesContractor will receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of this contract and applicable federal and VA information confidentiality and security laws, regulations and policies. Applicable federal information security regulations include all Federal Information Processing Standards (FIPS) and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST). If federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies, including FIPS or SP, in this contract.Contractors collecting, storing, or disseminating personal identifiable information (PII) or protected health information (PHI) data must conform to all pertinent regulations, laws, and VA directives related to privacy. Contractors must provide access for VA privacy reviews and assessments and provide appropriate documentation as required.The Contractor shall not make copies of VA information, electronic or otherwise, except as necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state.If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to terminate the contract for default or terminate for cause under Federal Acquisition Regulation (“FAR”) part 12.The Contractor will store, transport or transmit VA sensitive information in an encrypted form, using a VA-approved encryption application that meets the requirements of NIST’s FIPS 140-2 standard.The Contractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA directives are available on the VA directives Web site at HYPERLINK "" for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor will refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA Contracting Officer for response.Notwithstanding the provision above, the contractor shall not release medical quality assurance records protected by 38 U.S.C. 5705 or records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus protected under 38U.S.C. 7332 under any circumstances, including in response to a court order, and shall immediately refer such court orders or other inquiries to the VA contracting officer for response. The Contractor shall not use technologies banned in VA in meeting the requirements of the contract (e.g., Bluetooth-enabled devices).5. SECURITY INCIDENT INVESTIGATIONThe term “security incident” means an event that has, or could have, resulted in loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor shall immediately (within 1 hour) notify the COTR and simultaneously, the VA NetworkSecurity Operations Center (vansoc@) and the designated ISO/Privacy Officer for the contract of any known or suspected security/privacy incident, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor has access.To the extent known by the contractor, the contractor’s notice to VA will identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information/assets were placed at risk or compromised), and any other information that the contractor considers relevant.Contractor will simultaneously report the incident to the appropriate law enforcement entity(ies) of jurisdiction in instances of theft or break-in. The contractor, its employees, and its subcontractors and their employees will cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor will cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident.To the extent practicable, contractor shall mitigate any harmful effects on individuals whose VA information was accessed or disclosed in a security incident. In the event of a data breach with respect to any sensitive personal information processed or maintained by the contractor or subcontractor under the contract, the contractor is responsible for liquidated damages to be paid to VASECURITY CONTROLS COMPLIANCE TESTINGOn a periodic basis, the VA, including the VA Office of Inspector General, reserves the right to evaluate any or all of the security controls implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the Government, the contractor will fully cooperate and assist in a Government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) determined by VA in the event of a security incident or at any other time.PHYSICAL SECURITYIf the contract requires taking VA data to a contractor site and the data contains Personally Identifiable Information, the Contractor will provide an independent physical security assessment of their facility to the COTR prior to commencing work. General guidelines for physical security can be found in VA Directive 0730, Section 6 (Physical Security) and VA Memorandum (Subj: IT Oversight & Compliance Information Physical Security Assessments) dated October 24, 2007.TRAININGAll Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks:Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems, and Contractor Rules of Behavior (supplement),Successfully complete VA Cybersecurity Awareness training and annual refresher training as required,Successfully complete VA General Privacy training and annual refresher training as required,andd) Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access.The Contractor shall provide to the COTR a copy of the training certificates and signed Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. These online courses are located at HYPERLINK "" to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.9. CONTRACTOR PERSONNEL SECURITYAll contract employees who require access to the VA site(s) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all subcontractor personnel requiring the same NACI Background Investigation.The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: INVESTIGATIONThe contract employee level of background investigation and clearance required for this effort isNACI. Work may not commence until the appropriate background investigation has commenced.Contractor ResponsibilitiesThe Contractor shall bear the expense of obtaining background investigations. The cost of the background investigations is as follows: Low Risk (NACI) $230, Moderate Risk (MBI) $825, High Risk (BI) $3015. VA will pay for investigations processed through the VA SIC and conducted by the Office of Personnel Management (OPM) in advance; however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs.Immediately after contract or task order award, the Contractor must submit a completed Attachment D form (VBA Contractor Background Investigation Request Worksheet) for all contract employees working the contract, who have access to VA facilities, VA systems, or privacy data, to the COTR.The Contractor and Contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date.The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak, and understand the English language.Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the Contractor from submitting a completed Attachment D formimmediately after contract or task order award for all contract employees working the contract to the COTR.Contract performance shall not commence before SIC confirmation that it received the investigative documents, that they are complete, and that the background investigation has begun. Once the Contractor’s background investigation has been initiated, contract performance may commence. The COTR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) to the Contractor when the investigation has been favorably completed and adjudicated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.If the security clearance investigation is not completed prior to the start date of the contract, the contract employee may work on the contract with an initiated status while the security clearance is being processed. However, the Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident.Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be.The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO).Government ResponsibilitiesAfter the COTR has received Attachment D form(s) from the Contractor, SIC will send an e-mail notification to the Contractor and their POC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. SIC will also send reminder notifications to the Contractor and their POC if the complete package is not submitted by the due date.Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, SIC will return the package to the Contractor with corrective instructions.VA will pay for investigations processed through the VA SIC and conducted by OPM in advance; however, the Contractor shall reimburse the full cost of background investigations to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default.The COTR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated. The COTR will also notify the Contractor of an unfavorable adjudication by the Government.H. CONFIDENTIALITY AND NONDISCLOSUREIt is agreed that:The preliminary and final deliverables and all associated working papers, application sourcecode, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government, and shall be submitted to the COTR at the conclusion of the task order.The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. The contractor shall release no information. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.Press releases, marketing material or any other printed or electronic documentation related tothis project, shall not be publicized without the written approval of the CO.Period of Performance: Base Period of one year, with four one-year option periods.FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this solicitation. The following provisions and clauses are added as addenda:52.252-1Solicitation Provisions Incorporated By Reference (FEB 1998)VAAR 852.270-1Representatives of Contracting Officers (JAN 2008)FAR 52.212-2, ADDENDUM TO FAR 52.212-2 EVALUATION PROCESSProposals will be evaluated in accordance with the criteria set forth below to determine the Offeror’s demonstrated ability to provide the required services. Proposals must be specific and compliant with all terms and conditions of the solicitation in order to be acceptable. Offerors shall clearly and completely address the factors as required by the solicitation. Any proposal failing to address all of the elements of the solicitation will be considered the Offeror's lack of understanding of, and response to, the Government’s requirements and may impact the Offeror negatively in overall proposal evaluation.Evaluation FactorsThe Government will award contract(s) resulting from the solicitation to the responsible Offeror(s) whose responsive offer is most advantageous to the Government, price and other factors considered. The information presented in this section is intended to be consistent with that presented to Offerors in the solicitation. The evaluation factors are listed below:Geographic FactorsTechnical QualificationsPast ExperiencePriceFactors are weighted in importance. Factors (1), (2), and (3), the Technical Factors, are weighted in descending order of importance. Factors (1) and (2) when combined are significantly greater than factor (4). When combined Factors (1), (2), and (3), the Technical Factors, will be considered approximately equal to Factor (4), Price.Description of Evaluation FactorsOfferors’ proposals shall be evaluated using the evaluation factors described below, and must address, at a minimum, all elements listed in the instructions to Offerors in the solicitation. Ratings will focus on the proposal’s ability to meet the objectives of the tutoring program. The ratings below will be used to reflect the assessment of each evaluation factor. Any proposal that does not meet the Government’s minimum requirements for the tutoring program shall not be considered for award. Offerors receiving a rating of “Yellow” may be eliminated from the competitive range and not be considered further. Offerors receiving a rating of “Red” shall be eliminated from the competitive range and not be considered further.Awards for each RO will be made on a best value basis. The Government plans to award a contract to the Contractor whose proposal represents the best value solution. The Contracting Officer may reasonably determine that the superior solution/approach merits a higher price, and therefore represents the best value to the Government. Using sound business judgment, the selection decision will be based on an assessment of the proposal’s relative capability as measured against the evaluation factors discussed below.Factor 1: Geographic CoverageThe ability for the Contractor to provide services over a wide geographic area will be evaluated. Contractors who are able to provide services in all areas or in wider geographic area will be rated more favorably than those who propose providing services to a single location or smaller coverage area. The Government will evaluate Geographic Coverage ability using the following adjectival ratings for the factorCOLOREXPLANATION OF RATINGBlueBased on the information contained in the Offeror’s proposal, there is a high expectation that the Offeror will provide tutoring services in all of the geographic coverage areas listed in Section IV, Special Contract Requirements, Paragraph C of the Performance Work Statement.GreenBased on the information contained in the Offeror’s proposal, there is an expectation that the Offeror will provide tutoring services in most of the geographic coverage areas listed in Section IV, Special Contract Requirements, Paragraph C of the Performance Work Statement. The Offeror provided evidence of being able to provide tutoring services in the metropolitan areas of Indianapolis, Fort Wayne, South Bend, and counties listed in PWS. Other areas will require the Offeror to establish new subcontracts.YellowBased on the information contained in the Offeror’s proposal, the Offeror will provide tutoring services in The Offeror provided evidence of being able to provide tutoring services in the metropolitan areas of Indianapolis, Fort Wayne, South Bend, and counties listed in PWS. Other areas will require the Offeror to establish new subcontracts.RedBased on the information contained in the Offeror’s proposal, the Offeror will provide tutoring services in only one of the geographic coverage areas listed in Section IV, Special Contract Requirements, Paragraph C of the Performance Work Statement. Other areas will require the Offeror to establish new subcontracts.Factor 2: Technical QualificationsThe Government will evaluate the Offeror’s proposed tutors who will provide services under the resultant contract. The Government will evaluate the technical qualifications of proposed tutors in accordance with Section I, Background, Paragraph B of the Performance Work Statement. The Government will evaluate Technical Qualifications using the following adjectival ratings for the factorCOLOREXPLANATION OF RATINGBlueBased on the information contained in the Offeror’s proposal, the proposed tutors have a high degree of education, experience in a wide variety of subjects, including high levels of math and biological sciences. All of the proposed tutors have experience working with Veterans with disabilities.GreenBased on the information contained in the Offeror’s proposal, the proposed tutors have an acceptable degree of education and experience in many subject areas. However, there is little evidence that the proposed tutors will be able to provide services in high levels of certain areas of study. Some or the proposed tutors have experience working with Veterans with disabilities, while others do not.YellowBased on the information contained in the Offeror’s proposal, the proposed tutors have a marginal degree of education and experience. The proposed tutors will not be able to provide services in either high levels of certain areas of study. The proposed tutors have little or no experience working with Veterans with disabilities.RedBased on the information contained in the Offeror’s proposal, the proposed tutors have an unacceptable degree of education and experience. The proposed tutors did not meet the minimum qualifications required by the Performance Work Statement. The proposed tutors have limited scholastic achievement and have little or no experience working with Veterans with disabilities.Factor 3: Past ExperienceThe Offeror shall demonstrate successful past performance by providing recent and relevant past performance information for work completed within the past three years, concerning previous history and completion of similar scale (size and scope) projects within the same time. Include the following information for each contract and subcontract listed:Name of the Contracting Agency or Commercial ClientContract NumberContract TitleBrief description of contract/subcontract and relevance of this requirementTotal contract valuePeriod of PerformanceContact Information of Contracting Officer or ClientGeographic Scope of ContractThe Government may also consider information reasonably available through other sources. Past performance information shall be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort.The Offeror will be evaluated on its past performance. Offerors shall submit at least two (2), but no more than three (3) references. References must be for recent (within the past three years) and relevant experience (i.e., experience in providing services similar in size, scope, and complexity as described in the PWS). The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort.The Government may use information provided by the Offeror in their proposal submission, information in both Government and commercial databases, and other information available as VA determines is reasonable. If no past performance information is readily available (FAR 15.306 (a) (2) (iv)), the offeror’s past performance will be evaluated as Neutral. References shall submit responses directly to the Contracting Officer or Contract Specialist no later than the date and time proposals are due.The Government will evaluate past performance quality using the following adjectival ratings for the factor. COLOREXPLANATION OF RATINGGrayNo relevant past performance available for evaluation. Offeror has not shown that it has similar relevant past performance. This is a neutral rating. BlueBased on the Offeror’s record of past performance, no issues, concerns, or risks are associated with receiving quality timely services for Veterans. The Offeror’s past performances indicate that the Offeror is extremely likely to exceed the objectives of the program with virtually no risk.GreenThe Offeror’s record of past performance indicates there is very little risk associated with receiving quality, timely services, furthering the goals of the program. The Offeror’s past performance indicates the Offeror will meet or exceed the objectives of the program.YellowThe Offeror’s record of past performance indicates there is some risk associated with receiving quality, timely services for Veterans/patients. The Offeror’s past performance indicates the Offeror may have some difficulty meeting the objectives of the program. The Government may have to dedicate additional resources to ensure satisfactory performance of the program.RedThe Offeror’s record of past performance indicates that there is significant potential risk associated with receiving quality, timely services, and contract performance. The Offeror’s past performance indicates the Offeror may have significant problems meeting the objectives of the contract. There is probability that the Government will have to dedicate additional resources to ensure satisfactory performance of the program.Factor 2: PricePrice shall be evaluated for reasonableness of the hourly tutoring rate proposed on Schedule B of the solicitation.??Price will not be evaluated adjectivally. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluations of options shall not obligate the Government to exercise the option(s).CONTENTS OF PROPOSALSOfferors in response to the solicitation must submit proposals to the address shown below not later than 3:00PM Eastern Standard Time on January 15, 2018. Offerors must submit (1) original with the following elements:Completed SF 1449 (Blocks 17a, 30a, 30b, and 30c)Completed Schedule B – Supplies or Services and Prices/CostsCompleted FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (FEB 2012)Technical ProposalPast Performance Information including references. The Offeror should include any information relevant to experience with tutoring Veterans with disabilities.Resumes of proposed tutors to be used. The Offeror must also include copies of degrees and transcripts to verify educational qualifications.A statement of the Geographic Areas that will covered by the Offeror including a discussion on how services will be provided. The Offeror should also include a chart or diagram that shows which tutors will be used in the various Geographic Areas. . FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this solicitation. Offerors shall submit a completed copy of FAR 52.212-3 with its Offer.FAR 52.212-4, Contract Terms and Conditions – Commercial Items applies to this solicitation. The following provisions and clauses are added as addenda:52.252-2 Clauses Incorporated By Reference (FEB 1998)52.204-9Personal Identity Verification of Contractor Personnel (JAN 2011)Insurance – Work on a Government Installation (JAN 1997)(a) Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)(b) General liability.(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.52.232.40Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)VAAR 852.203-70 Commercial Advertising (JAN 2008)VAAR 852.219-10VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION) (JUL 2016)Limitations on Subcontracting - Monitoring and Compliance This solicitation includes VAAR Clause 852.219-10, VA Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.VAAR 852.232-72Electronic Submission of Payment Requests (NOV 2012)VAAR 852.237-70Contractor Responsibilities (APR 1984)52.212-5, Terms and Conditions Required to Implement Executive Orders – Commercial Items, applies to this solicitation. The following provisions and clauses are selected as appropriate to this solicitation:Paragraph b clauses applicable:(3) 52.203-3 Certificate of Independent Price Determination (NOV 2017)(4) 52.204-10Reporting Executive Compensation & First Tier Subcontract Awards (OCT 2015)(8)52.209-6Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)(22)52.219-28Post-Award Small Business Program Representation (DEC 2015)(26) 52.217-9 Option to Extend Service (MAR 2000)(27)52.222-21Prohibition of Segregated Facilities (FEB 1999)(28)52.222-26Equal Opportunity (APR 2015)(30)52.222-36Equal Opportunity for Workers with Disabilities (JUL 2014)(33)52.222-50Combating Trafficking in Persons (MAR 2015)(44)52.223-18Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)(51)52.225-13Restrictions on Certain Foreign Purchases (JUN 2008)(58)52.232-34Payment by Electronic Funds Transfer – Other than Central Contractor Registry (MAY 1999)Paragraph c clauses applicable:(1)52.222-41Service Contract Labor Standards (MAY 2014)(2)52.222-42Statement of Equivalent Rates for Federal Hires (MAY 2014)(THIS IS NOT A WAGE DETERMINATION)EMPLOYEE CLASSWAGE + FRINGE BENEFITS15120-Tutor$18.66+$4.41 (8)52.222-55Minimum Wages Under Executive Order 13658 (JAN 2017)(9)52.222-62Paid Sick Leave Under Executive Order 13706 (JAN 2017)N/AN/AOffers are due not later than 01/15/2018 @ 3:00 PM EST. Offers must be submitted electronically to eric.c.davidson@. For additional information, please contact the Contracting Officer, Eric Davidson (317) 916-3855 eric.c.davidson@.ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:FAR NumberTitleDate52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 2011A.1 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date through the end of the effective period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)A.2 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 hours, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of no maximum; (2) Any order for a combination of items in excess of ; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)A.3 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end of the contract period.(End of Clause)FAR NumberTitleDate52.217-8OPTION TO EXTEND SERVICESNOV 199952.217-9OPTION TO EXTEND THE TERM OF THE CONTRACTMAR 200052.224-2PRIVACY ACTAPR 1984(End of Addendum to 52.212-4)A.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017) ALTERNATE II (NOV 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: [] (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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (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). [] (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 Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [] (16) 52.219-8, Utilization of Small Business Concerns (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)). [] (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). [] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (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)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (38)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (39)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (41)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (48) 52.225–5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [] (49) 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). [] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (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 (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, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (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), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than— (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (A) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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. (D) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (E) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (J)(1) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (2) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (OCT 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (O) 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). (P) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (Q)(1) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (2) Alternate I (JAN 2017) of 52.224-3. (R) 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. (S) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)FAR NumberTitleDate52.203-6RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENTSEP 200652.219-7NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDEJUN 200352.222-35EQUAL OPPORTUNITY FOR VETERANSOCT 201552.222-37EMPLOYMENT REPORTS ON VETERANSFEB 201652.222-40NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACTDEC 201052.222-54EMPLOYMENT ELIGIBILITY VERIFICATIONOCT 2015 ................
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