Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 13, 2010 FBO #3215
SOLICITATION NOTICE

99 -- Army Registry Transcript System (AARTS) Requirement

Notice Date

9/11/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

611710 — Educational Support Services
 

Contracting Office

Contracting Center of Excellence (NCR-CC), ATTN: Policy and Compliance, 5200 Army Pentagon, Room 1D245, Washington, DC 20310-5200
 

ZIP Code

20310-5200
 

Solicitation Number

W91WAW-10-R-0188
 

Response Due

9/17/2010
 

Archive Date

11/16/2010
 

Point of Contact

Regina Y. Foston, 703-428-0425
 

E-Mail Address

Contracting Center of Excellence (NCR-CC)
(fostonr@conus.army.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

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. Combined Synopsis Solicitation Army Registry Transcript System (AARTS) U.S. Army Human Resources Command (HRC) Request for Proposal (RFP): W91WAW-10-R-0188 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation document is issued as a Request for Proposal (RFP). Please submit written proposals against RFP Number W91WAW-10-R-0188. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30, effective 15 January 2009. The North American Industry Classification System (NAICS) code is 611710 and the size standard is $7.0 Million. This acquisition is solicited as a 100% Small Business Set-Aside. The Government intends to award a Firm-Fixed-Price (FFP) contract resulting from this combined synopsis/solicitation. The purpose of this combined synopsis/solicitation is to procure personnel who shall evaluate transcripts for Soldiers and Veterans of the Army, Army National Guard, and the U.S. Army Reserve. Contractors will be required to evaluate the Soldiers and Veterans military training as well as job-related experiences and make recommendations toward awarding college-level credits. Contractors shall provide the unit price for the requirements listed below: Base Year (Period of Performance: 1 October 2010 30 September 2011) CLIN 0001 Description of CLIN 0001: The Contractor shall provide transcript services for soldiers and veterans in accordance with the Performance Work Statement (PWS). Quantity: 12 Unit of Issue: Month Unit Price: ______ Total Amount:_______ Option Year One (Period of Performance: 1 October 2011 30 September 2012) CLIN 1001 Description of CLIN 1001: The Contractor shall provide transcript services for soldiers and veterans in accordance with the Performance Work Statement (PWS). Quantity: 12 Unit of Issue: Month Unit Price: _____ Total Amount: ________ Performance Work Statement: Army Registry Transcript System PART 1 GENERAL INFORMATION 1.0 GENERAL: This is a non-personnel services contract to provide support for the Armys Education Transcript, which is also known as the Army Registry Transcript System (AARTS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor, who is responsible to the Government. 1.1 INTRODUCTION: The AARTS office, currently located at Fort Leavenworth, Kansas, produces transcripts for Soldiers and Veterans of the Army, Army National Guard, and US Army Reserves. These transcripts detail the Soldiers and Veterans respective military training as well as job-related Military Occupational Specialties (MOS) and experiences. These transcripts are recognized by the academic community worldwide. These transcripts also ensure that Soldiers and Veterans receive recognition for their service to the nation by receiving potential college-level transfer credits as they pursue their education at colleges and/or universities. The AARTS transcript includes the following for each soldier: (1) A record of demographic information; (2) Military training and job-related experiences; and (3) College-level and Department of Defense Foreign Language test scores. While the record of training and educational experiences has value, the true merit of the AARTS transcript lies in the college credit recommendations. The Contractor will be responsible for constructing the transcript itself, validating the transcripts authenticity, monitoring the quality of the transcript, and ensuring that the transcripts are in compliance with the academic standards. Once the Contractor has fulfilled the aforementioned responsibilities, the AARTS Operations Center will provide an official transcript to the Soldiers or Veterans colleges and universities. 1.2 SCOPE AND OBJECTIVES: To accomplish these objectives, the contractor shall: "Provide technical consult support for the AARTS. Provide technical/expert advice to assist in moving AARTS into a paperless environment. "Facilitate/advocate electronic transmission to and acceptance by the academic community at large. "Ensure/coordinate the delivery of all completed evaluations (in electronic format) to HRC-PDE on a weekly basis. "Provide specific advisory and technical consult services related to the AARTS transcript development and acceptance. "Provide program awareness and information to enhance the academic communitys worldwide acceptance of college credit recommendations shown on the AARTS transcript. 1.3WORK LOCATION: Work may be performed at the Contractors and the Governments Site. 1.4PERIOD OF PERFORMANCE: The Period of Performance is scheduled for one (1) base year of twelve (12) months and one (1) 12-month option year. 1.5 GENERAL INFORMATION: 1.5.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractors quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP is to be delivered, i.e., within 30 days after contract award. After acceptance of the QCP, the Contractor shall receive the Contracting Officers acceptance in writing of any proposed change to his QC system. 1.5.2 Contract Type: The Government anticipates award of a Firm-Fixed-Price (FFP) contract. 1.5.3 Security Qualifications: Due to the sensitivity of some training and the information which could be obtained in the performance of these tasks, all Contractors performing under this PWS are required to agree and complete a National Agency Check (NAC) to verify the identity of the individual applying for clearance. Contractors are required to provide truthful answers to relevant and material questions needed to reach a suitability determination. If any of the Contractors have already been cleared by DOD or another Federal Government agency, further clearance may not be necessary. The Contractor must provide the Contracting Officers Representative (COR) with the appropriate documentation that supports the individuals cleared status. The Contractor shall (at a minimum) be required to access or control unclassified documents that require For Official Use Only (FOUO) document designation. 1.5.4 Travel: The Contractor will be required to travel within CONUS and possibly OCONUS during the performance of this contract to attend meetings, conferences, and on occasion visit the AARTS Operation Center. The Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization prior to execution. The COR must approve all travel requests. The Contractor shall not exceed $20,000 annually for travel. In addition, the contractor must supply the names and information of all personnel traveling to military installations or government sites at least 15 working days prior to the trip to ensure that they have gained the proper clearance. 1.5.5Other Direct Costs: This category includes preparation of all printed or published communication materials, reproduction costs, and shipping expenses associated with training activities, printed material, and visits to government sites. The Contractor shall not exceed $10,000 annually for all estimated costs associated with these tasks. 1.5.6 Data Rights: The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government-owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 1.5.7 Post Award Conference and Periodic Progress Meetings: The Contractor shall agree to attend any post-award conference meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition regulation Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractors performance. At these meetings the Contracting Officer shall apprise the Contractor of how the Government views the Contractors performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve any outstanding issues. These meetings shall be at no additional cost to the Government. 1.5.8 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; Performs inspections necessary in connection with contract performance; Maintains written and oral communications with the Contractor concerning technical aspects of the contract; Issues written interpretations of technical requirements (including Government drawings, designs, specifications); Monitors Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; Coordinates availability of Government furnished property; and provides site entry for Contractor personnel. The COR Designation Letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 1.5.9 Contract Manager: The contractor shall provide a Contract Manager who shall be responsible for ensuring that work is performed in accordance with the PWS. An Alternate Contract Manager shall also be provided throughout the duration of the requirement. (NOTE: The Alternate Contract Manager shall serve as the Contract Manager during his/her absence.) Names of the Contract Manager and Alternate Contract Manager shall be designated in writing to the Contracting Officer. The Contract Manager or Alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. 1.5.10Key Personnel Replacement and Substitution: Key Personnel are those persons essential for successful mission accomplishment as outlined in the PWS. The Contractor shall agree to use Key Personnel during the performance of this contract. Key Personnel shall not be removed from the contract work, replaced, or supplemented with additional personnel unless authorized in accordance with this provision. 1.5.11Government Remedies: The Contracting Officer shall follow FAR 52.212-4, Contract Terms and Conditions Commercial Items throughout the contracts duration. 1.5.12 Submission of Invoices/Vouchers: All bills and payment vouchers will be submitted using Wide Area Work Flow (WAWF). 1.5.13 Accounting for Army Service Contracts: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for the performance of the contract. The contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officers Representative; (2) Contract number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, contractors employee entering data; (5) Actual direct labor hours (including subcontractors); (6) Actual direct labor dollars paid this reporting period (including subcontractors); (7) Total payment (including subcontractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by the contractor (and separate predominant FSC for each subcontractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website; (12) Presence of deployment or contingency contract language; and (13) Number of contractor and subcontractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by October 31 of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractors system to the secure website without the need for separate data entries for each required data element at the web site. The specific formats for the XML transfer may be downloaded from the web site. The contractor will report data submission to the COR via the Monthly Status Report. PART 2 DEFINITIONS & ACRONYMS 2.0 DEFINITIONS AND ACRONYMS: 2.1. DEFINITIONS: CONTRACTOR: A supplier or vendor having a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime. CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. DEPARTMENT OF DEFENSE FOREIGN LANGUAGE TEST: Battery of foreign language tests produced by the Defense Language Institute (DLI) and used by the United States Department of Defense (DoD). They are intended to assess the general language proficiency of native English speakers in a specific foreign language, in the skills of reading and listening. The tests are meant to measure how well a person can function in real-life situations in a foreign language according to well-defined linguistic tasks and assessment criteria. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement. DELIVERABLE: Anything that can be physically delivered but may include non-physical things such as meeting minutes. KEY PERSONNEL: Contractor personnel that may be required to be used in the performance of a contract by a Key Personnel clause. PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property. QUALITY ASSURANCE: Policies and procedures adopted by the government to ensure that supplies and services acquired under the government contracts conform to the contracts quality and quality requirements. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A plan describing how the agency will survey, observe, test, sample, evaluate and document the contractors performance in meeting critical performance standards identified in the contract. QUALITY CONTROL: Tasks performed by contractors to improve the quality of the organizations output. 2.2. ACRONYMS: ACORAlternate Contracting Officer's Representative AFARSArmy Federal Acquisition Regulation Supplement ARArmy Regulation AARTS Army Registry Transcript System CFRCode of Federal Regulations CONUSContinental United States (excludes Alaska and Hawaii) CORContracting Officers Representative COTRContracting Officer's Technical Representative COTSCommercial Off the Shelf DADepartment of the Army DD250Department of Defense Form 250 (Receiving Report) DD254Department of Defense Contract Security Requirement List DFARSDefense Federal Acquisition Regulation Supplement DMDCDefense Manpower Data Center DODDepartment of Defense FARFederal Acquisition Regulation KOContracting Officer MOSMilitary Occupational Skill NCRCCNational Capital Region Contracting Center OCIOrganizational Conflict of Interest OCONUSOutside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPOPhase In/Phase Out POCPoint of Contact PRSPerformance Requirements Summary PWSPerformance Work Statement QAQuality Assurance QAPQuality Assurance Program QASPQuality Assurance Surveillance Plan QCQuality Control QCPQuality Control Program TETechnical Exhibit PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES 3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES: 3.1. Services: This will be determined upon award of the contract. The following will apply if services are provided on the Government site: 3.1.2 Facilities (If applicable): The Government will provide the necessary workspace for the contractor staff to include desk space, telephones, computers, and other items necessary to maintain an office environment. 3.1.3 Equipment (If applicable): The Government will provide access to fax machines, printers, shipping crates, lighting and sound, etc. 3.1.4 Materials (If applicable): The Government will provide basic office supplies. PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4.0 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: 4.1 General (If applicable): This will be determined upon award of the contract. The Contractor shall furnish all supplies, equipment, facilities, printed materials, and services (outlined in this PWS) if the services are provided on the Contractors site. PART 5 SPECIFIC TASKS 5.0 SPECIFIC TASKS: 5.1 College Credit Recommendation Data The Contractor shall provide college credit recommendation data to the AARTS Operations Center. 5.1.1 Updated Military Guide-On-Line (Electronic Updates of the Contractors Guide) The Contractor shall deliver electronic updates of the Contractors Guide (in eXtensible Markup Language) to the HRC PDE on a weekly basis. One file must (at a minimum) include military course exhibits divided into sections for Army, Navy, Air Force, Marine Corps, Department of Defense, Coast Guard Exhibits, and one file for Army MOSs. Files must be compatible with format decisions made by the members of the Data Summit Group. Data text files must be accurate with regard to format and spelling prior to submission to the AARTS Operations Center. Updates must be reviewed for the feasibility and impact of merging credit recommendations that cross-reference other exhibits in order to combine the additional credit in the body of the trnascript. The AARTS database shall accept updates of Master Tables within a five-percent data-rejection rate of total updates for any given month. The AARTS Operations Center Manager will identify and correct errors within the five-percent range. The Contractor will correct errors greater than the allowable five-percent range. The Contractor shall provide the statement, Pending Evaluation, for new Army MOS exhibits in which evaluations are not yet available. The Contractor shall provide the following for each phase (for courses with two or more phases): Credit Recommendation, Military Course Number, Phase Number, Length, Location, and Description. The Contractor shall conduct annual audits to certify that information appearing on the transcript is correct and complete. Prior to the audit, the Contractor shall define the criteria for the audit and provide such criteria to the AARTS Program Manager. 5.1.2 Course Numbers: The Contractor shall compare course numbers for the Army Programs of Instruction (POI) received from the Army with course numbers used by the Army Training Requirements and Reservations System (ATRRS). If there is a verifiable difference in the numbers, the Contractor shall inform the AARTS Program Manager of the discrepancy. 5.2Official Seal 5.2.1 The Contractor shall provide third-party quality assurance of the transcript data and grant permission to the Army Human Resources Command, the Adjunct General Directorate, and Education Division to use the accrediting agency as a part of the transcript title. 5.2.2 The Contractor shall provide authorization to AHRC, TAGD, and the Education Division before printing their educational seal on all paper and electronic versions of the AARTS transcript. 5.2.3 The Contractor shall conduct periodic quality assurance audits of the printed copies of the AARTS transcripts in order to validate the information on the face of the AARTS transcript. Prior to the audit, the Contractor shall provide the criteria for the audit. After the audit, the Contractor shall provide written reports of the audit results to the AARTS Program Manager. 5.2.4 The Contractor shall collect information from the colleges and universities to which the AARTS transcripts are sent, based on lists of colleges and universities provided by the AARTS Operations Center Manager. 5.3 Presentations 5.3.1 The Contractor shall provide a presentation on AARTS at educational conferences and at least three regional workshops for the higher education community. The following are highly-recommended conferences: American Association of Collegiate Registrars and Admissions Officers (AACRAO), Council of Colleges and Military Educators (CCME), and the tri-annual Department of Defense (DOD) Worldwide Education Symposium. 5.4 AARTS/SMART Advisory Committee 5.4.1 The Contractor shall organize, conduct, and preside over an AARTS/SMART Advisory Committee as required. Members will represent the academic and accreditation communities. The AARTS Advisory Committee shall not exceed six (6) persons from the academic community external to the effort with membership evenly divided between institutions that are members of AACRAO and the Servicemembers Opportunity Colleges (SOC) colleges and universities. The Director of Education for the Army will participate in the selection of committee members. The selection criteria for members of the committee and final approval of members will remain with the contractor and the AARTS/SMARTS Advisory Chairperson. The AARTS/SMARTS Advisory Committee shall meet at least once annually at a mutually acceptable location. Hotels will be selected based on government per diem rates. 5.5 Periodic Surveys 5.5.1 The Contractor shall conduct continuing and periodic surveys to determine use of the AARTS transcript to award college credit. In advance, the Contractor shall provide the elements defined for each survey. The Contractor shall deliver written reports of the surveys to the AARTS Program Manager quarterly, unless otherwise specified. 5.6 Educational Publications Within the professional educational publications, the Contractor shall promote awareness and understanding of the AARTS transcript for continued acceptance of the transcript descriptions and credit recommendations which align military courses and Army MOSs with civilian education and occupations. In addition, the contractor shall deliver the publication schedule and article drafts/promotional items intended for publication to the AARTS Program Manager. The Contractor shall deliver quarterly written reports of the publications to the AARTS Program Manager, unless otherwise specified. 5.7 Publication of AARTS Information The Contractor shall coordinate the update and publication of the AARTS information in the Guide to the Evaluation of Educational Experiences in the Armed Services. These updates will be in the Questions and Answers introductory section, and in the Sample Military Records appendix. The AARTS Program Manager will provide samples of an AARTS transcript and Request for AARTS Transcript, DA Form 5454-R which may be displayed in all publications. In addition, the Contractor shall publish at least one article per year about the AARTS transcript in the Center for Adult Learning and Educational Credentials (CALEC) publication, Center Point. The Contractor shall also submit articles for publication in at least three professional educational publications other than Center Point. Articles shall be scholarly, professional documents that contain statistical data. One highly recommended publication is the ERIC database. 5.8AARTS Brochure The Contractor shall update, print, and deliver an AARTS brochure targeting Soldiers, Veterans, and colleges (10,000 annually). The Contractor shall deliver logistics to be determined by the government upon award. The Contractor shall provide a draft of the brochure to AARTS Program Manager prior to printing to ensure accuracy of Army-related information. 5.9Written Reports The Contractor shall deliver written reports of tasks performed within 15 days of each fiscal quarter (December, March, June, and September) to the AARTSs Program Manager. The Contractor shall provide the AARTS Program Manager with a draft copy of any proposed changes to the AARTS transcript format. The Contractor shall ensure accuracy and completeness of the transcript. Part 6 References and Publications 6.0 REFERENCES AND PUBLICATIONS: Department of the Army Pamphlet 611-21, Military Occupational Classification and Structure. http://www.apd.army.mil Army Publishing Directorate Website https://www.atrrs.army.mil Army Training Requirements and Resources System Website Guide to the Evaluation of Educational Experiences in the Armed Services: Available online at: http://www.militaryguides.acenet.edu DELIVERIES OR PERFORMANCE The Period of Performance (POP) is as follows: Base Year: Twelve (12) months after the effective date of award with one (1) option year. FAR 52.212-1Instructions to OfferorsCommericial Items, applies to this acquisition. FAR 52.212-2EvaluationCommercial Items, applies to this acquisition Basis of Award: The following factors shall be used to evaluate offers: Factor 1: Technical Capabilities Sub-Factor 1 Understanding of Requirements. The Government will evaluate the offerors understanding of the work and experience with work of similar nature, scope, complexity and difficulty outlined in Part 5 of the Performance Work Statement (PWS) that must be performed under the prospective contract contemplated by this solicitation. Sub-Factor 2 Management Approach. The offerors proposal will be evaluated to include the extent to which it demonstrates a sound understanding of the PWS requirements, provides a comprehensive approach to meeting the PWS requirements, and identifies the risks in performance and describes the plan to successfully mitigate the risks. The proposal shall demonstrate the offerors qualifications and experience in those areas that are relevant to the tasks described in the PWS. The offeror shall have sufficient fiscal and management resources on hand and available to begin and sustain work on the effort. The organizational chart must clearly depict a quality approach, setting out the roles, responsibilities, and functions within the prime contractor organization and showing a clear and effective relationship with sub-contractors to accomplish the requirements. The quality control program and PRS will be evaluated for soundness and a reflection of a thorough understanding of the PWS. The offeror shall have sufficient procedures to account for and control any Government Furnished Equipment (GFE). Sub-Factor 3 Quality Control Plan (QCP). The Government will evaluate how the offeror intends to monitor, inspect, and correct deficiencies for the requirements of the PWS. The Government reserves the right to incorporate the QCP in the contract that will result from the solicitation. The QCP will be considered releasable under the Freedom of Information Act (FOIA). Factor 2: Price The Government will evaluate the offerors price to determine that prices are fair and reasonable. Price will be evaluated for completeness and reasonableness using the techniques in FAR 15.404-1(b)(2). 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). No adjectival ratings will be used to evaluate price. Factor 1 will be rated using the following Adjectival Scale: Acceptable: A proposal that satisfies all of the Governments requirements with minimal detail to indicate feasibility of the approach and shows a minimal understanding of the problems, with an overall moderate to high degree of risk in meeting the Governments requirements. Unacceptable: A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the problems or an approach that cannot be expected to meet requirements or involves a very high risk; and none of these conditions can be corrected without a major rewrite or revision of the proposal. FAR 52.212-3, Offeror Representations and CertificationsCommercial Items (incorporated by reference), applies to this acquisition. Therefore, offerors must submit a completed copy of their representation and certification information with this quotation. FAR 52.212-4, Contract Terms and ConditionsCommercial Items (incorporated by reference), applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Items (incorporated by full-text), applies to this acquisition. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2009) _x__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644) _x__ (18) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _x__ (20) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _x__ (21) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _x__ (23) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). _x__ (25) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). _x__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) (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) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (ii) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (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)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until May 21, 2009.) (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) The Government intends to award a Firm-Fixed-Price (FFP) contract resulting from this combined synopsis/solicitation. Contractors shall submit their questions to Ms. Regina Y. Foston via electronic-mail at FostonR@conus.army.mil no later than 15 September 2010 (1:00 PM EDT). Telephone inquiries will not be accepted. The combined synopsis/solicitation closing date and time are as follows: 17 September 2010 (3:00 PM EDT). All proposals shall be submitted to Ms. Regina Foston via electronic-mail at FostonR@conus.army.mil. Telephone inquiries will not be accepted.
 

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