SOLICITATION NOTICE
H -- Intrusion & Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair
- Notice Date
- 1/9/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 561621
— Security Systems Services (except Locksmiths)
- Contracting Office
- NPS, NER SERVICES MABO Boston National Historical Park Charlestown Navy Yard Building I-1 Boston MA 02129-4543 US
- ZIP Code
- 00000
- Solicitation Number
- P17PS00354
- Response Due
- 2/3/2017
- Archive Date
- 2/18/2017
- Point of Contact
- Barceleau, David
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation Number is P17PS00354 and is issued as a Request for Quote (RFQ) in accordance with the requirements of Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, using the procedures of FAR Part 13, Simplified Acquisition Procedures, and FAR Part 37, Service Contracting. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-93-1. The FAC is available at https://www.acquisition.gov/FAR. This is solicited as Full and Open Competition after Exclusion of Sources: Set_Asides for Small Business Concerns (Total Small Business Set-Aside) under NAICS code 561621, Security Systems Services (except Locksmiths), with a U. S. Small Business Administration size standard of $20.5 million. The Dept. of Labor's Service Contract Labor Standards Wage Determination, Decision No 2005-2374, Rev 18 Dated 12/30/2016 (Attachment 0003) is applicable to this combined synopsis/solicitation. A current Contractor registration is required on the System for Award Management (SAM) website, https://www.sam.gov/portal/public/SAM/ (formally CCR and ORCA). An offeror must ensure that they are self-certified under NAICS Code 561621 in the Representations and Certifications portion of SAM. Questions shall be submitted electronically to David Barceleau at david_barceleau@nps.gov. Submit quote on attached SF 1449. Quotations shall be submitted electronically to David Barceleau at david_barceleau@nps.gov and are due on Friday, February 03, 2017 at 2:00 pm ET. The Scope of Work (SOW) is attached as Attachment 0001. The Government anticipates awarding a Firm-Fixed-Price (FFP) purchase order resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government considering price only. Submit a fully completed Quote Schedule, Attachment 0002, with the completed SF 1449. Place of Performance: Sagamore Hill National Historic Site (SAHI) Oyster Bay, NY 11771. It is the quoter's obligation to confirm the location, types, and quantities of the devices as described in the contract documents. Point of contact for Site Visits, pursuant to RFQ provision 52.237-1, is Susan Sarna at 516-802-5586 or susan_sarna@nps.gov. See Attachment 0004, Floor Plans: Data and information furnished or referred to therein is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The incumbent contractor is Electronix Systems Central Station Alarms, Inc. of Huntington Station, NY. Delivery is a Base Year with four one-year option periods. The contractor shall furnish all labor, transportation, materials, supplies, permitting, and supervision to perform maintenance, testing, cleaning, and an all-inclusive life cycle component replacement for the Intrusion and Fire Alarm Systems within the NPS ¿s Sagamore Hill NHS. Additionally, the contractor shall provide 24 hour, 365 days a year, monitoring and event notification of analog and cellular accounts for the four intrusion alarm accounts and seven fire alarm accounts. Services provided shall be in full compliance with National Fire Protection Association (NFPA)-70, NFPA-72, Underwriters Laboratories (UL)-681, UL-609, and UL-827 as appropriate. Item 00010 Base Year: Firm-Fixed-Price (FFP) and Indefinite Quantity (IQ) Services for Intrusion and Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair in accordance with Attachment 0001, Scope of Work, Attachment 0002, Quote Schedule, and Attachment 0003, U. S. Department of Labor Service Contract Act Wage Determination. Item 00100 Option Year 1: Firm-Fixed-Price (FFP) and Indefinite Quantity (IQ) Services for Intrusion and Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair in accordance with Attachment 0001, Scope of Work, Attachment 0002, Quote Schedule, and Attachment 0003, U. S. Department of Labor Service Contract Act Wage Determination. Item 00200 Option Year 2: Firm-Fixed-Price (FFP) and Indefinite Quantity (IQ) Services for Intrusion and Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair in accordance with Attachment 0001, Scope of Work, Attachment 0002, Quote Schedule, and Attachment 0003, U. S. Department of Labor Service Contract Act Wage Determination. (366 days due to leap year.) Item 00300 Option Year 3: Firm-Fixed-Price (FFP) and Indefinite Quantity (IQ) Services for Intrusion and Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair in accordance with Attachment 0001, Scope of Work, Attachment 0002, Quote Schedule, and Attachment 0003, U. S. Department of Labor Service Contract Act Wage Determination. Item 00400 Option Year 4: Firm-Fixed-Price (FFP) and Indefinite Quantity (IQ) Services for Intrusion and Fire Alarm Systems Inspection, Monitoring, Maintenance and Repair in accordance with Attachment 0001, Scope of Work, Attachment 0002, Quote Schedule, and Attachment 0003, U. S. Department of Labor Service Contract Act Wage Determination. + The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. + Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, Alt. I, with their offer. + The clause at 52.212-4 Contract Terms and Conditions - Commercial Items, applies to this acquisition, + The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The following FAR provisions are cited: 52.204-10, 52.209-6, 52.219-6, 52.219-8, 52.219-13, 52.219-14, 52.219-28, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.222-54, 52.222-62, 52.223-9, 52.223-15, 52.223-18, 52.225-1, 52.225-13, 52.232-33, 52.222-17, 52.222-41, 52.222-42, 52.222-43, and 52.222-55. + The following clauses apply to this acquisition: 52.204-12, 52.204-18, 52.204-21, 52.222-20,52.223-5, 52.223-17, 52.228-5, 52.232-40, 52.237-2, 52.237-3, 52.242-15, and + 52.216-18 Ordering. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 03/01/2017 through 08/31/2022. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) + 12 52.216-19 Order Limitations. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $800.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of [None Specified]; (2) Any order for a combination of items in excess of [None Specified]; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 4 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) + 52.216-22 Indefinite Quantity. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last date of the current base year or exercised option year. (End of clause) + 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days.. (End of clause) + 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause) + 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) In compliance with the Service Contract Labor Standards statute 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: Electronic Integrated Systems Mechanic, 2610 Wage Grade 12 Step 2 Monetary Wage - Fringe Benefits: $26.10/hr + $4.70/hr = $30.80/hr (End of clause) + 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): For Federal Acquisition Regulation (FAR) Clauses and Provisions (those starting with "52.") see http://farsite.hill.af.mil/vffara.htm. For Department of the Interior Acquisition Regulation System (DIARS) Clauses and Provisions (those starting with "14") see http://farsite.hill.af.mil/vfdiara.htm. (End of clause) + 52.252-6 Authorized Deviations in Clauses. (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Department of the Interior (48 CFR 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) + 1452.203-70 Restriction on Endorsements (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material. (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. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Upload Invoice on company letterhead. Attach breakout of labor and materials to include supplier receipts for all work performed under IQ Repairs. 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. (End of Template) + 1452.228-70 Liability Insurance (JUL 1996) (a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company that is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows: 1. Workman's Compensation and Employer Liability Insurance: Compliance with applicable Federal and State Worker's Compensation and Occupational Disease Statutes shall be required. Employer liability coverage in the minimum amount of: $100,000. 2. General/Professional Liability Insurance: Bodily injury liability insurance minimum amount of $1,000,000 per occurrence. 3. Automobile Liability Insurance: This insurance shall be required on the comprehensive form of the policy and shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage shall be required. (b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work. (End of clause) + KEY PERSONNEL (NOV 2007) (a) The following personnel are considered essential to the work being performed hereunder: Lead Technician pursuant to Attachment 0001, Scope of Work, Section 4.6. [ Offeror fill in names of proposed key personnel, as presented in the technical proposal.] (b) The Contractor must notify the Contracting Officer prior to any changes in key personnel. The Contractor must provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will advise the Contractor as to the acceptability of the proposed substitutes within 15 calendar days after receipt of all required information of the decision on substitutions. The list of key personnel may be modified from time to time during the course of the contract, by mutual agreement of the parties. (c) If the services performed by key personnel do not conform to contract requirements or jeopardize successful performance of the contract, the Government may require the Contractor to remove the individual within five working days. (End of Clause) + PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007) + AUTHORITIES AND DELEGATIONS (SEPT 2011) 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) + CONTRACTOR PERFORMANCE INFORMATION (DIAPR) 2010-14, Amendment 1 + Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015) (a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. + The following provisions apply to the solicitation: 52.204-16, 52.217-5, and + 52.212-2 Evaluation - Commercial Items. (OCT 2014) (a)The Government anticipates awarding a Firm-Fixed-Price (FFP) purchase order resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government considering price only. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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) + 52.233-2 "SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)" (a) Protests, as defined in section 33.101 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 National Park Service, NE MABO, Charlestown, Navy Yard, Building I-1, Boston, MA 02129-4543 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240." (End of provision) + 52.237-1 Site Visit. (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (End of provision) + + 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): For Federal Acquisition Regulation (FAR) Clauses and Provisions (those starting with "52.") see http://farsite.hill.af.mil/vffara.htm. For Department of the Interior Acquisition Regulation System (DIARS) Clauses and Provisions (those starting with "14") see http://farsite.hill.af.mil/vfdiara.htm. (End of provision) + 52.252-5 Authorized Deviations in Provisions. (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Department of the Interior (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) + EXPENSES RELATED TO OFFERS (NOV 2007) + Agency Protests (a) Interested parties may request an independent review at a level above the Contracting Officer of protests filed directly with the agency. This review is available as an alternative to consideration of the protest by the Contracting Officer or as an appeal of the Contracting Officer's response to the protest. An interested party may: (1) Protest to the Contracting Officer; (2) Protest directly to the Bureau Procurement Chief without first protesting to the Contracting Officer; or (3) Appeal a contracting officer ¿s decision to the Bureau Procurement Chief. (b) Requests for Bureau Procurement Chief review should be addressed to: National Park Service Bureau Procurement Chief 200 Chestnut Street Philadelphia, PA 19106 (c) Requesting independent agency review will not extend the Government Accountability Offices (GAOs) timeliness requirements. Any subsequent protest to the GAO must be filed within ten days of knowledge of initial adverse agency action (see 4 CFR 21.2(a)(3).) (End of Clause) and + Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation (DEVIATION 2015-02) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reportingsuch fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision)
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