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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 21, 2016 FBO #5354
SOLICITATION NOTICE

J -- Service Agreement for the Maintenance of Video and Broadcast Equipment - Combined Synopsis/Solicitation - Equipment Listing

Notice Date

7/19/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811213 — Communication Equipment Repair and Maintenance
 

Contracting Office

Department of Health and Human Services, Centers for Disease Control and Prevention, Procurement and Grants Office (Atlanta), 2920 Brandywine Road, Room 3000, Atlanta, Georgia, 30341-4146
 

ZIP Code

30341-4146
 

Solicitation Number

2016-N-17864A
 

Archive Date

8/26/2016
 

Point of Contact

Genesika Carter, Phone: 7704882063
 

E-Mail Address

fkn7@cdc.gov
(fkn7@cdc.gov)
 

Small Business Set-Aside

N/A
 

Description

Equipment Listing Combined Synopsis Solicitation SUBJECT: Service Agreement for the Maintenance of Video and Broadcast Equipment SOLICITATION NUMBER: 2016-N-17864A RESPONSE DUE DATE/TIME: August 11, 2016/ 10:00 am EASTERN TIME SECTION A - 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. This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-40. The associated North American Industrial Classification System (NAICS) code for this procurement is 811213 -Communication Equipment Repair and Maintenance with a Standard Size of $11M. THIS IS A FULL AND OPEN REQUIREMENT. This is a RFP for the maintenance of video and broadcast equipment with options. The Government intends to award a Firm Fixed-Price contract as a result of this solicitation that will include the terms and conditions that are set forth herein. SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1. DESCRIPTION OF SUPPLIES & SERVICES B.1.1. The Laboratory Training and Services Branch (LTSB), Division of Laboratory Systems (DLS), Centers for Disease Control and Prevention (CDC), uses a variety of video production equipment to accomplish its public health mission. Video production and broadcast equipment is used for live broadcast online webinars, as well as video projects that are included in eLearning training programs that are delivered online. Therefore, these instruments must be operational at all times to provide emergency response and educational capabilities. This equipment is fairly complex with integrated computer operations and dedicated software, and their proper maintenance and repair requires a high degree of technical skills and long-term familiarity with the hardware. Because of CDC's emergency response role in laboratory safety, it is critical that the downtime due to repairs is minimal. B.1.2. Contract Type is Firm-Fixed Price. B.1.3. Pricing Terms - "CLIN defined by 0001 etc." means contract line item that corresponds to each year. "UNIT PRICE" represents the amount to be paid to the contractor monthly. CLIN SUPPLIES/SERVICES QTY/UNIT UNIT PRICE UNIT EXTENDED PRICE 0001 Base Year - Maintenance Agreement - Contractor shall provide maintenance for Video and Broadcast Equipment in accordance with the attached PWS. Period of Performance: 09/01/2016-08/31/2016 12 Months 0002 Option Year 1 - Maintenance Agreement - Contractor shall provide maintenance for Video and Broadcast Equipment in accordance with the attached PWS. Period of Performance: 09/01/2017 - 08/31/2018 12 Months 0003 Option Year 2 - Maintenance Agreement - Contractor shall provide maintenance for Video and Broadcast Equipment in accordance with the attached PWS. Period of Performance: 09/01/2018 - 08/31/2019 12 Months 0004 Option Year 3 - Maintenance Agreement - Contractor shall provide maintenance for Video and Broadcast Equipment in accordance with the attached PWS. Period of Performance: 09/01/2019 - 08/31/2020 12 Months 0005 Option Year 4 - Maintenance Agreement - Contractor shall provide maintenance for Video and Broadcast Equipment in accordance with the attached PWS. Period of Performance: 09/01/2020 - 08/31/2021 12 Months TOTAL AGGREGATE AMOUNT (CLIN 0001 THRU 0005): tiny_mce_marker________________ SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Title of Project: Maintenance of LTSB Production Facility Equipment Background and Need - The Laboratory Training and Services Branch (LTSB), Division of Laboratory Systems (DLS), Centers for Disease Control and Prevention (CDC), uses a variety of video production equipment to accomplish its public health mission. Video production and broadcast equipment is used for live broadcast online webinars, as well as video projects that are included in eLearning training programs that are delivered online. Therefore, these instruments must be operational at all times to provide emergency response and educational capabilities. This equipment is fairly complex with integrated computer operations and dedicated software, and their proper maintenance and repair requires a high degree of technical skills and long-term familiarity with the hardware. Because of CDC's emergency response role in laboratory safety, it is critical that the downtime due to repairs is minimal. Project Objective - The purpose of this procurement is to obtain a service agreement, including technical maintenance and service support, for the video production equipment operated in the Laboratory Training and Services Branch (LTSB), specifically the production facility based in Roybal Building. This service agreement would ensure timely repairs to minimize downtime, optimize hardware performance, and would be at a set cost regardless of the number of calls made. Scope of Work - The Contractor shall provide telephone support, on-site repairs by qualified engineers, priority response time, and coverage of all parts and travel to CDC. Contractor shall troubleshoot, fix or replace all equipment listed in the "Equipment Listing" document. Equipment that is currently under warranty is not included and may be added via contract modification after warranties expire. The Contractor shall furnish all material, labor, tools, parts and shipment of parts, supplies, and equipment necessary to provide these services at no additional cost to the Government. Technical Requirements - The Contractor shall perform the following tasks to optimize performance and ensure timely repairs of the video production equipment: 1. Respond to phone calls regarding service needs for instruments covered in the maintenance agreement. Vendor must provide 8-hour response via telephone subsequent to placement of service request during regular business hours. 2. Provide maintenance and repair for on-site service instruments. Vendor must provide on-site response within 48 hours and subsequent to placement of service request during normal business hours. 3. In the event of repair, include all labor, materials (i.e. replacement parts), and shipping of such parts associated with the repair at no additional costs. 4. Provide 1 on-site Preventive Maintenance (PM) visit per year. 5. Provide on-site service visits as needed for typical support functions such as troubleshooting equipment, repairs, and replacement equipment installation. 6. Vendor must provide free software upgrades on covered software as required within 48 hours of installation and configuration. 7. Contractor must be located within a 50 mile radius of the Atlanta, GA area. Further, the vendor shall perform the same level of work, providing the same deliverables for each year of service. Reporting Schedule - All electronic files, if applicable, should be delivered in MS Word format and provided via e-mail to the COR. Please see below deliverables chart for schedule. Special Considerations - The contractor must have an extensive background and experience with the following: trained and well qualified technical staff with broadcast television equipment experience; prior knowledge and experience in repair and maintenance of video production hardware and at minimum a completion of a 2 year program in electronics; ability to promptly respond to service call per above ‘technical requirements"; and excellent written and oral communication skills in the English language. Government Furnished Property - None other than the instruments/components which require service. Contract Period of Performance: Base Year: (09/01/2016 -08/31/2017) Option Year 1: (09/01/2017 - 08/31/2018) Option Year 2: (09/01/2018 - 08/31/2019) Option Year 3: (09/01/2019 - 08/31/2020) Option Year 4: (09/01/2020 - 08/31/2021) References - N/A Deliverables - The vendor shall provide the following deliverables to the Laboratory Training and Services Branch by the dates reflected below upon contract award. Deliverables Quantity Date Required Deliver To On-site service visits As needed Due within 24 hours of service notice DLS/LTSB Preventive maintenance 1per year Due throughout the award period based on individual service record DLS/LTSB Telephone support As needed Due within 8 hours of service request DLS/LTSB Successful repair of broken and/or malfunctioning hardware covered by the agreement. As needed Due throughout award period based on need. DLS/LTSB Software upgrades As needed (covered software) Due throughout the award period as needed and upon availability DLS/LTSB Maintenance and repair reports 1 per service request/ visit Due throughout award period upon completion of service DLS/LTSB Monthly service invoices 2 copies Due monthly: beginning 30 days after award date FMO Project Officer Quality Assurance Surveillance Plan (QASP) - Contractor performance and resulting deliverables must adhere to all federal, HHS, and/or CDC IT security policies. All requirements must be delivered to Project Officer. Requirements Standard Criteria and Acceptable Quality Level Quantity Measurement/Due Date Incentive/Disincentive Perform on-site service visits to ensure production equipment is fully operational 99% of the time. Satisfaction by CDC (Yes/No) As needed Due within 1 business day of service notice Withhold partial invoicing until satisfactory completion Perform preventive maintenance of production hardware to avoid potential repairs. Satisfaction by CDC (Yes/No) 1 per year Throughout the award period based on individual service record. Withhold partial invoicing until satisfactory completion Provide timely response for on- site service video production equipment requests. Satisfaction by CDC (Yes/No) As needed Respond within 24 hours following the placement of service request; will provide priority scheduling for on-site service. Withhold partial invoicing until satisfactory completion Provide prompt response to telephone support calls. Satisfaction by CDC (Yes/No) As needed Within 8 hours of the service call. Withhold partial invoicing until satisfactory completion Successful repair of broken and/or malfunctioning video production harware covered by the agreement. Satisfaction by CDC (Yes/No) As needed Due throughout award period based on need. Withhold partial invoicing until satisfactory completion No cost software upgrades and support. Satisfaction by CDC (Yes/No) As needed Throughout the award period as needed and upon availability. Withhold partial invoicing until satisfactory completion Provide maintenance and repair reports following remedial and preventive maintenance Satisfaction by CDC (Yes/No) As needed Due throughout award period upon completion of service. Withhold partial invoicing until satisfactory completion Provide monthly service invoices in a timely manner for processing. Satisfaction by CDC (Yes/No) 1 per month of service Due monthly: beginning 30 days after award date Withhold partial invoicing until satisfactory completion SECTION D - PACKING, MARKING AND SHIPPING D.1. All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and contractor name. D.2. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition. SECTION E - INSPECTION AND ACCEPTANCE E.1. The Contracting Officer's Representative (COR) will perform inspection and acceptance of materials and services to be provided. E.2. For the purpose of this PART, (COR - to be determined upon contract award) is the authorized representative of the Contracting Officer. E.3. Inspection and acceptance will be performed at: the location identified in Part 6 below. Acceptance is communicated in writing unless otherwise indicated in writing by the Contracting Officer or the COR within 15 days of receipt. E.3.1. System maintenance shall be performed by an authorized service engineer at the CDC site. The maintenance of the laboratory instrument shall include a test of the equipment to ensure that it is fully functional before CDC accepts the delivery. E.4. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2(FEB 1998) E.4.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. E.4.2. FAR clause, 52.246-4 Inspection of Services-Fixed Price (Aug 1996) SECTION F - DELIVERIES OR PERFORMANCE F.1. PERFORMANCE F.1.1. Contract Period of Performance: Base Year: (09/01/2016 -08/31/2017) Option Year 1: (09/01/2017 - 08/31/2018) Option Year 2: (09/01/2018 - 08/31/2019) Option Year 3: (09/01/2019 - 08/31/2020) Option Year 4: (09/01/2020 - 08/31/2021) F.1.2. All work on this contract will be performed at CDC facilities located in Atlanta, GA. F.2. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998) F.2.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. F.2.2. FAR 52.247-35, F.O.B. Destination Within Consignees Premises (April 1984) SECTION G - CONTRACT ADMINISTRATION DATA G.1. GOVERNMENT REPRESENTATIVES G.1.1. Contracting Officer (CO) (Jul 1999) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract. (End of Clause) G.1.2. Contracting Officer's Representative (COR) (Sep 2009) Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract. As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof. In the event that the Contractor feels that full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction. If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract. The Government COR is not authorized to change any of the terms and conditions of this contract. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract. The Government will provide the Contractor with a copy of the delegation memorandum for the COR. Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor. (End of Clause) G.2. INVOICE SUBMISSION G.2.1. Payment by Electronic Funds Transfer (Dec 2005) (a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments. (b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting the form titled "ACH Vendor/Miscellaneous Payment Enrollment Form" to the address indicated below. Note: The form is either attached to this contract (see Section L - List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Financial Management Office at (404) 498-4050 <img style="overflow: hidden; cursor: hand; height: 16px; width: 16px; vertical-align: middle; white-space: nowrap; right: 0px; position: static !important; float: none; left: 0px; margin: 0px; display: inline; top: 0px; bottom: 0px;" title="Call: (404) 498-4050" src="data:image/png;base64,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" alt="" />. (c) In cases where the contractor has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed. (d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address: The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 30333 Or - Fax copy to: 404-638-5342 <img style="overflow: hidden; cursor: hand; height: 16px; width: 16px; vertical-align: middle; white-space: nowrap; right: 0px; position: static !important; float: none; left: 0px; margin: 0px; display: inline; top: 0px; bottom: 0px;" title="Call: 404-638-5342" src="data:image/png;base64,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" alt="" /> (End of Clause) G2.2. CDCAG001 - Invoice Submission (Mar 2006) (a) The Contractor may submit the original invoice/voucher via email: Email: FMOAPINV@CDC.GOV FINANCIAL MANAGEMENT OFFICE Email: Fkn7@cdc.gov CONTRACTING OFFICER Email: eqj3@cdc.gov COR (b) The Contractor is 1, is not 0 required to submit a copy of each invoice directly to the COR concurrently with submission to the Contracting Officer. (c) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904. (d) The Contractor shall include (as a minimum) the following information on each invoice: (1) Contractor's Name & Address (2) Contractor's Tax Identification Number (TIN) (3) Purchase Order/Contract Number and Task Order Number, if Appropriate (4) Invoice Number (5) Invoice Date (6) Contract Line Item Number and Description of Item (7) Quantity (8) Unit Price & Extended Amount for each line item (9) Shipping and Payment Terms (10) Total Amount of Invoice (11) Name, title and telephone number of person to be notified in the event of a defective invoice (12) Payment Address, if different from the information in (c)(1). (13) DUNS + 4 Number (End of Clause) SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1. OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (GOVERNMENT FACILITIES PERFORMANCE) (JAN 2000) (a) Holidays Government personnel shall observe the following listed days as holidays: Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day New Year's Day Columbus Day Martin Luther King Day Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential proclamation The Contractor shall observe the above holidays on the date observed by the Government. Observance of such days by Government personnel shall not "on its face" be cause for an additional period of performance, or entitlement of compensation except as set forth within the contract. Contractor employees performing duties within Government facilities are automatically relieved from duty by virtue of the fact that Government employees are dismissed early or given the day off, (with the exception of 24 hour/day service requirements). No form of holiday or other premium compensation will be reimbursed; however, this does not preclude reimbursement for authorized overtime work. (b) Unscheduled Facility Closures In the event the Government facilities are closed due to inclement weather, potentially hazardous conditions, and other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. In this instance, the cost of salaries and wages for the period of any such excused absence may be charged in the same manner as the effected employee's regular time (direct cost for those employees whose salaries are normally a direct cost; indirect cost for those employees whose salaries are normally an indirect cost), provided that such charges are in accordance with the contractor's accounting system/policy. In each instance, the Contractor agrees to continue to provide sufficient personnel to perform round the clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his duly appointed representative. (End of Clause) SECTION I - CONTRACT CLAUSES I.1. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2(FEB 1998) I.1.1. This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html. I.1.2. 52.212-1 Instructions to Offerors-Commercial Items (Oct 2015) I.1.3. 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) I.1.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs (Mar 2016): 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-7 Anti-Kickback Procedures (Jul 1995) 52.217-4 Evaluation of Options Exercised at Time of Contract Award (Jun 1988) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jul 2010) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.225-1 Buy American Act-Supplies (Nov 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Fund Transfer-Central Contractor Registration (Oct 2003) 52.233-2 Service of Protest (Sep 2006) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Changes-Fixed Price (Aug 1987) I.1.5. 52.217-8 Option to Extend Services (NOV 1999); [written notice within 60 days] I.1.6. 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 60 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months (5 Years). I.1.7. 352.202-1 Definitions (Jan 2006) I.1.8. 352.203-70 Anti-lobbying (Jan 2006) I.1.9. 352.222-70 Contactor Cooperation in Equal Employment Opportunity Investigations (2010) I.1.10. 352.223-70 Safety and Health (Jan 2006) I.1.11. 352.239-70 Standard for Security Configurations (Jan 2010) I.1.12. 352.239-71 Standard for Encryption Language (Jan 2010) I.1.13. 352.239-72 Security Requirements for Federal Information Technology Resources (Jan 2010) I.1.14. 352.242-71 Tobacco-free Facilities (Jan 2006) I.2. CDC CLAUSES IN FULL TEXT I.2.1. Evaluation of Contractor Performance (Service) (Jan 2000) (a) Purpose In accordance with FAR 42.1502, the Contractor's performance will be periodically evaluated by the Government, in order to provide current information for source selection purposes. These evaluations will therefore be marked "Source Selection Information." (b) Performance Evaluation Period The Contractor's performance will be evaluated at least annually. (c) Evaluators The performance evaluation will be completed jointly by the COR and the Contracting officer. (d) Performance Evaluation Factors The contractor's performance will be evaluated in accordance with the attachment listed in Section J titled Performance Evaluation Report. (e) Contractor Review A copy of the evaluation will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor shall submit comments, rebutting statements, or additional information to the Contracting Officer within 30 calendar days after receipt of the evaluation. (f) Resolving Disagreements Between the Government and the Contractor Disagreements between the parties regarding the evaluation will be reviewed at a level above the Contracting Officer. The ultimate conclusion on the performance evaluation is a decision of the contracting agency. Copies of the evaluation, contractor's response, and review comments, if any, will be retained as part of the evaluation. (g) Release of Contractor Performance Evaluation Information The completed evaluation will not be released to other than Government personnel and the contractor whose performance is being evaluated. Disclosure of such information could cause harm both to the commercial interest of the Government and to the competitive position of the contractor being evaluated as well as impede the efficiency of Government operations. (h) Source Selection Information Departments and agencies may share past performance information with other Government departments and agencies when requested to support future award decisions. The information may be provided through interview and/or by sending the evaluation and comment document to the requesting source selection official. (i) Retention Period The agency will retain past performance information for a maximum period of three years after completion of contract performance for the purpose of providing source selection information for future contract awards. (End of Clause) I.2.2 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006) (a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC. (b) The NDA made part of this clause, exhibit I and II, is required in service contracts where positions and/or functions proposed to be filled by contractor's employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor's employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor's work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states "All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed." (c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements. (d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors' employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC. (e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information may be discussed. (f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee's name, position, date of hire and NDA requirement. EXHIBIT I Centers for Disease Control and Prevention (CDC) Contractor Non-Disclosure Agreement I. Non-public Information [Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. In order to properly safeguard non-public information, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the contracting official the original signed copies of NDAs signed by the contractor's employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official. Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee's responsibilities to the CDC. II. Procurement-Sensitive Information Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee's responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information. III. Identification of Non-Government Employees Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures: A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), contractors' employees will identify themselves as an employee of a contractor. B. Contractors' employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC: Employee's name Name of contractor Center or office affiliation Centers for Disease Control and Prevention C. At the beginning of telephone conversations or conference calls, contractors' employees will identify themselves as an employee of a contractor. D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo. E. Contractors' employees will program CDC voice mail message to identify themselves as an employee of a contractor. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement. Name of contractor: ___________________________________ Signature of Authorized Representative of Contractor:_________________________________ Date:________________ Copies retained by: contracting official and contractor EXHIBIT II Centers for Disease Control and Prevention (CDC) Contractors' Employee Non-Disclosure Agreement I. Non-Public Information I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. I [Name of Employee], agree to use non-public information only in performance of my responsibilities to the CDC. I agree further that I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any non-public information that I may obtain in connection with the performance of my responsibilities to the CDC. II. Procurement-Sensitive Information I further agree that unless I have prior written permission from the CDC, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any procurement-sensitive information gained in connection with the performance of my responsibilities to the CDC. I specifically agree not to disclose any non-public, procurement-sensitive information to employees of my company or any other organization unless so authorized in writing by the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the acquisition; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. I understand and agree that my access to any procurement-sensitive information may create a conflict of interest which will preclude me, my current employer, or a future employer from becoming a competitor for any resulting government acquisition derived from this information. Therefore, if I participate in any discussions relating to procurement-sensitive information, assist in developing any procurement-sensitive information, or otherwise obtain any procurement-sensitive information during the course of performing my duties at the CDC, I understand and agree that I, my current employer, and any future employer(s) are excluded from competing for any resulting acquisitions. III. Special Non-Disclosure Clause for Contractors with Access to CDC Grants Management and Procurement-Related Information Technology Systems In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC's grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and which have been approved in advance by the CDC. I understand that I am not authorized to enter procurement requests for any requirements pertaining to contracts or subcontracts held by me or my employer. IV. Identification as a Non-Government Employee I understand that as an employee of a government contractor, I represent an independent organization and I am not an agent of the Government. Therefore, I agree that unless I have prior written authorization from the CDC, I will, at the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), identify myself as an employee of a contractor. I further agree to use the following identification procedures in connection with my work at the CDC: A. I will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages: Employee's name Name of contractor Center or office Affiliation Centers for Disease Control and Prevention B. I will identify myself as an employee of a contractor at the beginning of telephone conversations or conference calls; C. I will not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises; the only other exception is when a CDC management official has granted permission to use the CDC logo. D. I will program my CDC voice mail message to identify myself as a contractors' employee. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. I acknowledge that I have read and fully understand this agreement. Name of contractor: ___________________________________ Name of Employee:___________________________ Signature of Employee:_________________________________ Date:________________ Copies retained by: contracting official, contractor, and Employee (End of Clause) SECTION J - LIST OF ATTACHMENTS • Attachment 1 - Equipment List Attachment 2 - Contractor Performance Report • Attachment 3 - ACH Form SECTION K - REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENT OF OFFERORS K.1 Offer shall include a completed copy of the provision at FAR Clause 52.212-3, Offeror Representations and Certifications - Commercial Items (See Section I). SECTION L - INSTRUCTIONS TO THE OFFERORS L.1. CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-1(FEB 1998) L.1.1. Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/comp/far/index.html. L.1.2. FAR clause, 52.212-1 Solicitation Provisions Incorporated by Reference (Feb 1998); [NAICS Code: 334516] L.1.3. The proposal shall be submitted electronically via e-mail to the Contracting Officer at Fkn7@cdc.gov before 10:00 am EASTERN TIME on August 11, 2016. L.1.4. QUESTIONS DEADLINE: All questions shall be received by email (Fkn7@cdc.gov ) 10:00 am EASTERN TIME on July 27, 2016. L.1.5. All email responses to this notice must identify the RFP# in the subject line of the email. L.1.6. FAXED OR MAILED PROPOSALS AND/OR QUESTIONS WILL NOT BE CONSIDERED. L.1.7. For solicitation information call: Genesika Carter, Contracting Officer, at 770-488-2063 <img style="overflow: hidden; cursor: hand; height: 16px; width: 16px; vertical-align: middle; white-space: nowrap; right: 0px; position: static !important; float: none; left: 0px; margin: 0px; display: inline; top: 0px; bottom: 0px;" title="Call: 770-488-2063" src="data:image/png;base64,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" alt="" />. L.2. PROPOSAL FORMAT L.2.1. Proposal Preparation - The technical proposal shall include a detailed description of the requirement. A successful technical proposal shall include the affirmation of the offer price (s); a Point Of Contact (name, title, email address and telephone number); a statement from the offeror verifying that they are CCR Registered under NAICS code 334516; period of performance; business size; payment terms, and the reference list for Past/Present Performance. The technical proposal shall be submitted in a file labeled "Volume 1 - Technical". The price information shall be contained in a file labeled "Volume 2 - Price". L.2.2. Technical Capability Contents - The offeror shall provide documentation (e.g., technical brochure, explanation, or any other supporting documentation) that they are an authorized manufacturer distributer/reseller. The Offeror shall demonstrate that they have manufacturer certified technical personnel to repair the laboratory equipment so that it does not void the manufacturer's warranty. The Offeror shall demonstrate that they have manufacturer certified technical personnel to handle and respond to technical questions from CDC via phone, email or internet. Volume 1 - Technical shall not exceed 35 pages including cover letters, table of contents, appendices and attachments. Offerors who submit more than 35 pages will be considered as being nonresponsive and the proposals will not be considered for award. L.2.3. Price Contents- The offeror shall submit a complete pricing matrix as indicated in Section B.1.3. Any Technical or Past/Present Performance information placed within Volume 2 - Price will not be evaluated. L.2.4. Past/Present Performance Contents: The offeror shall provide a Past/Present Performance reference list. The reference list should contain the contact information (Company Name and Address, Point of Contact (POC) Name, POC email address and phone number) for at least 3 companies the offeror currently or previously performed similar services under a contract within the past 5 years. This information be included as part of "Volume 1 - Technical". Contractor's Past/Present Performance Questionnaire shall be sent to the companies identified requesting that the Company return the Questionnaires to the Contracting Officer, Genesika Carter, at fkn7@cdc.gov with the RFP# identified in the subject line of the email. SECTION M - EVALUATION FACTORS/CRITERIA FOR AWARD M.1. EVALUATION FACTORS M.1.1. Factor 1: TECHNICAL Subfactor 1: Understanding the Program M.1.1.1. The offeror has documented that they are an authorized manufacturer distributer/reseller. M.1.1.2. The offeror must be able to demonstrate/describe in their proposal: Discuss your understanding of the technical capacities outlined in the statement of work. The offeror should clearly demonstrate their ability and experience in maintaining, troubleshooting, and utilizing video production equipment. The discussion must provide a thorough description of the contractors' understanding of how the production equipment will be maintained and what the intended SubFactor 2: Methodology and Approach: The offeror shall provide a discussion of your technical approach for providing the services required in accordance with the statement of work. Provide a detail method, including specific objectives, proposed technical methods, potential problem analysis and resolution methods, evaluation techniques, project monitoring practices, and reporting methods for addressing each work area described in the statement of work. SubFactor 3: Personnel: The offeror shall provide the general background, experience, and qualifications of the organization. Provide a resume for the Program/Project Manager and key technical and expert personnel who will be used under the task orders, including education and background experience. The resume shall be no longer than 2 pages and it shall provide a summary of the person's qualifications, degrees held and other pertinent education; years of experience, unique qualifications, positions held and tenure with the organization; work history of the individual as it relates to anticipated tasks/work areas described in the statement of work; significant projects, productions, and media installations applicable to video production activities. Factor 2: PRICE Unrealistically low or high proposed costs or prices, initially or subsequently, may be grounds for eliminating a proposal from competition, either on the basis that the offeror does not understand the requirement, or has made an unrealistic proposal. The burden of proof for credibility of proposed cost/prices rests with the offeror. The type of purchase order will be Firm Fixed-Price The Government will evaluate offers for award purposes by adding the base price plus all options to arrive to the total price for the requirement. The Offeror ability to submit a complete pricing matrix as indicated in SECTION B. Factor 3: PAST PERFORMANCE: The offeror shall provide a list of previous or ongoing Government or non- Government contracts, subcontracts, or grants, for services similar in scope, magnitude, and complexity as the requirements identified in the statement of work. Provide a general description of the work performed and describe how the work is related to the requirements of the statement of work. Provide a discussion of recent (within 3 years) successful experience in managing similar or related work that is comparable in technical complexity. M.2. EVALUATION FOR AWARD: M.2.1. The Government will award on the basis of the technically acceptable proposal with the lowest evaluated price (LPTA). M.2.2. The non-price factors will be evaluated on a pass/fail basis. M.2.2. The Government will review the proposal to ensure technical capability in accordance with the requirements in Section M.1. - Evaluation Factors. M.2.3. CDC intends to make an award soon after the response date of this notice. Attachment 1 Equipment Listing Panasonic AV-HS450N SWITCHER (2) Canon D5 Mark III (5) Panasonic AW-HE60SN Panasonic AW-HE120W HD PTZ Camera Panasonic AW-RP50N PANASONIC AW-RP50N REMOTE CAMERA CONTROL (2) Samsung UN46D7000L (TVs) Netgear 24 Port Router Yamaha 01V96VCM Mixer Smart SP524-SMP SMART PODIUM 524 INTERACTIVE PEN DISPLAY W/MEETING PRO Smart SMP-UpK SMART Meeting Pro Upgrade Kit. SMART Meeting Pro single license with GoWire Meeting Pro Extron 60-952-02 Two Input USB Extron 60-758-01 Two Input VGA and Audio Extron 60-991-01 EDID Emulator with EDID Minder® for VGA Crestron MPS-100 MEDIA MANAGER SYSTEM Crestron CNX-B2-W-T Designer Keypad, 2-Buttons, White, Matte BiAmp NexiaVC NEXIA VC, DSP FOR VIDEO CONFERENCING APPLICATIONS Grassvalley ADVC G1 CONVERTER, ANY-IN TO SDI MULTIFUNCTIONAL W/FRAME SYNCHRONIZ Panasonic PT-DW6300ULS PROJECTOR, 1280X800 6000 LUMEN ACF W/RGB BOOSTER NO LENS Panasonic ET-DLE150 LENS, 1.3 - 2.0:1 POWERED ZOOM FOR PT-D5700/5100/4000 SERIES ATTACHMENT 2- ASSESSMENT OF CONTRACTOR PERFORMANCE CONTRACTORS' PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) RATINGS As required by FAR 8.406-7 Contractor Performance Evaluation, CDC will evaluate contractor performance for this task order because it exceeds the simplified acquisition threshold (see FAR 42.1502(c) Policy [Contractor Performance Information]). CDC will perform this assessment electronically at least annually or as required by www.cpars.gov. 1. Block 18a - Quality of Product or Service. Assess the contractor's conformance to contract requirements, specifications and standards of good workmanship (e.g. commonly accepted technical, professional, environmental, or safety and health standards). MANDATORY. • For example: Are reports/data accurate? Does the product or service provided meet the specifications of the contract? Does the contractor's work measure up to commonly accepted technical or professional standards? Assess the degree of Government technical direction required to solve problems that arise during performance. • For Operations Support: Assess how successfully the contractor meets program quality objectives such as ability to produce, reliability, maintainability and ability to inspect. The Assessing Official must be flexible in how contractor success is measured (e.g. using data from field reliability and maintainability and failure reports, user comments and acceptance rates, and scrap and rework rates). These quantitative indicators may be useful later, for example, in source selection evaluations, in demonstrating continuous improvement, quality and reliability leadership that reflects progress in total quality management. Assess the contractor's control of the overall production process to include material control, shop planning and control, and status. 2. Block 18b - Schedule. Assess the timeliness of the contractor against the completion of the contract, task orders, milestones, delivery schedules, and administrative requirements (e.g. efforts that contribute to or effect the schedule variance). MANDATORY. • This assessment of the contractor's adherence to the required delivery schedule should include the contractor's efforts during the assessment period that contributes to or effect the schedule variance. This element applies to contract closeout activities as well as contract performance. Instances of adverse actions such as the assessment of liquidated damages, or issuance of Cure Notices, Show Cause Notices, and Delinquency Notices are indicators of problems which may have resulted in variance to the contract schedule and should therefore be noted in the evaluation. 3. Block 18c - Cost Control (Not required for Firm Fixed Price or Fixed Price with Economic Adjustment) 4. Block 18d - Business Relations. Assess the integration and coordination of all activity needed to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, proposal submittals, the contractor's history of reasonable and cooperative behavior (to include timely identification of issues in controversy), customer satisfaction, timely award and management of subcontracts. MANDATORY Include, as applicable, information on the following: • Is the contractor oriented toward the customer? • Is interaction between the contractor and the government satisfactory or does it need improvement? • Include the adequacy of the contractor's accounting, billing, and estimating systems and the contractor's management of Government Property (GFP) if a substantial amount of GFP has been provided to the contractor under the contract. • Address the timeliness of awards to subcontractors and management of subcontractors, including subcontract costs. Consider efforts taken to ensure early identification of subcontract problems and the timely application of corporate resources to preclude subcontract problems from impacting overall prime contractor performance. • Assess the prime contractor's effort devoted to managing subcontracts and whether subcontractors were an integral part of the contractor's team. 5. Block 18e - Management of Key Personnel (For Services and Information Technology Business Sectors only - Not Applicable to Operations Support). Assess the contractor's performance in selecting, retaining, supporting, and replacing, when necessary, key personnel. MANDATORY. • For example, how well did the contractor match the qualifications of the key position, as described in the contract, with the person who filled the key position? Did the contractor support key personnel so they were able to work effectively? If a key person did not perform well, what action was taken by the contractor to correct this? If a replacement of a key person was necessary, did the replacement meet or exceed the qualifications of the position as described in the contract schedule? 6. Block 18f - Utilization of Small Business. FAR Subpart 19.7 and 15 U.S.C. 637 contains statutory requirements for complying with the Small Business Subcontracting Program. Assess whether the contractor provided maximum practicable opportunity for Small Business (including Alaska Native Corporations (ANCs) and Indian Tribes) (including Small Disadvantaged Businesses (which also includes ANCs and Indian Tribes), Women Owned Small Businesses, HUBZone, Veteran Owned, Service Disabled Veteran Owned Small Business, Historically Black Colleges and Minority Institutions and ANCs and Indian Tribes that are not Small Disadvantaged Businesses or Small Businesses) to participate in contract performance consistent with efficient performance of the contract. Assess compliance with all terms and conditions in the contract relating to Small Business participation (including FAR 52.219-8, Utilization of Small Businesses and FAR 52.219-9, Small Business Subcontracting Plan (when required)). Assess any small business participation goals which are stated separately in the contract. Assess achievement on each individual goal stated within the contract or subcontracting plan including good faith effort if the goal was not achieved. It may be necessary to seek input from the Small Business specialist, ACO or PCO in regards to the contractor's compliance with these criteria. For contracts subject to a commercial subcontracting plan, the Utilization of Small Business factor should be rated "satisfactory" as long as an approved plan remains in place, unless liquidated damages have been assessed by the contracting officer who approved the commercial plan (see FAR 19.705-7(h)). In such case, the Utilization of Small Business area must be rated "unsatisfactory." This area must be rated for all contracts and task orders that contain a small business subcontracting goal. Ratings for the Utilization of Small Business evaluation area will be in accordance with the definitions described below. Ratings for the other CPAR evaluation areas will be in accordance with the ratings described in Block 18 Evaluation Areas. In accordance FAR 19.705-2(e) a contract may have no more than one subcontracting plan. Evaluations of the Utilization of Small Business are required for contracts and orders placed against basic ordering agreement (BOA) and blanket purchase agreement (BPA) if a subcontracting plan is required. Evaluations of Utilization of Small Business for single-agency task orders and delivery orders (to include FSS) are not required and shall not be accomplished unless the contracting officer determines that such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation. Execution of any subcontracting plan may be addressed in block 20. • Exceptional. Exceeded all negotiated subcontracting goals or exceeded at least one goal and met all of the other negotiated subcontracting goals for the current period. Had exceptional success with initiatives to assist, promote, and utilize small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone small business, veteran-owned small business (VOSB) and service disabled veteran owned small business (SDVOSB). Complied with FAR 52.219-8, Utilization of Small Business Concerns. Exceeded any other small business participation requirements incorporated in the contract, including the use of small businesses in mission critical aspects of the program. Went above and beyond the required elements of the subcontracting plan and other small business requirements of the contract. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner. Note: To justify an Exceptional rating, identify multiple significant events and state how they were a benefit to small business utilization. A singular benefit, however, could be of such magnitude that it constitutes an Exceptional rating. Ensure that small businesses are given meaningful, innovative work directly related to the project, rather than peripheral work, such as cleaning offices, supplies, landscaping, etc. Also, there should have been no significant weaknesses identified. • Very Good. Met all of the negotiated subcontracting goals in the traditional socio-economic categories (SB, SDB and WOSB) and met at least one of the other socio-economic goals (HUBZone, VOSB, SDVOSB) for the current period. Had significant success with initiatives to assist, promote and utilize SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB. Complied with FAR 52.219-8, Utilization of Small Business Concerns. Met or exceeded any other small business participation requirements incorporated in the contract, including the use of small businesses in mission critical aspects of the program. Endeavored to go above and beyond the required elements of the subcontracting plan. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner. Note: To justify a Very Good rating, identify a significant event and state how they were a benefit to small business utilization. Ensure that small businesses are given meaningful, innovative work directly related to the project, rather than peripheral work, such as cleaning offices, supplies, landscaping, etc. There should be no significant weaknesses identified. • Satisfactory. Demonstrated a good faith effort to meet all of the negotiated subcontracting goals in the various socio-economic categories for the current period. Complied with FAR 52.219-8, Utilization of Small Business Concerns. Met any other small business participation requirements included in the contract. Fulfilled the requirements of the subcontracting plan included in the contract. Completed and submitted Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate and timely manner. Note: To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor has addressed or taken corrective action. There should have been no significant weaknesses identified. A fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract. • Marginal. Deficient in meeting key subcontracting plan elements. Deficient in complying with FAR 52.219-8, Utilization of Small Business Concerns, and any other small business participation requirements in the contract. Did not submit Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate or timely manner. Failed to satisfy one or more requirements of a corrective action plan currently in place; however, does show an interest in bringing performance to a satisfactory level and has demonstrated a commitment to apply the necessary resources to do so. Required a corrective action plan. Note: To justify Marginal performance, identify a significant event that the contractor had trouble overcoming and how it impacted small business utilization. A Marginal rating should be supported by referencing the actions taken by the government that notified the contractor of the contractual deficiency. • Unsatisfactory. Noncompliant with FAR 52.219-8 and 52.219-9 and any other small business participation requirements in the contract. Did not submit Individual Subcontract Reports and/or Summary Subcontract Reports in an accurate or timely manner. Showed little interest in bringing performance to a satisfactory level or is generally uncooperative. Required a corrective action plan. Note: To justify an Unsatisfactory rating, identify multiple significant events that the contractor had trouble overcoming and state how it impacted small business utilization. A singular problem, however, could be of such serious magnitude that it alone constitutes an Unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the actions taken by the government to notify the contractor of the deficiencies. When an Unsatisfactory rating is justified, the contracting officer must consider whether the contractor made a good faith effort to comply with the requirements of the subcontracting plan required by FAR 52.219-9 and follow the procedures outlined in FAR 52.219-16, Liquidated Damages-Subcontracting Plan. NOTE 1: Plus or minus signs may be used to indicate an improving (+) or worsening (-) trend insufficient to change assessment status. NOTE 2: Generally, zero percent is not a goal unless the Contracting Officer determined when negotiating the subcontracting plan that no subcontracting opportunities exist in a particular socio-economic category. In such cases, the contractor shall be considered to have met the goal for any socio-economic category where the goal negotiated in the plan was zero. 7. Block 18g - Other Areas. Specify additional evaluation areas that are unique to the contract, or that cannot be captured elsewhere on the form. More than one type of entry may be included, but should be separately labeled. If extra space is needed, use Block 20. If the contract contains an award fee provision, enter "award fee" in the "Other Areas" block (18g). The Assessing Official should translate the award fee earned to adjective ratings, which could prove more useful for using past performance to assess future performance risk in upcoming source selections. If award fee information is included in the CPAR, use block 20 to provide a description for each award fee. Include the scope of the award fee by describing the extent to which it covers the total range of contract performance activities, or is restricted to certain elements of the contract. If any other type of contract incentive is included in the contract (excluding contract shareline incentives on fixed price or cost-type contracts), it should be reported in a manner similar to the procedures described above for award fee. Use Block 18g in those instances where the Assessing Official believes strongly, either positively or negatively, regarding an aspect of the contractor's performance, but cannot fit that aspect into any of the other blocks on the form. ATTACHMENT 3 - ACH VENDOR PAYMENT FORM
 

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