FBODaily.com | FedBizOpps: PRESOL | U | OFFSITE TRAINING CONFERENCE FOR TWO DAYS - PSA17Q0030 Request for Quotation - Offsite Training Conference/Meeting space

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 12, 2017 FBO #5710
SOLICITATION NOTICE

U -- OFFSITE TRAINING CONFERENCE FOR TWO DAYS - PSA17Q0030 Request for Quotation - Offsite Training Conference/Meeting space

Notice Date: 7/10/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 611430 — Professional and Management Development Training
Contracting Office: Court Services and Offender Supervision Agency, Pretrial Services Agency, Finance and Administration, 633 Indiana Avenue, NW, Suite 1120, Washington, District of Columbia, 20004
ZIP Code: 20004
Solicitation Number: PSA17Q0030
Point of Contact: Rachel Dobbs, Phone: (202) 220-5657
E-Mail Address: rachel.dobbs@psa.gov
(rachel.dobbs@psa.gov)
Small Business Set-Aside: N/A
Description: Two Days Offsite Meeting Conference Service for 90 Participants. COMBINED SYNOPSIS/SOLICITATION RFQ NUMBER PSA17Q0030 This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and, in accordance with FAR 12.603(b), a Standard Form (SF)1449 will not be issued for solicitation. The Solicitation number is PSA17Q0030 and is issued as a Request for Quote (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-87 dated April 6, 2016. The North American Industrial Classification System (NAICS) code is 611430 (Hotels, Except Casino Hotels, and Motels), and the small business size standard is $10M. This procurement is being conducted under Simplified Acquisition Procedures and according to Parts 12 and 13 of the Federal Acquisition Regulations (FAR). In support of its mission, the Pretrial Services Agency for the District of Columbia (PSA) will be hosting three-day off-site Strategic Planning Management Conference within the Virginia or Maryland area for approximately 90 participants. PSA is seeking accommodations within a two (2) hour radius of the Washington, DC area for this conference. The three day conference is to be held sometime during the last two weeks of August 2017. Contractor shall provide available dates as part of its proposal. All proposed dates shall fall within the normal work week, Monday through Friday. The contractor(s) shall provide all accommodations listed in the Statement of Work (SOW) detailed below. Requests for additional information and questions must be submitted, in writing, by email to rachel.dobbs@psa.gov and must be received no later than Monday, July 17, 2017. Phone call inquires will not be accepted. Proposals in response to this solicitation must be received no later than Thursday, July 20, 2017 10:00 a.m. Proposals shall be submitted by email to Rachel.Dobbs@psa.gov. Offerors are solely responsible for ensuring their offer is received at the designated place and time for receipt of offers. Vendors not registered in the System for Award Management (SAM) by the solicitation close date ( Thursday, July 20, 2017 10:00 a.m. ) will not be considered. Vendors may register with SAM by accessing www.sam.gov. Statement of Work: Contract Support for Strategic Planning Management Meeting Background This contract is with the Pretrial Services Agency for the District of Columbia (PSA). The contractor(s) will provide support to PSA's Office of the Director. In 2017, the Office of the Director is seeking to host a three-day, off-site Strategic Planning and Training Management Conference within the District of Columbia, Virginia or Maryland area. This planning meeting is in support of two Management Goals as identified in PSA's FY 2014-2018 Strategic Plan: Management Performance Goal 12: Strategic Planning, Performance Measurement, Program Evaluation and Assessment and Management Goal 13: Internal Information sharing. The goal of this off-site is to offer a meaningful meeting in an environment free of day-to-day work distractions in order to focus completely on strategic planning. Product or service required Accommodations to support a three-day Strategic Planning Management Meeting in Virginia or Maryland within the Washington Metropolitan Area. All services provided must not exceed federal government requirements for the venue location. Minimum Requirements The Contractor(s) shall provide facilities to accommodate a maximum of 90 participants with the following specifications: •· •· The location must be within the Washington, DC, Maryland or Virginia metropolitan area. •· The location must have on-site parking and/or be within walking distance of Metrorail. •· The facility must include one large meeting space to accommodate all participants and invited speakers/presenters or one large meeting space with one break-out room in close proximity to the larger meeting space. Room dividers may be used to create break-out space within the larger space; •· The facility must have the ability to provide for on-site meals or a location in walking distance to eating venues; •· Access to audio, video equipment and supplies, (i.e. wireless internet, microphones, overhead viewing capabilities); and •· Access to an on-site business center, if needed. •· Access to the conference room from 7:00 a.m. to 6:00 p.m. daily is required. Minimum Requirements continued The contract shall provide for a range of services to satisfy PSA's meeting needs. The successful offeror must be able to meet, at minimum, the requirements, as listed below: Specification 1: Meeting Location The meeting location should be within the Washington, DC, Virginia and/or Maryland metropolitan area. The location should have available parking and be within walking distance of Metrorail. Specification 2 : Meeting Space One large meeting space for three days and access to one smaller break-out space for two days or one large meeting space for three days with the ability to divide the larger room into a smaller space as needed. Meeting space shall accommodate the speaker and provide the ability to be arranged in either a smaller group style or a conference-room style. The meeting space is to be large enough to accommodate 90 participants and invited speakers. Specification 3 : Meals and Breaks Provides an on-site restaurant(s) or access to eating locations within walking distance from the meeting venue. Specification 4 : Equipment and Supplies Access to equipment for the meeting to include overhead audio and visual equipment for presentations and supplies such as microphones, flip chart easels, podium, and similar supplies. Quote Submission: To be considered for award, offerors should provide, at minimum, the following information with their proposal: 1. Description of the venue location. Include a map detailing the location of the conference facility in relationship to location of the nearest metro station and local eating establishments. 2. Narrative description of the meeting space(s) to be provided meeting the minimum requirements identified in specification 2 above. Offerors should include photographs of the facility and conference room(s). 3. Brief listing of local eating facilities open for both breakfast and lunch meals. If an on-site eating facility is available, please include a copy of the menu with pricing. 4. Description of equipment/supplies to be available during the event. 5. Provide price quote for the three day event. 6. Proposals must include a list of key personnel who will be assigned to work with PSA during the conference. Include a list of key roles and responsibilities. (i) Proposal shall include a narrative of its corporate and team experience in hosting similar events. Offer shall include at least three (3) references. Reference information must include 1) company or agency name, 2) name and date(s) of event, and 3) point of contract (to include individual name, phone and email address). 7. Copy of any proposed Agreement required by the offeror for this event. A copy of the final, mutually agreeable agreement shall be incorporated into and made a part of any resultant contract 8. Proposal shall include detailed pricing for the event. At a minimum, pricing details must include the following: 9. Price for audio-visual equipment/services not included in the base rate. 10. Price/costs for other services to include, but not limited to, service charges (gratuity), parking fees, copy/facsimile charges (per page), set-up fees, etc. Note: It is anticipated that approximately 90 participants. However, offeror pricing structure should be based on a range of 85 to 90 participants in the event some participants do not attend. Billing shall be based on actual number of participants. EVALUATION FACTORS 52.212-1 Instructions to Offerors-Commercial Items (OCTOBER 2015) Applies to this acquisition Addendum to FAR 52.212-1- Commercial Items (October 2015) 1. REQUESTS FOR ADDITIONAL INFORMATION / QUESTIONS REGARDING THIS SOLICITATION Requests for additional information and questions must be submitted, in writing, by email to rachel.dobbs@psa.gov and must be received no later than Monday, July 17, 2017. Phone call inquires will not be accepted. Proposals in response to this solicitation must be received no later than Thursday, July 20, 2016 10:00 a.m. Proposals shall be submitted by email to Rachel.Dobbs@psa.gov 2. QUOTATION FORMAT Offeror's may submit their quotations in a format customary to their normal business practices provided: Proposals in response to this solicitation must be received no later than Monday, July 20, 2017 4:00 p.m. Proposals must be submitted in writing, via email, to Rachel.dobbs@psa.gov. Proposals can be submitted in a format typical of the offeror's normal business practice in a font which is not cursive (Arial, Times New Roman, etc.), black color font in 10, 11 or 12 size. The proposals must specifically address and/or include the elements identified in paragraph 3 below (Proposal Content). Proposal must clearly identify the solicitation number and title: PSA17Q0030 - Strategic Planning Management Conference - August 2017. 3. PSA ACCEPTANCE PERIOD PSA anticipates contract award to be made no later than Monday, July 27, 2017. Unless otherwise specifically stated in the offeror's proposal, all proposals, to include proposed/available conference room dates, shall remain valid through August 4th, 2017. 4. PROPOSAL CONTENT •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> All proposals shall clearly identify the solicitation number and title: PSA17Q0030 - Strategic Planning Management Conference - August 2017. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposals must include the proposed/available dates. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposals must provide a brief discussion of the offeror's understanding of the requirements described in the SOW. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposals must include a description of the proposed facilities (overall facility, conference room, breakout room). Include a list of included amenities for each, to include audio/visual equipment included with the conference and breakout rooms. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposal must include evidence hotel currently holds a rating of three out of five •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> stars or higher in one or more of the following quality rating standards: 1) Mobile Travel Guide, 2) OAG Business Travel Planner, or 3) AAA. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposals must include a list of key personnel who will be assigned to work with PSA during the conference. Include a list of key roles and responsibilities. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposal shall include a narrative of its corporate and team experience in hosting similar events. Offer shall include at least three (3) references. Reference information must include 1) company or agency name, 2) name and date(s) of event, and 3) point of contract (to include individual name, phone and email address). •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Copy of any proposed Agreement required by the offeror for this event. A copy of the final, mutually agreeable agreement shall be incorporated into and made a part of any resultant contract. •<img src="file:///C:\Users\dobbsr\AppData\Local\Temp\156\msohtmlclip1\01\clip_image001.gif" alt="*" width="13" height="13" /> Proposal shall include detailed pricing for the event. At a minimum, pricing details must include the following: •o Price for conference and breakout rooms. Rooms shall be available for all three days (between Monday-Friday) of the event. •o Price per meal/per participant. Prices shall be broken down by breakfast, lunch and breaks. Pricing should not exceed the federal per diem rate for the venue location. •o Price for audio-visual equipment/services not included in the base rate. •o Price/costs for other services to include, but not limited to, service charges (gratuity), parking fees, copy/facsimile charges (per page), set-up fees, etc. •o Note: It is anticipated that approximately 90 participants will be at this event. 52.212-2 Evaluation Factor QUOTATION SUBMISSION The Contractor must submit its quotation Rachel.dobbs@psa.gov no later than the date and time specified herein: BASIS OF AWARD Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors ( Lowest Price/Technically Acceptable ). To be considered technically acceptable, the Offeror's quote will be reviewed to determine if the product(s) offered meet the Governments stated minimum requirements or objectives. The evaluation criteria used shall be either ACCEPTABLE or NOT ACCEPTABLE. If the proposed product(s) meet the stated minimum requirements, it will be rated ACCETABLE. If the proposed product(s) do not meet the stated minimum requirements, it will be rated NOT ACCEPTABLE. In the event an offeror's quote is determined to be NOT ACCEPTABLE, the offeror will be notified of the reason(s). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR CLAUSES: 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015). Incorporated by reference. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301 (b)(4), insert the following clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Jan 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements ( Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (4) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate.] _ X _ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). _ X _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I ( Jan 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) ( 15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) ( 15 U.S.C. 644(r) ). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) ( 15 U.S.C. 637(a)(14) ). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2) ). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) ( 15 U.S.C. 637(m) ). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) ( 15 U.S.C. 637(m) ). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)( 38 U.S.C. 4212 ). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). __ (31) 52.222-37, Employment Reports on Veterans ( Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification ( Oct 2015 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) ( Oct 2016 ). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35) : By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( Jun 2016 ) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( Jun 2016 ) (E.O. 13693). _X_ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions ( Jun 2014 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products ( Oct 2015 ) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ (45) 52.223-20, Aerosols ( Jun 2016 ) (E.O. 13693). __ (46) 52.223-21, Foams ( Jun 2016) (E.O. 13693). __ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (48) 52.225-1, Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). __ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) ( 41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (50) 52.225-5, Trade Agreements ( Oct 2016 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f) ). _X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332 ). __ (59) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332 ). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (61) 52.242-5, Payments to Small Business Subcontractors ( Jan 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate. ] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67 ). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). _X_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). _X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 ). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of QualifiedWorkers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C. 793 ). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) ( 38 U.S.C. 4212 ) (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014) ( 41 U.S.C. chapter 67 ). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) ( 22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O 13627 ). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67 ). (xv) 52.222-54, Employment Eligibility Verification ( Oct 2015 ) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) ( Oct 2016 ) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii) : By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) ( Oct 2016 )). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 ( Jan 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training ( Jan 2017) (5 U.S.C. 552a). (B) Alternate I ( Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) ( 42 U.S.C. 1792 ). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.246-1 Contractor Inspection Requirements. As prescribed in 46.301, insert the following clause: Contractor Inspection Requirements (Apr 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government. 52.252-2 Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. http://farsite.hill.af.mil/vffara.htm https://www.acquisition.gov/ (End of clause) PSA SPECIFIC CLAUSES PSA203-70 Subpoenas (SEP 2013) For the purposes of this contract, a subpoena is a command to appear that may or may not be signed by a judge, to give sworn testimony and/or to produce documents at a certain time and place. Any contractor or subcontractor at any tier (to include its officers, employees, or agents) in receipt of a subpoena requesting information related to the services provided under this contract, or which relates to PSA operations, must notify the Contracting Officer and Contracting Officer's Representative. Notification should be provided, in writing, as soon as possible, but not later than one (1) business day after receipt of the subpoena to allow PSA time to review and take any action required by law to protect Government information. Written notification shall include a copy of the subpoena. All requests for the testimony by the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer and Contracting Officer's Representative. Neither the Contractor nor its employees may testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge via a court order. The Contracting Officer shall provide additional guidance as needed and may request additional information. Contractor staff shall cooperate with the Contracting Officer and Contracting Officer's Representative and shall provide requested information, and as appropriate, testimony, in a timely manner. This clause shall flow down and be included in all subcontracts (all tiers) issued in support of this contract. PSA204-70 Announcement of Contract Award (SEP 2013) PSA complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded. PSA209-71 Contractor's Key Personnel (SEP 2013) (a) In order to ensure a smooth and orderly startup of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action. (b) The Contractor shall not of its own remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance. (c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule. (d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel. (e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel. (f) The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored on a regular basis. (g) Every sixty days, the contractor shall submit a Contractor Staffing Change Report (included in the attachments) to the Contracting Officer and Contracting Officer's Representative summarizing staffing changes that have occurred within the previous reporting period. If no changes have occurred, state "no change" on the form. PSA209-72 Qualifications of Contractor's Employees (SEP 2013) The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. PSA209-73 Standards of Conduct (SEP 2013) (a) Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows: (1) No contractor employees shall solicit new business while performing work under this order. (2) The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order. (b) Should the continued assignment to work under this order of any person in the contractor's organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default. PSA209-74 Organizational Conflicts of Interest (SEP 2013) (a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default/Cause, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must: (1) Notify the Contracting Officer of a potential conflict, and; (2) Recommend to the Government an alternate approach which would avoid the potential conflict, or (3) Present for approval a conflict of interest mitigation plan that will: (i) Describe in detail the changed requirement that creates the potential conflict of interest; and (ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means. (4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed. (5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503. PSA223-70 Electronic Product Environmental Assessment Tool (EPEAT)-Registered Electronic Products (SEP 2013) (a) Electronic Product Environmental Assessment Tool (EPEAT) is a tool to help purchasers evaluate, compare and select computer desktops, laptops, notebooks and computer monitors based on their environmental attributes. To obtain additional information regarding EPEAT-registered electronic products, go to http://www.epeat.net. (b) FAR 52.223-9, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products, requires that at all of the electronic products that the agency acquires under this Information Technology (IT) contract to meet the agency's requirements must be EPEAT Bronze-registered or higher electronic products. (c) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all of the electronic products that the contractor provides under this contract are EPEAT Bronze-registered or higher electronic products. PSA224-71 Freedom of Information Act Requests (SEP 2013) (a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore: (1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the Pretrial Services Agency for the District of Columbia (PSA or The Government). Marking of items will not necessarily preclude disclosure when the PSA determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (2) No later than five (5) business days after award of a contract or order, the Contractor must provide the PSA Contracting Officer a redacted copy of the contract or order in electronic format. This copy will be used to satisfy any requests for copies of the contract or order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation. (b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. PSA228-70 Insurance (SEP 2013) (a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3. (b) Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest must not be effective unless the insurer or the Contractor gives written notice of cancellation or change, as required by the CO. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval. (c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors. PSA237-70 Non-Personal Services (SEP 2013) (a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b) The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier PSA232-70 Invoice Requirements (DEC 2013) (a) All invoices must be submitted electronically to PSA-Invoices-Accounting@psa.gov and must contain, at a minimum, the information required by FAR Subpart 52.212-4(g). Invoices not received at the email address above and/or not containing the minimum information required at FAR 52.212-4(g) may be subject to return by the Agency and may result in delay of payment. (b) Invoices shall be submitted in a timely manner, but not later than 30 calendar days after delivery of goods or performance of service. (c) Contractor's final invoice shall be clearly marked as the FINAL INVOICE. (d) For contract awards exceeding $150,000, within 30 calendar days following receipt of payment of FINAL INVOICE, the contractor shall submit, to the Contracting Officer, a completed Contractor's Release Statement which is included as an attachment to the contract. PSA233-70 PSA Protest Procedures (SEP 2013) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation may be filed directly with the agency or the Government Accountability Office (GAO). Protests that are filed directly with an agency, and copies of any protests that are filed with GAO, shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the Contracting Officer. (b) An interested party who files a protest with the agency has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Head of Contracting Activity (HCA) for the Pretrial Services Agency for the District of Columbia (PSA). The protest must clearly indicate the official to whom it is directed. (c) If the protest is directed to the HCA, a copy must be sent to the Contracting Officer at the same time the protest is filed with the HCA. The address of the HCA is: Jeffery C. Brakebill, C.P.M. Head of Contracting Activity Pretrial Services Agency for the District of Columbia 633 Indiana Avenue, NW, Suite 1158 Washington, DC 20004-2908 PSA237-70 Non-Personal Services (SEP 2013) (a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b) The Contractor must not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier. PSA242-70 Contract Performance Information (SEP 2013) The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.
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