Provide student intern services to NWFSC Hammond, OR research station in accordance with the statement of work. Period of performance from the date of award to expiration of one year with up to three option years.

COMBINED SYNOPSIS/SOLICITATION Provide student intern services to NWFSC Hammond, OR research station in accordance with the statement of work. Period of performance from the date of award to expiration of one year with three option years. (I) 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 solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number WRD-10-16758 (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-10. (IV) This procurement is unrestricted and open to all sources. The associated NAICS code is 561110. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: See Statement of Work. (VI) Description of requirements is as follows: See Statement of Work: Statement of Work WRD-10-16758 1.0 Organization 1.1 Organization The Northwest Fisheries Science Center (NWFSC) National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC), is a government agency charged with the mission of stewardship for living marine resources. 1.2 Background and Objective The NWFSC provides scientific and technical support to NOAA Fisheries for the management, conservation, and wise use of the Northwest region's marine and anadromous resources. NOAA's Strategic Plan for FY2003 - FY2008, "New Priorities for the 21st Century" states that NOAA will apply its broad spectrum of environmental and social science expertise to establish an environmental literacy program for educating present and future generations about the changing Earth and its processes. It is the goal of the Strategic plan to inspire our Nation's youth to pursue scientific careers, thereby advancing the future talent of NOAA and its mission partners. Under the Strategic Plan, NOAA will actively encourage and promote careers in the environmental sciences through: 1) Increased number and diversity of college students graduating each year in fields related to fisheries, coastal, ocean, climate, atmospheric, and social sciences 2) Increased number of M.S. - and Ph.D. - level environmental scientists receiving degrees from minority-serving institutions 3) Increased number of NOAA staff serving as judges for, and NOAA awards presented at American primary and secondary school science fairs. To support these goals, NWFSC sponsors interns through secondary educational institutions, as well as community, technical, and four-year colleges and non-profit organizations. 1.3 Purpose Provide students with a wide range of learning experiences including internship and research training opportunities. Mentored internships at the NWFSC, Pt. Adams Research Station, Hammond, OR, will enhance classroom learning with practical work and experiences. These research experiences give students the opportunity to extend their knowledge through work with professionals in the field while providing NWFSC the opportunity to meet the goals of the NOAA Strategic Plan. 2.0 Description Vendor will engage qualified students in research, computer and administrative support activities as interns at the NWFSC, Pt. Adams, Hammond, OR. research station. 2.1 Computer Support Intern NWFSC requires a Computer Support Intern to provide on-site computer hardware and software support at the Pt. Adams research station. The intern will assist NWFSC Information Technology staff with network, file service, and print service support. The intern will support the following desktop software: Windows XP, Windows 7, Microsoft Office Professional, Microsoft Outlook mail client, and Adobe Acrobat Professional. 2.2 Fisheries Research Intern The intern will work with the Estuarine and Ocean Ecology (EOE) Program. This program researches links between natural fluctuations in climate and estuarine and oceanic processes that affect distribution, abundance, growth, and survival of anadromous and marine fishes in Pacific Northwest coastal estuaries and marine waters and the management of these systems. Participating students will participate in internship activities up to 14.5 hours per week during the academic year. 3.0 Services Required 3.1 Identify, screen, and suggest for placement students who fit the skill needs of NWFSC and are available to participate in an internship. Vendor will coordinate with NWFSC to ensure that the placements match the coursework, interests, and skills of each student with the areas of focus of NWFSC. 3.2 Provide overall administrative and technical support, to include adherence to state and local requirements. 3.2.1 Vendor will ensure that all interns are covered by worker's compensation insurance. 3.2.2 Vendor is responsible for the adherence of interns to all federal, state, local, and site-specific safety regulations. 5.0 Transportation and Travel 5.1 Appointees will not be allowed to operate government vehicles, unless in Temporary Duty (TDY) status under Official Travel Orders. In the event that TDY is required, Official Travel Orders will be issued and associated travel costs including transportation, lodging, subsistence, and incidental expenses incurred by the intern, while in travel status in connection with the internship, will be reimbursed in accordance with the College policies and Oregon law. 5.2 Vendor to be located within 10 miles of facility to ensure reasonable commute time for interns. 6.0 Period of Performance Period of performance is one year from date of award. This request includes three option years. Option period 1-one year from expiration of base period Option period 2-one year from expiration of option period 1 Option period 2-one year from expiration of option period 2 7.0 Schedules/Timekeeping Work schedules will be conducted during the normal working hours of the Government facility, excluding legal and federal holidays. The intern will not perform duties if the Center or designated facility is not open for business (i.e. inclement weather, power outages, holidays, etc.). Interns must follow appropriate state law for lunch breaks. 8.0 Privacy Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Employee is responsible for maintaining confidentiality of all subjects and materials. 9.0 Publication Information and data collected by the intern(s) shall become the property of NWFSC. The intern(s) and vendor must allow NWFSC to review, prior to publication, any information or data that is produced under this purchase order, to include speeches, publications, news releases, news media contracts and other informational programs. 10.0 Facilities, Supplies, and Services The Government may furnish equipment, materials, or data to the intern in support of their learning experience. For functions which require onsite performance at Government facilities, the Government will provide, at no cost to the vendor or intern, a proper working environment necessary for the successful completion of the internship. This may include, but no necessarily be limited to: work space, laboratory space, telephone access, computer terminal and software resources, materials and tools, and assistive technology, as needed. NWFSC will provide a project leader for each student. Assignments will provide the opportunity for interns to apply their academic skills and provide for professional growth and development. 11.0 Security and Identification A Department of Commerce Identification Card will be issued to the intern within seven (7) days of their reporting for assignment. Interns working on site more than 180 days will be required to undergo a security check. A security check will include but not be limited to fingerprinting and the completion of NOAA Security Worksheets. Interns must complete NOAA IT Security Awareness online training located at the following website: http://noaa.learnsecuritywith.us/noaasa/access/login.asp Any additional Government required on-line training will be completed within seven (7) days of reporting for assignment. NOAA will administer and pay for any costs associated with conducting security checks on Interns. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items 2005-10 applies to this acquisition. (IX) FAR 52.212-2, Evaluation - Commercial Items 2005-10, applies to this acquisition. Paragraph (a) is hereby completed as follows: See Statement of Work. Offers will be evaluated based on price and the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government. Offers will be evaluated solely on price, on an all or none basis. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (2005-10), with its quote. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (2005-10), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items 2005-10 applies to this acquisition. The following clauses under subparagraph (b) apply: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (FEB 2010) (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) 52.222-50, 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)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: [C.O. check as appropriate] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] __ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (9)(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. __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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. __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). XX (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). XX (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). XX (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). XX (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). XX (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (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.) __ (27)(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.) XX (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). XX (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. XX (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). (Supplies >$25,000 but <$194,000) __ (ii) Alternate I (Jan 2004) of 52.225-3. (Supplies >$25,000 but <$50,000) __ (iii) Alternate II (Jan 2004) of 52.225-3. (Supplies >$50,000 but <$67,826) __ (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). XX (33) 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). __ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). XX (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). XX (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). XX (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). XX (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). XX (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). XX (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (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)). ( ) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.217-5 Evaluation of Options. As prescribed in 17.208(c), insert a provision substantially the same as the following: Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.217-9 Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 36 months. (End of clause) 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Prescription: Insert the clause 1352.209-73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507-2(c), insert the following clause: 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) Prescription: Insert the clause 1352.209-74, Organizational Conflict of Interest, in all solicitations and contracts. As prescribed in 48 CFR 1309.507-2(d), insert the following clause: 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) Prescription: Insert clause 1352.237-70, Security Processing Requirements - High or Moderate Risk Contracts, in all service contracts designated as High or Moderate risk that will be performed on a DOC facility or when the contractor will access a DOC IT system. As prescribed in 48 CFR 1337.110-70 (b), insert the following clause: 1352.237-70 SECURITY PROCESSING REQUIREMENTS - High or Moderate Risk Contracts (APR 2010) (a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing, as noted below. (1) Investigative requirements for Non-IT Service Contracts are: (i) High Risk - Background Investigation (BI) (ii) Moderate Risk - Moderate Background Investigation (MBI) (2) Investigative requirements for IT Service Contracts are: (i) High Risk IT - Background Investigation (BI) (ii) Moderate Risk IT - Background Investigation (BI) (b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check. (c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). To be employed under this contract within the United States, non-U.S. citizens must have: (1) Official legal status in the United States; (2) Continuously resided in the United States for the last two years; and (3) Obtained advance approval from the servicing Security Officer of the contracting operating unit in consultation with the DOC Office of Security (OSY) headquarters. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.) (d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows: (1) The contractor must complete and submit the following forms to the Contracting Officer's Representative (COR): (i) Standard Form 85P (SF-85P), Questionnaire for Public Trust Positions; (ii) FD-258, Fingerprint Chart with OPM's designation in the ORI Block; and (iii) Credit Release Authorization. (2) The Sponsor will ensure that these forms have been properly complet...