subject to any negotiated or agency grievance procedure. Decisions rendered under the agency procedure are final.

(f) The Contracting Officer will provide a successful Contractor with a listing of those employees that USDA has determined are eligible for right of first refusal.

(End of clause)

452.207-71 Report of Employment Under Commercial Activities.

As prescribed in 407.305, insert the following clause:

REPORT OF EMPLOYMENT UNDER COMMERCIAL ACTIVITIES (FEB 1988)

(a) The Contracting Officer, as soon as practicable, will provide the Contractor with a list of the Federal employees, including social security numbers, that will be involuntarily separated from Government employment as a result of this contract.

(b) The Contractor agrees

(1) To provide the Contracting Officer within five working days after the date of transfer of the operation and maintenance responsibilities of a Federal project to the Contractor (contract start date) with the names and social security numbers of individuals on the list referenced in paragraph (a) that, as of the contract start date, had accepted or rejected offers of employment comparable to their previous employment with the Federal Government. For those who reject the Contractor's offer, the Contractor shall include total monetary value of the pay and benefits offered;

(2) To provide the Contracting Officer with the names and social security numbers of the individuals hired, within five working days of such hiring, during the first 90 days after the contract start date, if the Contractor hires any additional Federal employees on the list referenced in paragraph (a) for any job within the Contractor's organization; and

(3) To furnish the information required by this clause in a concise and clearly detailed format.

(c) The operation of the system of records identified by this clause is subject to the Privacy Act of 1974 (5 U.S.C. 552a) and clause 52.224-1 "Privacy Act Notification" and clause 52.224-2 "Privacy Act" included in this contract. This clause constitutes the notice required to invoke compliance by the Contractor with the provisions of the notice and clause.

(End of clause)

452.209-70 Organizational Conflicts of Interest.

As prescribed in 409.504, insert a clause substantially as follows:

ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 1988)

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue; such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

(End of clause)

452.210-70 Brand Name or Equal.

As prescribed in 410.004, insert the following provision:

BRAND NAME OR EQUAL (FEB 1988)

(As used in this clause, the term "brand name" includes identification of products by make and model.)

(a) If items called for by this solicitation have been identified in the schedule by a "brand name or equal" description, such identification is intended to be descriptive. but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering "equalTM products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids or proposals and are determined by the Government to meet fully the salient characteristics requirements listed in the solicitation.

(b) Unless the bidder clearly indicates in its bid that it is offering an “equal" product, its bid shall be considered as offering a brand name product referenced in the solicitation.

(c)(1) If the bidder proposes to furnish an “equal" product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the solicitation, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to the equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in its bid as well as other information reasonably available to the contracting activity. Caution to bidders: The contracting activity is not responsible for locating or securing any information which is not identified in the bid and reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the bidder must furnish as a part of its bid all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to—(i) Determine whether the product offered meets the salient characteristics requirement of the solicitation, and (ii) establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity.

(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the solicitation, the bid shall include: (i) A clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications.

(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the solicitation will not be considered.

(End of clause)

452.210-71 Statement of Work/Specifications.

As prescribed in 410.011, insert a clause substantially as follows:

STATEMENT OF WORK/SPECIFICATIONS (FEB

1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/ Specifications referenced in Section J.

(End of clause)

452.210-72 Attachments to Statement of Work/Specifications.

As prescribed in 410.011, insert the following clause:

ATTACHMENTS TO STATEMENT OF WORK/
SPECIFICATIONS (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of clause)

452.212-70 Level of Effort-Cost-Reimbursement Term Contract.

As prescribed in 412.104(a)(1), insert a clause substantially as follows:

LEVEL OF EFFORT-COST-REIMBURSEMENT TERM CONTRACT (FEB 1988)

(a) The Contractor shall perform all work and provide all required reports within the level of effort specified below. The Government will order direct labor hours for the base period which represents the Government's best estimate of the level of effort required to fulfill these requirements.

(b) For determining level of effort hours, direct labor includes personnel such as engineers, scientists, draftsmen, technicians, statisticians, and programmers. Support personnel such as company management, typists, and key punch operators will not be considered as part of the level of effort. However, support personnel should be charged directly to the contract if it is the Contractor's practice to do so.

(c) If the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period ordered, an equitable downward adjustment of the fixed fee for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the fixed fee.

(d) If the level of effort specified to be ordered during a given base or option period is not ordered during that period, that level of effort may not be accumulated and ordered during a subsequent period.

(e) These terms and conditions do not supersede the requirements of either of the FAR clauses 52.232-20 "Limitation of Cost" or 52.232-22 “Limitation of Funds".

(End of clause)

*Contracting Officer shall insert number of estimated direct labor hours.

Alternate I (Feb 1988). As prescribed in 412.104(a)(2), substitute a paragraph (c) substantially as follows, when a cost or costsharing term contract without fee is contemplated:

(c) The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached.

Alternate II (Feb 1988). As prescribed in 412.104(a)(3), substitute a paragraph (c) substantially as follows, when a cost-plus-incentive-fee (CPIF) term contract is contemplated:

(c) If the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period ordered, an equitable downward adjustment of the base fee and incentive fee for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the base fee and incentive fee.

Alternate III (Feb 1988). As prescribed in 412.104(a)(4), substitute a paragraph (c) substantially as follows, when a cost-plusaward-fee (CPAF) term contract is contemplated:

(c) If the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period ordered, an equitable downward adjustment of the base fee and award fee for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the base fee and award fee.

452.212-71 Task Orders

As prescribed in 412.104(b), insert a clause substantially as follows in costreimbursement term contracts when task orders are to be used.

TASK ORDERS (FEB 1988)

(a) The Contractor shall perform work under this contract as specified in written task orders issued by the Contracting Offi

cer.

(b) Each task order will include: (1) A numerical designation, (2) the estimate of required labor hours, (3) the period of performance and schedule of deliverables, (4) the description of the work, and (5) identifi

(3) Within

calendar days after receipt of the work plan, the Contracting Officer will provide written approval or disapproval of it to the Contractor.

(4) If the Contractor has not received approval on a work plan within ————calendar days after its submission, the Contractor shall stop work on that task order. Also, if the Contracting Officer disapproves a work plan, the Contractor shall stop work until the problem causing the disapproval is resolved. In either case, the Contractor shall resume work only when the Contracting Officer finally approves the work plan.

(d) This clause does not change the requirements of clause 452.212-70 "Level of Effort-Cost Reimbursement Term Contract," nor the notification requirements of either of the FAR clauses 52.232-20 “Limitation of Cost" or 52.232-22 "Limitation of Funds".

(e) Task orders shall not change any terms or conditions of the contract. If any language in the work assignment may suggest a change to the terms or conditions, the Contractor shall immediately request clarification from the Contracting Officer.

(End of clause)

*Contracting Officer shall insert appropriate numbers of calendar days.

**Contracting Officer shall insert appropriate number of copies.

452.212-72 Period of Performance.

As prescribed in 412.104(c)(1), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988) The period of performance of this contract is from - through

(End of clause)

*Contracting Officer shall insert the appropriate dates.

452.212-73 Effective Period of the Contract.

As prescribed in 412.104(c)(2), insert the following clause:

EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from through

(End of clause)

*Contracting Officer shall insert appropriate dates.

452.214-70 Award by Lot.

As prescribed in 414.201-6, insert a provision substantially as follows:

AWARD BY LOT (FEB 1988)

Subject to the Section L provision entitled "Contract Award-Sealed Bidding," award will generally be made to a single bidder on each entire lot. However, the Government reserves the right to award by items within any lot when the Contracting Officer determines that it is advantageous to the Government.

(End of provision)

452.215-71 Instructions for the Preparation of Technical and Cost or Pricing Proposals.

As prescribed in 415.407(a), insert a provision substantially as follows: INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (FEB 1988)

(a) General Instructions. The following instructions establish the acceptable minimum requirements for the format and content of proposals:

(1) The proposal must be prepared in two parts: a technical proposal and a business proposal. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, materials, subcontracts, etc.) must be contained in the technical proposal so that the contractor's understanding of the statement of work may be evaluated. It must disclose the contractor's technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirement of the technical proposal instructions.

(2) Offerors may, at their discretion, submit alternate proposals or proposals which deviate from the requirement; provid

ed, that an offeror also submit a proposal for performance of the work as specified in the statement of work. Any "alternate" proposal may be considered if overall performance would be improved or not compromised, and if it is in the best interest of the Government. Alternate proposals, or deviations from any requirement of this RFP, must be clearly identified.

(3) The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this RFP.

(b) Technical Proposal Instructions. (1) Proposals which merely offer to conduct a program in accordance with the requirements of the Government's statement of work will not be eligible for award. The contractor must submit an explanation of its proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives.

(2) A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. The technical approach should be in as much detail as the offeror considers necessary to fully explain the proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken.

(3) The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate the offeror's understanding and management of important events or tasks. The offeror must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished.

(4) The technical proposal must include a list of names and proposed duties of the professional personnel, consultants, and key subcontractor employees assigned to the project. Their résumés should be included and should contain information on education, background, recent work experience, and specific scientific or technical accomplishments. The approximate percentage of time each individual will be available for this project must be included. The proposed staff hours for each of the above individuals should be allocated against each task or subtask for the project.

(5) The technical proposal must provide the general background, experience and qualifications of the organization. Similar or related contracts, subcontracts, and/or grants should be included and/or each contain the name of the customer, contract number, dollar amount, time of performance, and the names and telephone numbers of the project officer and contracting/ grants officer.

(6) The technical proposal must contain a discussion of present or proposed facilities

and equipment which will be use in the performance of the contract.

(c) Business Proposal Instructions.

(1) General Requirements. To reduce subsequent requests to offerors for additional data in support of proposed costs, the following information is required:

(i) Cost proposals must be submitted in accordance with FAR 15.804-6 by using Standard Form 1411, Contract Pricing Proposal Cover Sheet, and Table 15-2, Instructions for Submission of a Contract Pricing Proposal.

(ii) The offeror shall submit separate cost or pricing data for the following:

(A) Options to extend the term of the contract.

(B) Options specified in the proposed statement of work.

(C) Major tasks, if required by special instruction.

(2) Specific Requirements. The offeror must also submit the following detailed information to support the proposed budget:

(i) Breakdown of direct labor cost by named person or labor category including number of labor hours and current actual or average hourly rates. Indicate whether current rates or escalated rates are used. If escalation is included, state the degree (percent) and methodology. Direct labor or levels of effort are to be identified as labor hours and not as a percentage of an individual's time. Indicate fringe benefit rate, if separate from the indirect cost rate.

(ii) The amount proposed for travel, subsistence and local transportation supported with a breakdown which includes: number of trips anticipated, cost per trip per person, destination(s) proposed, number of person(s) scheduled for travel, mode of transportation, and mileage allowances if privately owned vehicles will be used.

(iii) Cost breakdown of materials, equipment and other direct costs including duplication/reproduction, meetings and conferences, postage, communication and any other applicable items. Costs must be supported by specific methodology utilized.

(iv) If an offeror proposes to employ the use of an Automatic Data Processing System (ADPS), detailed data concerning proposed costs should include the following: (A) Make and model year of all equipment which will be used: keypunch, verifier, sorter, collator, tabulator, central processor unit (CPU), input-output components (I/O), etc.

(B) Estimated number of hours and usage rates for each distinct piece of equipment proposed.

(C) Listing of rates or quotes from prospective suppliers of the offeror.

(D) Copies of invoices submitted by past suppliers of the offeror.

(E) Listing of rates developed and/or approved by a Government agency where offeror has in-house capability.

(v) If consultants are proposed, detailed data concerning proposed consultant costs should include the following:

(A) Names of consultant(s) to be engaged. (B) Daily fees to be paid to each consultant.

(C) Estimated number of days of consulting services.

(D) Consulting agreements entered into between consultant(s) and the offeror, or invoices submitted by consultant(s) for similar services previously provided to the offeror. (E) Rationale for acceptance of cost.

(vi) If proposed, cost information for each subcontractor shall be furnished in the same format and level of detail as prescribed for the prime offeror. Additionally, the offeror shall submit the following information:

(A) A description of the items to be furnished by the subcontractor.

(B) Identification of the proposed subcontractor and an explanation of why and who the proposed subcontractor was selected including the extent of competition obtained.

(C) The proposed subcontract price, the offeror's cost or price analysis thereof, and performance/delivery schedule.

(D) Identification of the type of subcontract to be used.

(vii) Offeror shall briefly describe organization policies in the following areas (published policies may be furnished):

(A) Salary increases to include: (aa) Merit.

(bb) Cost of living. (cc) General.

(B) Travel/subsistence

(C) Consultant use and terms of agreements

(viii) Offerors lacking Government approved indirect cost rates must provide detailed background date indicating the cost elements included in the applicable pool and a statement that such treatment is in accordance with the established accounting practice. Offerors with established rate agreements with Federal cognizant agencies shall submit one copy of such agreement. (ix) Offeror shall

(A) Provide CPA certified balance sheet, profit/loss statement and statement of retained earnings covering each of the offeror's last three annual accounting periods.

(B) Specify the financial capacity, working capital and other resources available to perform the contract without assistance from any outside source.

(C) Provide the name, location, and intercompany pricing policy for other divisions, subsidiaries, parent company, or affiliated companies that will perform work or furnish materials under this contract.