SOLICITATION NOTICE
R -- Museum Collections Management Plan (MCMP) HAFE - Solicitation - Package #2
- Notice Date
- 7/12/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541690
— Other Scientific and Technical Consulting Services
- Contracting Office
- Department of the Interior, National Park Service, NPS - All Offices, 12795 West Alameda Parkway, Post Office Box 25287, Denver, Colorado, 80225-0287
- ZIP Code
- 80225-0287
- Solicitation Number
- 40396505
- Archive Date
- 8/7/2018
- Point of Contact
- Shecola Waters, Phone: (202) 619-7410
- E-Mail Address
-
shecola_waters@nps.gov
(shecola_waters@nps.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Statement of Work (SOW) Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is a Request for Proposal. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, effective January 13, 2017. The associated North American Industrial Classification System (NAICS) code for this procurement is 541690- Other Scientific and Technical Consulting Services, with a small business size standard of $15M. The Product Service Code (PSC) is R499 - Other Professional Services. The Government intends to procure site specific Museum Collection Management Plan (MCMP) for the National Park Service's Harpers Ferry National Historical Park (HAFE) of the National Capital Region. The MCMP will provide a required baseline document that reports on the status of the condition of groups of like objects in a park's museum collection. The report will include recommendations about preventative care, storage techniques, environmental controls and pest management. All quotes shall be sent to Shecola Waters at shecola_waters@nps.gov with the header text: Proposal - HAFE Museum Collection Management Plan 40396505 Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Shecola Waters, Contract Specialist at shecola_waters@nps.gov. Questions are due No Later Than 5:00p.m. EST. Monday, July 16, 2018. No further questions will be taken after this deadline. Answers will be provided to the questions by 5:00p.m. EST. Thursday, July 19, 2018. CLOSING Submission shall be received not later than 5:00p.m. EST, Monday, July 23, 2018 to Shecola Waters at shecola_waters@nps.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f)(1). Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered. POINT OF CONTACT Shecola Waters Contract Specialist shecola_waters@nps.gov (202) 619-7410 SERVICES All interested companies shall provide quotes in accordance with the attached Scope of Work. The anticipated Period of Performance is July 30, 2018 - December 31, 2019. This is 100% small business set-aside combined synopsis/solicitation for a site specific MCMP as defined herein. The government intends to award a Firm-Fixed Price contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. This is an all or nothing requirement. Vendors cannot propose parts of the requirement, but not others. Failure to fully propose on all requirements may lead to a determination of non- responsiveness. FOB (Destination) Museum Resource Center 3300 Hubbard Rd, Hyattsville, MD 20785 PLACE(S) OF PERFORMANCE Address:Harpers Ferry National Historical Park 485 Fillmore St., Harpers Ferry, West Virginia Postal Code:25425 Country:UNITED STATES NOTE:There are multiple sites at HAFE that may be visited to complete the survey Address:Museum Resource Center 3300 Hubbard Rd, Hyattsville, Maryland Postal Code:20785 Country:UNITED STATES Award shall be made to the offeror whose quotation offers the best value to the government, considering technical capability and price. Technical will have the following sub-factors: Technical Capability, Performance Experience, and Staffing Plan. Technical will receive a Performance confidence assessment ranking. This is not a ranking of the individual technical sub-factors, but is a ranking of the anticipated performance of the vendor on this requirement. Section L - Instructions, Conditions and Notices to Bidders ADDENDUM TO FAR 52.212-1 - INSTRUCTION TO OFFERORS PROPOSAL PREPARATION INSTRUCTIONS: A.To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts: Part I - Technical Proposal, and Part II - Price Proposal. B.The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review the determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition, the Contracting Officer determines that adequate price competition no longer exists, offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of the price. 1.PART I - TECHNICAL PROPOSAL - Limited to no more than 10 pages. Submit original and one (1) unpriced copy without contractor logo or other identifying information (a)The Technical Proposal shall be clear and concise. The quotation should not simply rephrase or restate the Government's requirements, but shall address how the offeror intends to meet the requirements. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired. (b)The Technical Proposal shall be prepared with the evaluation criteria for award set forth in Section M of this solicitation. Technical proposal must address the following sub-factors: 1.Technical Capability. The quote shall include a brief narrative clearly indicating the Offeror has the resources in terms of financial capability, materials, labor, equipment, tools, supervision, and ability to perform textile conservation assessment, documentation and treatment working with museum collections. 2.Performance Experience. The proposal shall provide at a minimum of three (3) references of relevant projects performed within the last three (3) years similar in size and scope to this requirement. Relevant performance includes demonstrating the ability to work with museum management policies and procedures associated with accessions, loans, de-accessions, catalog records, exhibits, collections management, staffing, planning, programming, fire protection, security and emergency preparedness, for a variety of museum disciplines such as archives, archeology, natural history and historic furnishings. 3.Staffing Plan - the quote shall provide experience and qualifications of Key Personnel and any additional information pertaining to technical expertise as it relates to the performance of this requirement. •Principal and/or Project Supervisor shall have three years of full-time work or part-time equivalent in conservation or in a conservation related profession after training. Program training internships may not be counted toward this requirement. •Personnel must demonstrate ability to adhere to the AIC Code of Ethics and Guidelines for Practice. Evidence may include: recent examination forms; proposed and completed treatment forms; reports of scientific investigations; lecture materials; planning documents; survey reports, or similar in line of. 2.PART II - PRICE PROPOSAL - Limited to no more than 5 pages. Submit original and one (1) copy Provide a total price inclusive of all labor, supervision, material, tools, equipment, supplies, transportation and incidentals necessary to complete the requirement. Section M - Evaluation Factors for Award ADDENDUM TO FAR 52.212-2 - EVALUATION M-1. BASIS FOR CONTRACT AWARD: This award will be evaluated and awarded using the TradeOff Process which the offerors' technical proposal will be evaluated on a basis approximately equal to cost or price considerations. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows: A.Technical: The proposals shall be evaluated, starting with the lowest priced offer. After evaluation of the sub-factors below (Capability, Performance Experience, Staffing Plan) a Performance Confidence Assessment rating will be assigned. The rating is not a rating of individual elements of the vendor's proposal, but rather is an assessment by of the vendor's ability to complete the requirement. High Confidence Offeror's past performance record provides essentially no doubt that the offeror will successfully perform the required effort. Significant Confidence Offeror's past performance record provides little doubt that the offeror will successfully perform the required effort. Satisfactory Confidence Offeror's past performance record provides some doubt that the offeror will successfully perform the required effort. Unknown Confidence Offeror's past performance record provides substantial doubt that the offeror will successfully perform the required effort. Little Confidence Offeror's past performance record provides extreme doubt that the offeror will successfully perform the required effort. No Confidence The offeror has no relevant past performance record. A thorough search was unable to identify any past performance information. Technical Sub-factors: 1.Technical Capability. The quote shall include a brief narrative clearly indicating the Offeror has the resources in terms of financial capability, materials, labor, equipment, tools, supervision, and ability to perform textile conservation assessment, documentation and treatment working with museum collections. 2.Performance Experience. The proposal shall provide at a minimum of three (3) references of relevant projects performed within the last three (3) years similar in size and scope to this requirement. Relevant performance includes demonstrating the ability to work with museum management policies and procedures associated with accessions, loans, de-accessions, catalog records, exhibits, collections management, staffing, planning, programming, fire protection, security and emergency preparedness, for a variety of museum disciplines such as archives, archeology, natural history and historic furnishings. 3.Staffing Plan - the quote shall provide experience and qualifications of Key Personnel and any additional information pertaining to technical expertise as it relates to the performance of this requirement. •Principal and/or Project Supervisor shall have three years of full-time work or part-time equivalent in conservation or in a conservation related profession after training. Program training internships may not be counted toward this requirement. •Personnel must demonstrate ability to adhere to the AIC Code of Ethics and Guidelines for Practice. Evidence may include: recent examination forms; proposed and completed treatment forms; reports of scientific investigations; lecture materials; planning documents; survey reports, or similar in line of. B.Price Evaluation. The government shall rank all offers by price. An offeror's proposed prices will be determined by multiplying the quantities identified in Section B by the proposed unit price for each Contract Line Item Number or Subcontract Line Item Number to confirm the extended amount for each. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest. ADDITIONAL PROVISIONS/TERMS AND CONDITIONS FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s): http://www.acquisition.gov/far/index.html Clauses Incorporated by Reference: •FAR 52.212-1, Instructions to Offerors -- Commercial Items (Jan 2017) •FAR 52.212-2, Evaluation -- Commercial Items (Oct 2014) •FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items (Jan 2017) •FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 2017) The following contract clauses apply to this acquisition: •FAR 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Items (Deviation 2013-O0019) (Jan 2017) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (DEVIATION 2013-00019) (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, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _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 Aside (Nov 2011) (15 U.S.C. 644). (ii) Alternate I (Nov 2011). (iii) Alternate II (Nov 2011). (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-7. (iii) Alternate II (Mar 2004) of 52.219-7. (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9. (iii) Alternate II (Nov 2016) of 52.219-9. (iv) Alternate III (Nov 2016) of 52.219-9. (v) Alternate IV (Nov 2016) of 52.219-9. (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X (22) 52.219-28, Post Award Small Business Program Representation (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 (Sep 2016) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (35) 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, DoD, GSA, 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). (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 Television (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. _X (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. 13696). (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (ii) Alternate I (Jan 2017) of 52.224-3. _X (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 (Jun 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.] _X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). _X (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). _X (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). _X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). _X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d)Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1)The Comptroller General of the United States, 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 Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v)52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi)52.222-26, Equal Opportunity (Sep 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)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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, DoD, GSA, 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, Paidsick 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. (End of Clause) 1452.201-70 AUTHORITIES AND DELEGATIONS. As prescribed in section 1401.670-1, insert the following clause: Authorities and Delegations (SEP 2011) (a)The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b)The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c)The COR is not authorized to perform, formally or informally, any of the following actions: (1)Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2)Waive or agree to modification of the delivery schedule; (3)Make any final decision on any contract matter subject to the Disputes Clause; (4)Terminate, for any reason, the Contractor's right to proceed; (5)Obligate in any way, the payment of money by the Government. (d)The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e)of this clause. (e)The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f)The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g)Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause) Electronic Invoicing and Payment Requirements ‐ Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212‐4 Contract Terms and Conditions ‐ Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 ‐ 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973‐3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. SERVICE OF PROTEST (a)Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Stacey Rickard National Park Service - National Capital Region Office of Acquisition, Financial Assistance and Property Management 1100 Ohio Drive SW Washington, DC 20242 (b)The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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