SOLICITATION NOTICE
R -- Provide support for permit review, emergency response and enforcement, agency and stakeholder engagement, and assistance to other resource protection programs
- Notice Date
- 3/23/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541620
— Environmental Consulting Services
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Seattle, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349, United States
- ZIP Code
- 98115-6349
- Solicitation Number
- WAD-NCND6023-16-0663
- Archive Date
- 4/14/2016
- Point of Contact
- Maria L Mendoza, Phone: (206)526-6671
- E-Mail Address
-
Maria.L.Mendoza@noaa.gov
(Maria.L.Mendoza@noaa.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only Request for Quote (RFQ). Written quotes are being requested. A hardcopy written RFQ will not be issued. The Greater Farallones National Marine Sanctuary (GFNMS) seeks a contractor with proven experience in environmental policy and regulatory implementation to provide support for permit review, emergency response and enforcement, agency and stakeholder engagement, and assistance to other resource protection programs and priorities as needed. The period of performance for this requirement is May 9, 2016 to October 14, 2016. The contractor will work an average of 32-hours per week and shall not exceed 692 hours during the base period of performance, which will last 23 weeks. The contractor must be available to meet in-person with Sanctuary staff in their offices at the Presidio of San Francisco at least once a week during normal business hours, as needed, and must be willing to occasionally travel within the greater San Francisco Bay Area to attend meetings. An office space, computer and desk phone will be provided. An emergency response mobile phone will also be provided. A government vehicle based in San Francisco may be available for travel to meetings. If working offsite, the contractor must be reachable during normal business hours. All materials and documents will be the property of the Greater Farallones National Marine Sanctuary. MINIMUM QUALIFICATION REQUIREMENTS This work is equivalent to a GS-11/12 for the San Francisco Bay Area. The offeror must possess the following abilities, skills and experiences required to complete the services: • A bachelor's of science in environmental science, political science, marine biology, planning or other related degree; • At least 5 years of experience with all of the following: 1) coastal or marine resource protection or management; 2) environmental impact analysis; 3) regulatory review; and 4) implementing National Environmental Policy Act (NEPA) or California Environmental Quality Act (CEQA) compliant documents; • Demonstrated experience with reviewing or issuing permits and related decision documents, and conducting agency consultations; • Knowledge of relevant federal and state statutes and regulations pertaining to Sanctuary resources, and familiarity with the National Marine Sanctuaries Act and subsequent regulations; • Experience working with diverse stakeholders on controversial topics; • An understanding of ocean resources and/or ocean conservation issues and experience; • Knowledge of the Incident Command System (ICS), including ICS training and knowledge of alternative response technologies. • Ability to maintain a flexible schedule to respond to vessel spills and boat groundings; • Strong attention to detail and follow-through; ability to meet deadlines; ability to interact well with agency officials and the public; • Must have a valid driver's license and access to a motor vehicle; and • Although work is primarily performed from an office facility, tasks may be performed from seagoing vessels or aircraft and in the field. SCOPE OF WORK, ACTIVITIES, AND TASKS Working with the Sanctuary Superintendent, site staff, and/or other Office of National Marine Sanctuaries (ONMS) staff (as appropriate), the contractor will review provide support for the Resource Protection Team. Tasks include: TASK A: Permitting Coordination Review research, education, and other permit and certification applications and write permit decision documents consistent with National Environmental Policy Act (NEPA), Sanctuary regulations, permit criteria in 15 CFR 922, and ONMS performance measures. Conduct agency consultations and work with GCOS and national permit coordinator, as needed. Provide permit recommendations, craft special conditions, and make recommendations to Superintendent. TASK B: Vessel Spill Response Planning and Incident Response Support Respond through serving as a lead coordinator and/or environmental unit liaison (depending on the size of the incident) to vessel spill incidents, including vessel groundings and sinkings, in a timely manner. Follow in-house response plan when responding to incidents, track partnerships with response and resource trustee agencies, address use of dispersants and other alternative response technologies, Work with GFNMS Operations and Resource Protection team as needed to plan for removal of hazardous materials, and track staff time and document emergency response incidents. TASK C: Regulatory Review Comment on projects/plans affecting Sanctuary resources as necessary and assigned. Provide analyses and recommendations on legal and policy language related to resource protection issues, including regulatory changes, permit processes, policy development and interpretation. Serve as a liaison between legal and policy staff on regulatory, permit and enforcement issues. Coordinate final edits to the draft U.S. Coast Guard discharge rule, including associated NEPA analysis. TASK D: Stakeholder and Partner Agency Coordination Facilitate meetings and workshops at various levels, including contacts with federal, state and local agencies, scientists, businesses, environmental groups and the public. Review related background information and recommend appropriate follow-up actions where necessary. Respond to public information requests that relate to Sanctuary resource protection issues. For example, Motorized Personal Watercraft (jet ski) use off the San Mateo Coast, including, but not limited to, issuing permits and authorizations as needed, coordinating with law enforcement, ensuring up-to-date and accurate website content. TASK E: White Shark Stewardship and Permitting Project Coordination Coordinate the White Shark Stewardship Project, which includes public and boater outreach regarding regulations and permit options, coordinating and hosting naturalist trainings including all logistics related to the trainings, ensuring up-to-date and accurate website content, reviewing permit applications and monitoring compliance. TASK F: Resource Protection Respond to public inquiries, and work with NOAA Enforcement and the GFNMS Research, GIS, Education and Outreach teams on addressing key resource protection issues. Coordinate with other west coast sanctuaries to evaluate and package input on regional resource protection issues. Assist the Resource Protection Coordinator, Sanctuary Superintendent, and program operations team in developing annual plans, and headquarters requests related to ecosystem protection. Collaborate with sanctuary media lead in development of outreach products, including finalizing the White Shark Programmatic Environmental Assessment (PEA) roll-out plan and distributing the PEA as needed. Perform other duties as assigned by the Resource Protection Coordinator and Sanctuary Superintendent. TASK G: Enforcement and Wildlife Disturbance Serve as enforcement liaison to ONMS West Coast Region (WCR) office and NOAA Office of Law Enforcement (OLE) in support of the Resource Protection Coordinator (team lead on enforcement). Specific duties related to sanctuary enforcement include coordinating and organizing enforcement meetings with OLE and state/federal partner agencies and providing quarterly updated information to WCR office on enforcement issues (enforcement matrix). EVALUATION FACTORS In addition to cost or price, proposals will be evaluated based on the following factors, with each factor being of equal value. FACTOR A: Relevant Experience and Demonstrated Expertise The offeror shall demonstrate relevant experience, expertise, and qualifications. Quantity and relevance of experience and expertise are primary consideration. Offeror mustl provide a narrative which contains information of the experience and demonstrated skills of the offeror's performance of work of a similar nature, including but not limited to demonstrated knowledge of sanctuary permitting procedures, demonstrated knowledge of sanctuary NEPA analysis, and demonstrated knowledge of the Incident Command System. Experience and expertise must be supported by a resume. FACTOR B: Past Performance Past performance documentation should demonstrate performance with the same or similar type work and dollar value as described in this solicitation. It should be noted that the Government may use past performance information obtained from other than the sources identified by the offeror and that the information obtained may be used for both an evaluation factor and a responsibility determination. This requirement is a 100% set-aside to small business concerns under the North American Industry Classification Code (NAICS) 541620 with a size standard of $15.0M. The government intends to issue a firm fixed price purchase order with period of performance commencing approximately May 9, 2016 to October 14, 2016. All interested parties must respond to this announcement within six (6) calendar days of its publication. All responses must be in writing and may be faxed to (206) 527-7513 attention to Maria Mendoza or email at maria.l.mendoza@noaa.gov. This is a simplified acquisition. This notice is hereby issued as RFQ No.RA133C16RQ0663. The following provisions and clauses shall apply to this RFQ and resultant award. CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ Department of Commerce Clauses http://www.ecfr.gov/cgi-bin/text-idx?SID=c36a20ca785ffb6e3f97eb41748ef942&node=48:5.0.6.50.44&rgn=div5 (End of clause) Clauses Incorporated by Reference 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) FAR 52.212-2, Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote is best value to the government price and other factors considered. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (March 2015) (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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) (22 U.S.C. 7104(g)) (section 738 Division C of Pub L. 112-74, section 743 of Division D of Pub L 111-8, and section 745 of Division D of Pub L. 110-161). (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: __ (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). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (13) [Reserved] _X_ (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. __ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) 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 (Nov 2011) (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). _X_ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (30) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (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 Person (MAR 2015) (22 U.S.C. chapter 78 and E.O, 13627 ____(ii) Altermate I (MAR 2015) of 52.222.50 (22 U.S.C. Chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(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.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _ _ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ _____________ ____________________________ (End of clause) __ (3) 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). __ (4) 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). __ (5) 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). __ (6) 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). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). __ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).. (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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xi) 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). (xii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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. (xvii) 52.222-55 Minimum Wages Under Executive Order 13685 (DEC 2014) (Executive Order 13685). (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) Department of Commerce Clauses Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)   1352.201-70, Contracting Officer's Authority (APR 2010) (Reference) 1352.209-73 Compliance With the Laws (APR 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (APR 2010) (Reference) 1352.237-71 Security processing requirements - low risk contracts (APR 2010) (Reference)
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