Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 29, 2010 FBO #3200
SOLICITATION NOTICE

D -- Commercial Radiological/Chemical Plume Analysis software solution - Combined Synopsis/Solicitation in Adobe PDF - Attachment 1, Statement of Work and Deliverables

Notice Date

8/27/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541990 — All Other Professional, Scientific, and Technical Services
 

Contracting Office

Department of Health and Human Services, Food and Drug Administration, Office of Acquisitions and Grants Services, 5630 Fishers Lane, Room 2129, Rockville, Maryland, 20857-0001
 

ZIP Code

20857-0001
 

Solicitation Number

NRC-RFP-10-015
 

Archive Date

9/25/2010
 

Point of Contact

Dominique Malone, Phone: (301)492-3613, Joseph Widdup, Phone: (301)492-3612
 

E-Mail Address

Dominique.Malone@nrc.gov, Joseph.Widdup@nrc.gov
(Dominique.Malone@nrc.gov, Joseph.Widdup@nrc.gov)
 

Small Business Set-Aside

N/A
 

Description

Attachment 1, Statement of Work and Deliverables Combined Synopsis/Solicitation in Adobe PDF **The Combined Synopsis Solicitation is also attached in Adobe PDF.** (I) This 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. (II) The solicitation number is NRC-RFP-10-015. This solicitation is being issued as a Request for Proposal (RFP). (III) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-43. (IV) The associated NAICS code 541990, with a small business size standard of $7 Million. This combined synopsis/solicitation is being issued as a full and open competitive requirement. (V) The following is the contract type, pricing and period of performance: A. The contract type is firm fixed price. B. Below, the offeror shall propose the firm fixed price for the base year. The total firm fixed price of the Base Year is _______. The total firm fixed price of Option Year I is _______. C. The period of performance is as follows: Base Period (September 30, 2010 - September 29, 2011) Option Year I (September 30, 2011 - September 29, 2012) (VI) Statement of Work and Deliverables See Attachment 1 (VIII) The provision at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. ADDENDUM TO PROVISION 52.212-1 - PROPOSAL SUBMISSION INSTRUCTIONS This addendum replaces paragraph (b) in provision 52.212-1. (1) Submission of proposals. Submit signed and dated proposals to the email address specified in this solicitation so that they are received at that email address at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, proposals must include- (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) The following proposal volumes as separate electronic documents: Volume Contents Format I. Technical Proposal and Past Performance Information Volume Technical Proposal and Past Performance Information Electronic, via email (must be submitted in a format that is readable by either Microsoft Word or Adobe) II. Business Volume Cost/Price Information Electronic, via email (must be submitted in a format that is readable by Microsoft Excel) (4) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (5) Acknowledgment of Solicitation Amendments; (6) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (7) If applicable, the offeror shall provide evidence that they are authorized reseller or partner. (2) Proposal Content (a) Volume I: Technical Proposal and Past Performance The technical proposal shall contain all the required information to evaluate the Offeror's capability for performing the required services. This Volume shall consist of a summary description of the Offeror's technical approach of meeting the requirements in accordance with the Statement of Work. The Technical Proposal is required to meet all requirements of the solicitation, not just the requirements of the Statement of Work, to be eligible for award. The Technical Proposal must include a discussion of your methodology to meet all the requirements of the contemplated contract. The Technical Proposal discussion shall be specific, detailed, and complete enough to clearly and fully demonstrate that you understand the requirements and the inherent problems associated with the objectives of this procurement. Stating that you understand and will comply with the specifications, or paraphrasing the specifications is inadequate as are phrases such as: "Standard procedures will be employed" and "Well-known techniques will be used." The Technical Proposal must address each portion of the Statement of Work and be sufficiently detailed so as to allow the government to evaluate the feasibility of how your organization proposes to comply with the applicable Statement of Work including a full explanation of the techniques and procedures to be followed. Your proposal shall be specific and complete. The offeror is urged to examine this solicitation in its entirety and to assure that the submitted proposal contains all the necessary information and provides all required documentation and is complete in all respects. Evaluation of the proposal will be based on the actual material presented and not on the basis of what is implied. You shall ensure that your price proposal is consistent with your technical proposal in all respects since the price proposal may be used as an aid to determine the offeror understands of the technical requirements. Discrepancies may be viewed as a lack of understanding. Proposals shall provide the basis of the soundness, validity and workability of the proposed technical approach that demonstrates an understanding of the requirement listed in the Statement of Work. 1. Primary Factor I - UNDERSTANDING AND TECHNICAL APPROACH a. The offerors proposal shall demonstrate an understanding and technical approach that will ensure successful completion of the work outlined in the Statement of work, to include the ability to effectively manage the work; the ability to complete work with high technical quality on schedule and within budget constraints; and the ability to resolve problems early in the offeror's performance to avoid slippages. The offeror shall describe in its proposal the parameters of use for the proposed software, which shall include system parameters (memory, processors, speed, number of simultaneous users, license etc.), input/output/graphical displays. In addition, the Offeror shall discuss in its proposal the user parameters for the proposed software, (technical background, expected hours of training for standard users, expected hours of training for advanced users). b. The offeror's proposal shall provide estimates of accuracy for the proposed software against the EPA/NOAA ALOHA software. c. The offeror shall demonstrate that the offered software code complies with Section 508 Standards 1194.21, 1194.31 and 1194.41. 2. Primary Factor II - RELEVANT EXPERIENCE The offers proposal shall provide their corporate experience and successful past performance on contracts performed within the past 3 years, similar in scope, size, and complexity to that relate to the proposed effort. 3. Primary Factor III - PERSONNEL QUALIFICATIONS The offeror's proposal shall demonstrate that the proposed personnel/team inclusive of any proposed subcontractors, possess the relevant qualifications including related education, experience, and training, which is reflected in the offeror's resume submissions, as it relates to the knowledge and experience to install, modify, maintain; and upgrade, as needed, the proposed software. In addition, the Offeror shall demonstrate that the key personnel are familiar with the use of the proposed software. Further, the offeror shall address the availability of key and support personnel, as well as any proposed subcontractor personnel that may be used to perform under this effort. 4. Primary Factor IV - PAST PERFORMANCE Offerors shall provide current or past contracts within the past three (3) years that identify that offeror's ability to perform the required effort successfully. Past performance information that will be used for both the responsibility determination and best value decision. NRC may use performance information obtained from other than the sources identified by the offeror/subcontractor. NRC may utilize existing databases of contractor performance information and solicit additional information from the references provided in response to the RFP and from other sources. (c) Price Proposal Contents The offeror shall provide it's firm fixed price for the base year and option year I. (d) If software proposed by the offeror is currently developed and available the offeror shall submit a completed copy of the Voluntary Product Accessibility Template at: http://www.itic.org/clientuploads/resources/ITI-VPAT-v1.3.doc. (End of Addendum to 52.212-1) EVALUATION FACTORS FOR AWARD The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, cost/price and other factors considered. Non-cost/price factors, when combined, are significantly more than cost/price. All non-cost/price evaluation factors are listed in descending order of importance. i. The following factors shall be used to evaluate offers: (I) Non-Cost/Price Evaluation Factors 1. Primary Factor I - UNDERSTANDING AND TECHNICAL APPROACH Subfactor I a. Extent to which the Offeror's proposal demonstrates an understanding and technical approach that will ensure successful completion of the work outlined in the Statement of work, to include the ability to effectively manage the work; the ability to complete work with high technical quality on schedule and within budget constraints; and the ability to resolve problems early in the Offer's performance to avoid slippages. The Offeror shall describe in its proposal the parameters of use for the proposed software, which shall include system parameters (memory, processors, speed, number of simultaneous users, license etc.), input/output/graphical displays. In addition, the Offeror shall discuss in its proposal the user parameters for the proposed software, (technical background, expected hours of training for standard users, expected hours of training for advanced users). Subfactor II b. Extent to which the Offeror's proposal provides estimates of accuracy for the proposed software against the EPA/NOAA ALOHA software. Subfactor III c. The extent to which the offered software code complies with Section 508 Standards 1194.21, 1194.31 and 1194.41. 2. Primary Factor II - RELEVANT EXPERIENCE The extent to which the Offeror's proposal demonstrates re experience and successful past performance on contracts performed within the past 3 years, similar in scope, size, and complexity to that described in the NRC's Statement of Work. 3. Primary Factor III - PERSONNEL QUALIFICATIONS Extent to which the Offeror's proposal demonstrates that the proposed personnel/team inclusive of any proposed subcontractors, possess the relevant qualifications including related education, experience, and training, which is reflected in the Offeror's resume submissions, as it relates to the knowledge and experience to install, modify, maintain; and upgrade, as needed, the proposed software. In addition, the Offeror shall discuss the extent to which the key personnel are familiar with the use of the proposed software. Further, the Offeror shall address the availability of key and support personnel, as well as any proposed subcontractor personnel that may be used to perform under this effort. 4. Factor IV PAST PERFORMANCE The Government will evaluate the Offeror's past performance on relevant current or contracts/orders completed within the past three years based on feedback from references provided by the Offeror or information that the Government otherwise obtains. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance will be considered. This comparative assessment of past performance information is separate from the responsibility determination required under Subpart 9.1. NRC may use performance information obtained from other than the sources identified by the offeror/subcontractor. NRC may utilize existing databases of contractor performance information and solicit additional information from the references provided in response to the RFP and from other sources. The Offeror's past performance information will be evaluated in terms of: • Quality of product or service, including consistency in meeting goals and targets; • Cost control, including forecasting costs as well as accuracy in financial reporting; • Timeliness of performance, including adherence to contract schedules and other time-sensitive project conditions and effectiveness of management to make prompt decisions and ensure efficient completion of tasks; • Business relations, addressing the history of professional behavior and overall business-like concern for the interests of the customer, including coordination among subcontractors, cooperative attitude in remedying problems and timely completion of all administrative requirements; • Customer satisfaction with performance, including end user wherever possible;• Effectiveness of key personnel, including appropriateness of personnel for the job and prompt and satisfactory changes in personnel when problems with clients where identified; • Prime offerors who are not small business concerns under the NAICS code for this acquisition will be evaluated on their performance in using small business concerns as subcontractors, joint ventures and in other teaming arrangements. In cases where: (i) an offeror lacks relevant performance history; (ii) information on performance is not available; Then the offeror will not be evaluated favorably or unfavorably on performance and shall receive a neutral rating. Overall, the Government will assess the relative risks associated with past performance information. Performance risks are those associated with an offeror's likelihood of success in performing the acquisition requirements as indicated by that offeror's record of past performance. (II) Price The Government will evaluated the offered a firm fixed price to complete the services over the base year and one option year. The total firm fixed price of the base year and the one option year will be evaluated for reasonableness. (a) 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). (XI) The clause 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The following clauses also apply to this solicitation and resultant contract: 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 address(es): http://www.acquisition.gov/far 52.227-14 RIGHTS IN DATA--GENERAL DEC 2007 52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007 52.245-1 GOVERNMENT PROPERTY JUN 2007 The following clauses also apply to this solicitation and resultant contract: 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration of the then-current term; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years. (XII) Clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition. a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [] (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (Pub. L. 111-5). [] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (7) [Reserved] [] (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-6. [] (iii) Alternate II (Mar 2004) of 52.219-6. [] (9)(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. [] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [] (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [] (13) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). [] (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)). [X] (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). [X] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [X] (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [X] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). [] (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.) [] (27)(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.) [] (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [X] (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [] (30) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (31)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138). [] (ii) Alternate I (Jan 2004) of 52.225-3. [] (iii) Alternate II (Jan 2004) of 52.225-3. [] (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (33) 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). [] (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [X] (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [] (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (40) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (42)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Employee Class Monetary Wage-Fringe Benefits [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Removed and reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JAN 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (JULY 2006) (a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24. (b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended). (c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract. (XIII) Additional contract requirement(s) or terms and conditions determined by the Commercial practices. (XIV) The date, time and place offers are due is a follows: All questions shall be submitted to Dominique.Malone@NRC.gov no later than September 3, 2010, 4:30pm EST. Only written questions will be accepted. No phone calls please. An electronic proposal shall be received prior to September 10, 2010, 4:30pm, EST on to the attention of: Dominique Malone Sr. Contract Specialist DOMINIQUE.MALONE@NRC.GOV (XV) The name and telephone number of the individual to contact for information regarding the solicitation. Dominique Malone Sr. Contract Specialist DOMINIQUE.MALONE@NRC.GOV Phone: (301)492-3613 Mailstop: TWB-01-A31M Washington, DC 20555-0001 All responsible sources may submit a response to this notice to be considered by the agency.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/FDA/DCASC/NRC-RFP-10-015/listing.html)
 

Place of Performance

Address: NRC Headquarters, Rockville, Maryland, 20555-0001, United States

Zip Code: 20555-0001
 

Record

SN02258372-W 20100829/100827235722-ccc758c420fdfd1e4cc08659925bf55d (fbodaily.com)
 

Source

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