PRESOL | R | Grand Jury and Deposition Court Reportine Services

FBO DAILY ISSUE OF APRIL 17, 2009 FBO #2699
SOLICITATION NOTICE

R -- Grand Jury and Deposition Court Reportine Services

Notice Date: 4/15/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 561492 — Court Reporting and Stenotype Services
Contracting Office: Department of Justice, Justice Management Division, Executive Office for the United States Attorneys-EOUSA, 600 E Street, Suite 2400, Washington, District of Columbia, 20530
ZIP Code: 20530
Solicitation Number: RFP-EOA55-9-0089
Archive Date: 5/15/2009
Point of Contact: Dino Ganpat,, Fax: 2026166651, Andrew Payne,, Phone: (202) 616-6434
E-Mail Address: deonarine.ganpat@usdoj.gov, andrew.payne@usdoj.gov
Small Business Set-Aside: Total Small Business
Description: Executive Office for United States Attorneys Acquisitions StaffBicentennial Building 600 E Street, NW, Suite 2400 Washington, DC 20530(202) 616-6425 FAX (202) 616-6651 April 14, 2008 Reference: Grand Jury and Deposition Court Reporting Services Subject: Request for Proposal Solicitation Number RFP-EOA55-9-0089 100% Small Business Set-Aside. Dear Offeror: The Executive Office for United States of Attorney’s (EOUSA) on behalf of the United States Attorney’s Office, Western District of New York invites contractors to submit a proposal for services described in the attached statement of work, under the authority of Part 12 of the Federal Acquisition Regulation. Enclosed you will find a Statement of Work for Grand Jury and Deposition Court Reporting Services. Please submit your price and technical proposal by April 30, 2009, 4:00 p.m. (EST). This RFP does not obligate the U.S. Government to award a contract, nor does it commit the U.S. Government to pay any cost incurred in preparing and submitting your proposal. The selection process will consist of a Best Value source selection based on key personnel, organizational past performance, organizational experience and price. Under a Best Value source selection, non-price evaluation factors, when combined are significantly more important than price. The EOUSA will not select an offeror for award on the basis of a superior capability without consideration of the offered price. The Proposals shall include the following information: (1) Provide resumes of prospective personnel. The personnel will be the key person(s) expected to perform the tasks identified in the Scope of Work, to include in addition to reporters both administrative and managerial personnel. The resume(s) should reflect the personnel’s security clearance level, training and certifications, if any. (2) Provide up to three (3) references for commensurate projects that are in progress or were completed within the last three (3) years. If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well. References may be from commercial and federal/state Government contracts. The Government reserves the right to check other references not provided by the Contractor. Documentation needs to be provided indicating how quickly the Contractor can replace a court reporter when the scheduled court reporter is unable to perform. The following information is required for each reference: (A) Customer name and address ( also Email Address) (B) Contract number (C) Point of contact (name, telephone number) for contractual/administrative matters and technical performance. (D) Period of contract performance (E) Description of work performed (3) A summary of the Contractor’s experience demonstrating the contractor’s knowledge and ability to perform the duties and tasks reflected in the Scope of Work. This summary shall not exceed two (2) pages. (4) Price quote as reflected in Section B. This procurement is a small Business Set Aside. The NAICS code for this solicitation is 561492. The Government estimated value of this contract is $250,000 for one base year and four 12 month option years. The precise period of performance will be determined at the time of award. Proposals submitted in response to this RFP will be received in the following manner: via regular mail (please allow additional time for security screening), hand carried, and email. Proposal may also be forwarded by Courier or Overnight Mail Service to the attention of the undersigned at EOUSA. Hand-Carried and Mailing Address: Executive Office for the United States Attorney’s Office 600 E Street, NW, Suite 5200 Washington, DC 20530 Attention: Dino Ganpat Email Address: Deonarine.Ganpat@usdoj.gov Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above. Please refer any questions concerning this request to Dino Ganpat at (202) 514-1098 or by email at Deonarine.Ganpat @usdoj.gov Sincerely, Andrew Payne III Contracting Officer Acquisitions Staff Enclosures: Section B, Supplies/Service and Prices Section C, Description/Specifications/Statement of Work Section D, Preservation, Packaging and Marking Section E, Inspection and Acceptance Section F, Deliveries or Performance Section G, Contract Administration Data Section H, Special Contract Requirements Section I, Contract Clauses Section J, List of Attachments Section K, Representations, Certifications and Other Statements of Offerors Section L, Instructions, Conditions and Notices to Offerors Section M, Evaluation Factors for Award SECTION B SUPPLIES/SERVICES AND PRICES B.1 General (a)The contractor shall provide Grand Jury and Deposition Court Reporting Services for the United States Attorney’s Office, WDNY. (b)The contract term includes a base year and four option years as shown in the table below. Contract Term Base Year July 1, 2009 thru June 30, 2010 Option Year 1 July 1, 2010 thru June 30, 2011 Option Year 2 July 1, 2011 thru June 30, 2012 Option Year 3 July 1, 2012 thru June 30, 2013 Option Year 4 July 1, 2013 thru June 30, 2014 (c) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) Contract with firm fixed unit prices. B.2 Minimum and Maximum Amounts (a) The Department will order a minimum amount of $25,000 under this contract. The specific CLINs and quantities will be identified in the work order(s) issued under this contract. The exercise of the options periods does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below. (b) There are no maximum quantities or amounts for each individual CLIN, work order, contract period, or contract. The maximum aggregate amount of all work orders issued under all contract awarded shall not exceed $250,000) for the entire term of the contract, including all options which may be exercised. B.3 Pricing (a) All unit prices are fixed unit prices that include all costs (including, but not limited to: labor, fringe benefits, overhead, G&A, delivery and profit) necessary to provide the Grand Jury and Deposition Court Reporting services required in the solicitation. (b)For planning purposes only, the following general information is provided: 1. Historically, the average number of Grand Jury proceedings per year for the USAO has been 125. 2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been 6. 3.Historically, the average number of depositions per year has been 45. 4.The line items indicated below are line items that may be ordered throughout the duration of the contract on an as needed basis. Base Year: ITEMDESCRIPTIONUNITEst. QtyUNIT PRICEExt. Price GRAND JURY TRANSCIPT 0001Regular TranscriptPG60000 0002Intermediate TranscriptPG1500 0003Daily TranscriptPG1000 0004Special TranscriptPG 500 0005Additional Transcript CopiesPG2000 0006Attendance FeeHR1000 0007Cancellation FeeHR24 0008 0009ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 0010Audio Tape or CDEA DEPOSITION TRANSCRIPT 0011Regular TranscriptPG60000 0012Intermediate TranscriptPG1200 0013Daily TranscriptPG1000 0014Special TranscriptPG150 0015Additional Transcript CopiesPG1000 0016Attendance FeeHR 0017Cancellation FeeEA 0018Delivery charge when expedited or messengered 0019ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 0020Audio Tape or CDEA 0021Video Recording FeeHR 0022Minimum Page number. If minimum page number is met, no appearance fee will be paid Option Year One: ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPT 1001Regular TranscriptPG60000 1002Intermediate TranscriptPG1500 1003Daily TranscriptPG1000 1004Special TranscriptPG500 1005Additional Transcript CopiesPG2000 1006Attendance FeeHR1000 1007Cancellation FeeHR24 1008 1009ASCII Diskettes or CDR– Ordered After Completion of TranscriptEA 1010Audio Tape or CDEA DEPOSITION TRANSCRIPT 1011Regular TranscriptPG60000 1012Intermediate TranscriptPG1200 1013Daily TranscriptPG1000 1014Special TranscriptPG150 1015Additional Transcript CopiesPG1000 1016Attendance FeeHR 1017Cancellation FeeEA 1018Delivery charge when expedited or messengered 1019ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 1020Audio Tape or CDEA 1021Video Recording FeeHR 1022Minimum Page number. If minimum page number is met, no appearance fee will be paid Option Year Two: ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPT 2001Regular TranscriptPG60000 2002Intermediate TranscriptPG1500 2003Daily TranscriptPG1000 2004Special TranscriptPG500 2005Additional Transcript CopiesPG2000 2006Attendance FeeHR1000 2007Cancellation FeeHR24 2008 2009ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 2010Audio Tape or CDEA DEPOSITION TRANSCRIPT 2011Regular TranscriptPG60000 2012Intermediate TranscriptPG1200 2013Daily TranscriptPG1000 2014Special TranscriptPG150 2015Additional Transcript CopiesPG1000 2016Attendance FeeHR 2017Cancellation FeeEA 2018Delivery charge when expedited or messengered 2019ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 2020Audio Tape or CDEA 2021Video Recording FeeHR 2022Dirty ASCII 2023Minimum Page number. If minimum page number is met, no appearance fee will be paid Option Year Three: ITEMDESCRIPTIONUNITEST.QTY UNIT PRICEEXT. PRICE GRAND JURY TRANSCIPT 3001Regular TranscriptPG60000 3002Intermediate TranscriptPG1500 3003Daily TranscriptPG1000 3004Special TranscriptPG500 3005Additional Transcript CopiesPG2000 3006Attendance FeeHR1000 3007Cancellation FeeHR24 3008 3009ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 3010Audio Tape or CDEA DEPOSITION TRANSCRIPT 3011Regular TranscriptPG60000 3012Intermediate TranscriptPG1200 3013Daily TranscriptPG1000 3014Special TranscriptPG150 3015Additional Transcript CopiesPG1000 3016Attendance FeeHR 3017Cancellation FeeHR 3018Delivery charge when expedited or messengered 3019ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 3020Audio Tape or CDEA 3021Video Recording FeeHR 3022Dirty ASCII 3023Minimum Page number. If minimum page number is met, no appearance fee will be paid Option Year Four: ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPT 4001Regular TranscriptPG60000 4002Intermediate TranscriptPG1500 4003Daily TranscriptPG1000 4004Special TranscriptPG500 4005Additional Transcript CopiesPG2000 4006Attendance FeeHR1000 4007Cancellation FeeEA 4008 4009ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 4010Audio Tape or CDEA DEPOSITION TRANSCRIPT 4011Regular TranscriptPG60000 4012Intermediate TranscriptPG1200 4013Daily TranscriptPG1000 4014Special TranscriptPG150 4015Additional Transcript CopiesPG1000 4016Attendance FeeHR 4017Cancellation FeeHR24 4018Delivery charge when expedited or messengered 4019ASCII Diskettes or CDR – Ordered After Completion of TranscriptEA 4020Audio Tape or CDEA 4021Video Recording FeeHR 4022Dirty ASCI 4023Minimum Page number. If minimum page number is met, no appearance fee will be paid SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK Work Statement (a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed, except as otherwise provided herein, to record and transcribe Grand Jury and Deposition testimony, on an "as needed" basis for the United States Attorney’s Office, specified in Section B in accordance with the terms, conditions and Statement of Work set forth herein. The U.S. Attorney's Office will be referred to as "USAO" and the provider of recording services will be referred to as "Contractor." (b) The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are listed below. In rare instances, services may be required at an alternative location. U. S. Courthouse U. S. Attorney’s Office, WDNY 138 Delaware Avenue Buffalo, NY 14202 Grand Jury Transcripts (a) Scheduling of Grand Jury: The USAO will notify the Contractor of the requirements for attendance at a Grand Jury no later than one business day before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating their intention to take the Grand Jury session by returning the signed work order form and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a Grand Jury session is continued for more than one day, the Contractor agrees that it will assign the same court reporter for each continued segment of that given Grand Jury session. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that Grand Jury session absent good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO authorized Point of Contact (POC) that another court reporter will be providing the court reporting services. (b) Original Transcripts. Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the turnaround times as set forth below. All Grand Jury transcripts shall contain (at a minimum) a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government. The title page should also include the Grand Jury number of the case, i.e., 07 GJ 999, and the name of the Federal Grand Jury that the witness I appearing before. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract. 1. Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the Grand Jury. A regular transcript shall be delivered to the USAO of each witness’s testimony, unless an expedited transcript is requested by the USAO in accordance with (4. Special) below. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO. 2. Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings. 3. Daily: All daily Grand Jury transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor will normally be notified in advance of the testimony of this requirement. 4. Special: All special transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement. 5. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above. 6. CD-R or DVD. A CD-R or DVD containing transcript shall be provided in a Word Prefect (preferred), Word or ASCII format. 7. Attendance Fee. The Contractor is entitled to an Attendance Fee as set forth in Section B of this contract. The fee is payable for each hour the Contractor's reporter appears at a scheduled proceeding. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 10:00am to 12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. The Contractor will generally be asked to report at 10:00am and be dismissed at 5:00pm. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. 8. Cancellation. In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is canceled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 PM of the workday immediately preceeding the day of the proceeding. In the event a proceeding is canceled after 4:30 PM of the prior day and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated. 9. Other Requirements. As follows: (1)A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the USAO requests it. (2)Each witness' testimony shall be in a separate transcript. (3)If the USAO does not request that a transcript be produced, charging for estimated pages shall NOT be allowed. Only the Attendance/Minimum fee will be paid. (4)Grand Jury transcripts may not be sold to anyone other than the Government at anytime under any circumstances. 10. Delivery: All Grand Jury Transcripts shall be delivered by contractor personnel, messenger service or overnight courier (Fed Ex). Transcripts must be double wrapped. The inner envelope must state "Grand Jury Material Enclosed. To be Opened by Authorized Personnel ONLY". Unauthorized viewing of this material is a violation of the law. Grand Jury information may be mailed ONLY if it is sent certified, registered, or by Fed-Ex. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE (I, We) hereby certify that the foregoing is a true and accurate transcript, to the best of (my, our) skill and ability, from my stenographic notes of this proceeding. DateCourt Reporter There shall be no charge for either this certification page or any index page if used. Deposition Transcripts (a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating their intention to take the deposition by returning the TOF document with number and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a deposition is continued for more than one day, the Contractor agrees that it will assign the same court reporter for each continued segment of that given deposition. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that deposition absent good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO that another court reporter will be providing the court reporting services. (b) Original Transcripts. Deposition transcript with CD-R or DVD are to be delivered in the turnaround times as set forth below. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract. 1. Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the deposition. A regular transcript shall be delivered to the USAO of each witness’s testimony, when requested by the USAO, unless an expedited transcript is requested by the USAO in accordance with (4. Expedited) below. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO. 2. Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings. 3. Daily: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement. We will advise in advance when ordering Daily. 4. Special: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement. We will advise in advance when ordering Special. 5. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above. 6. CD-R or DVD. A CD-R or DVD containing the transcript shall be provided in a Word Perfect (preferred), Word or ASCII format. 7. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in Section B of this contract. The Contractor may only assess this fee in the event that the Government does not request a transcript from the proceeding. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 10:00am to 12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid either one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee. It should be noted an attendance fee for depositions is provided only when the minimum number of pages is not met- the reporter gets the page fee or the attendance fee, whichever is greater, but not both. 8. Cancellation Fee. In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is canceled, the Government will notify the Contractor by telephone of such cancelation prior to 4:30 PM of the workday immediately preceding the day of the proceeding. In the event a proceeding is canceled after 4:30 PM of the prior day and the reporter arrives as previously ordered, a cancellation fee will be paid. 9. Other Requirements. As follows: (1)A transcript of all witness testimony shall be produced in accordance with above. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO. (2)Each witness' testimony shall be in a separate transcript. 10. Delivery. Deposition transcripts shall be delivered as instructed by the individual AUSA. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE I, (NAME OF REPORTER), a Shorthand Reporter and a Notary Public, do hereby certify that the foregoing witness, (NAME OF WITNESS), was duly sworn on the date indicated, and that the foregoing is a true and accurate transcription of my stenographic notes and is a true record of the testimony given by the foregoing witness. I further certify that I am not employed by or related to any party to this action by blood or marriage and that I am in no way interested in the outcome of this matter. In witness whereof, I have hereunto set my hand this day of, 20. There shall be no charge for either this certification page or any index page if used. Recording Requisites (a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. 1.Monitored Multi-microphone Recording Systems. The mandatory requirements follow: •The Contractor's personnel shall operate and monitor the recording equipment at all times. •The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. •The recording equipment utilized shall provide for the instant playback of testimony. •The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. •The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. •The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. •The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. •The recording monitor shall be able to identify speakers. •A back-up system shall be available so as not to delay the proceedings. •The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. 2.Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. 3.Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 4.Video Tape Recording. The Government must determine video formatting, DVD or CD. (b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he shall at all times be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, and matters of like character. (c) Depositions shall be taken by a Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and specifically Rule 30(e), which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. In the event further information is desired, the above referenced volume is a part of the United States Code, Title 28 and may be found at any public library. (d) Everything spoken pertaining to the subject matter of the deposition shall be reported, unless the Presiding Official otherwise directs. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. (e) All notes, records, documentary exhibits, and any other material which is a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise instructed. (f) Right to Remove Individual Reporter - It shall be an absolute right of the Government to inform the Contractor through the Contracting Officer of the unacceptability of specific court reporters for Grand Jury or Deposition work. The failure of the Contractor to provide a court reporter other than one designated unacceptable by the Government shall provide a basis for the Government's decision to obtain court reporting services from another source. Transcript Format (a) A separate transcript shall be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury date, time of the commencement of the proceeding for that particular witness, docket number, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the deposition, etc. and shall be followed by a page of distinctive color indexing the exhibits where applicable. (b) The paging of the transcripts shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc., and the paging of the transcript in a hearing shall follow consecutively the paging of the last previous hearing in the same case. (c) Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Velobinding is not acceptable for binding the transcripts. (d) All transcripts shall be typed with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on paper 8 ½ inches x 11 inches in size, with a ruled margin of 1 3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness name, date of testimony, and page number. The lines of testimony are to be numbered on each page beginning with #1. These numbers will appear just to the left of the left ruled margin. Whenever testimony is continuous, requiring more than one line, the typing shall begin one blank space after the left hand ruled margin and shall continue to the right hand ruled margin, with no blank spaces. The distance between the left hand ruled margin and the right hand ruled margin will be 6 3/8 inches. Therefore, there will be no less than 60 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily containing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines to the page. The first line of Q and A's will be indented 5 spaces, then followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. The first line of colloquy will be indented 10 spaces, followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an additional line. There should be no unnecessary blank lines unless absolutely necessary for readability. The USAO will be the sole judge of this format. Reduced page transcripts (Condensed Transcripts) shall include four transcript pages in reduced format on a single 8 ½ x 11 inch page. (e) Exhibits admitted in evidence, identified in a deposition, or in Grand Jury proceedings, when requested by the Government attorney shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, as directed by the individual Assistant U.S. Attorney (AUSA) and shall be annexed to the deposition transcript. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. Availability/Sale of Transcripts (a) Recording of proceedings shall be transcribed by the Contractor only when directed by the USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available to the public. (b) Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. Reports The Contractor shall submit immediately, in writing, to the Contracting Officer and the U.S. Attorney’s Office the following reports: 1.Unauthorized Entry. A report on any information coming to his attention concerning unauthorized entry (actual, attempted, or threatened) at his facilities where work for the United States Attorney’s Office is performed. 2.Loss, Compromise or Suspected Compromise. A report on any loss, compromise or suspected compromise of transcripts, notes or other related material. 3.Any change of ownership, including stock transfers that affect the control of the corporation. 4.Change of operating or address of the facility. 5.A report of any change during the performance of the contract in location of closed or restricted areas as established, including the creation of any new areas requiring approval of the United States Attorney. 6.A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard. 7.The Contractor shall also maintain and keep available for review by the United States Attorney’s Office a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter. FAR 52.216-18 Ordering (a) Services to be furnished under this contract shall be ordered by the issuance of work orders signed by Contracting Officer’s Technical Representative (COTR) or Authorized Individual of the United States Attorney’s Office. All work orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order. The contract will not be modified or superseded by any work order issued hereunder. A sample Court Reporting Ordering Form is attached. The ordering form or another acceptable form approved by the USAO can be used to issue work orders for court reporting services under this contract. All work orders placed under this contract must contain the following information: Date of Order Order Number Description of Service Place of Performance Account & Appropriation Data, if applicable Primary Point of Contact of the work order (b) List of Authorized Individuals designated to place work orders under this contract will be determined at the time of award. SECTION D PRESERVATION, PACKAGING AND MARKING Not Applicable. SECTION E INSPECTION AND ACCEPTANCE E.1 Notice Listing Contract Clauses Incorporated by Reference The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-4INSPECTION OF SERVICES--FIXED-PRICEAUG 1996 52.246-6INSPECTION--TIME-AND-MATERIALS ANDMAY 2001 LABOR-HOUR SECTION F DELIVERIES OR PERFORMANCE F.1 Period of Performance July 1, 2009 thru June 30, 2014 F.2 Primary Places of Performance U. S. Attorney’s Office, WDNY 138 Delaware Avenue Buffalo, NY 14202 The place of performance for depositions will be determined at the time work orders are issued. F.3 Performance Standards Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in Section C, Tangible Results and Deliverables, will be conducted jointly by the COTR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. SECTION G CONTRACT ADMINISTRATION DATA G.1 Contracting Officer’s Technical Representative (COTR) Upon award, a Contracting Officer's Technical Representative (COTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, the COTR shall not be authorized to change any terms and conditions of the resultant contract, including price. The COTR is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer. The COTR for this contract is: At time of award G.2 Contracting Officer The Contracting Officer for this contract is: Andrew Payne III Executive Office for US Attorneys Acquisitions Staff 600 E. Street, NW, Suite 2400 Washington, DC 20530 Written communications shall make reference to the contract number and shall be mailed to the above address. G.3 Payment/Invoice Requirements Payment for actual work and services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g) in Section I. In addition, the following information must appear on the invoice: 1.Date service was performed 2.Location service was performed 3.Attorney’s Name 4.Grand Jury Number (for Grand Jury only) 5.Name of witness Invoices shall be submitted to the COTR at the address shown in Section G. The COTR will certify the invoice for payment and forward the invoice to the Finance Office for payment with a copy to the Contracting Officer. All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance Hotline on (202) 616-6260. G.4 Accounting and Appropriation Data [To be completed at time of award] SECTION H SPECIAL CONTRACT REQUIREMENTS H.1 Personnel Security (a) The USAO will process background security investigations for Grand Jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to Grand Jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to Grand Jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for Grand Jury court reporters shall be cause for termination of this contract. (b) The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on Grand Jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. (c) Should Grand Jury proceedings require access to classified National Security Information by personnel of the Contractor; additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. (d) In the event the USAO is unable to obtain security approval for access to Grand Jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for Grand Jury court reporters. (e) The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to Grand Jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to Grand Jury information. H.2 Required Security Investigation (a) The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. (b) Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: Policy development or implementation Higher-level management assignment Independent spokespersons or non-management positions with authority for independent action, Significant fiduciary and procurement authority and responsibilities, and IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, Management of Federal Information Resources, “ for those computer positions that are High Risk at: http://www.whitehouse.gov/OMB/circulars/a130/a130trans4.html Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: Assistance to policy development and implementation, Mid-level management assignments, Non-management positions with authority for independent or semi-independent action, Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, “Management of Federal Information Resources, “ for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. (c) Types and Numbers of Background Investigations Work performed under this CONTRACT will fall within one or more of the risk categories defined paragraph 3.2.2(b). As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this CONTRACT. The Contractor will not be permitted to commence performance under the CONTRACT until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the CONTRACT, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. (d) Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the Security Programs Manager, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee’s favor. When derogatory information has been discovered that cannot be resolved in the contract employee’s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject’s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. (e) The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Form Number and Title Number of Copies FD-258 Fingerprint Card2 SF 85P - Questionnaire For Public Trust Positions2 (f) Procedures for Pre-Screening Applicants and Investigations Contractor’s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the CONTRACT or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this CONTRACT, the applicant must be disqualified from assignment on the CONTRACT. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this CONTRACT: 1. Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. 2. Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form DD-258 from an organization qualified to take fingerprints. 3. Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. 4. Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. (g) Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). (h) Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the CONTRACT. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual’s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual’s behavior indicates a preference for a foreign country over the United States) (i) Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. 1. The nature, extent and seriousness of the conduct. 2. The circumstances surrounding the conduct, to include knowledgeable participation. 3. The frequency and recency of the conduct. 4. The individual’s age and maturity at the time of the conduct. 5. The voluntaries of participation. 6. The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. 7. The motivation for the conduct. 8. The potential for pressure, coercion, exploitation or duress. 9. The likelihood of continuation or recurrence. (j) Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the CONTRACT falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this CONTRACT. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. (k) The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already business on the CONTRACT and is determined to be ineligible, he or she will be removed from the call order. (l) The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the CONTRACT, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). (m) The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. (n) The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. (o) Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held momentarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. (p) Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. (q) Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. H.3 Contractor Physical Security Requirements (a)Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: oKept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. oCovered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. oThe room containing the materials must be locked when vacated for short periods of time. oReturned to storage containers as soon as practical after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. (b) An Intrusion Detection System (IDS) must be installed and connected to a central station at the Contractor’s facility or the facility of a subcontractor who monitors the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of an alarm activation. Central station burglar alarm systems classified by the Underwriter’s Laboratories, Inc. or other systems with built-in auxiliary power for fail safe protection, shall satisfy this requirement. (Such system shall not use shunt switches to shut off control panels and all alarm sensors and control boxes should be equipped with tamper-proof switches). A direct-connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracting firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of the alarm and to take appropriate measures to ensure the security of the area concerned. (c) End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The court reporter firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. (d) The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to comply with these requirements. H.4 Information Technology Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. Removable storage media must be secured in the safe. In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. As a general rule, grand jury court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter’s equipment using the currently approved USAO sanitization method. Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance. Grand jury information should be backed up on a weekly basis. Grand jury information may not be processed by individuals outside of those contracted and granted security approval. H.5 Disposition (a) During the contract performance period, if any removable hard drives or cartridges used in conjunction with this contract become defective, this (these) removable hard drive(s) or cartridge(s) shall be removed and turned over to the Department of Justice for destruction. The Government will not compensate the Contractor for costs of any defective drives. (b) At the conclusion of the contract period, all media materials used in conjunction with this contract (i.e. floppy disks, removable hard drives or cartridges, cassette/magnetic tape, stenographic and hand-written notes, typewriter ribbons, etc.) shall be turned in to the USAO for destruction. Any of the media materials, which become defective during the contract performance period, shall be immediately turned in to the Department of Justice for destruction. The Government will not compensate the Contractor for the costs of these media materials. H.6 Protection of Grand Jury Information (a) Grand Jury testimony is sensitive Limited Official Use information, which must be protected against disclosure to unauthorized personnel. Pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure, disclosures of matters occurring before the Grand Jury other than its deliberations and the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, or operator of a recorded testimony may disclose matters occurring before the Grand Jury only when so directed by the court. (b) It shall be the duty of the Official Reporter to safeguard all materials relating to Grand Jury hearings, which are in his/her possession and/or under his/her custody. The USA may at his/her discretion retain custody of the material, including notes, tapes, drafts, etc., and require all transcribing and typing of the Grand Jury information be done within the United States Attorney’s office. (c) The Contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this agreement. The Contractor shall not divulge, sell, or distribute any information gained at a Grand Jury proceeding, except as authorized by the presiding official. H.7 Notice to Proceed Within ten (10) calendar days after the contract award, the Government will furnish the Contractor with personnel security application forms. The Contractor shall complete and return to the Contracting Officer’s Technical Representative all personnel security application forms within seven (7) calendar days after receipt. After a sufficient number of Contractor Personnel are cleared by the Government, a notice to proceed will be issued the Contracting Officer specifying a performance start date. H.8 Contractor Employee Residency Requirement All contractor employees assigned to this contract and business within the United States shall meet the DOJ Residency Requirement. The Residency Requirement states that, for three of the five years immediately prior to applying for a position, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas. H.9 Prohibition on Use of Non-US Citizens The Department of Justice does not permit the use of Non-U.S. citizens in the performance of this contract or commitment for any position that involves access to or development of any DOJ IT system. By signing the contract or commitment document, or commencing work there under, the contractor agrees to this restriction. [In those instances where other non-IT requirements contained in the contract or commitment can be met by using Non-U.S. citizens, those requirements shall be clearly described]. H.10 Consent of Subcontractors The term subcontractor, as used in this contract, includes any contractor business on behalf of the prime contractor. Subcontracting is not restricted under this contract if, in the judgment of the government, it does not adversely affect the quality or delivery of the final product or service. The Contracting Officer shall have the right to restrict subcontracting if it is determined that such an action is in the best interest of the Government. Subcontractors named and described in the Contractor’s successful proposal are considered authorized to perform work under this contract without further written consent from the Contracting Officer, unless such consent is revoked by the Contracting Officer. If the prime contractor recommends additional subcontractors, the Contracting Officer must provide consent prior to the subcontractor performing any work or having access to any relevant information. H.11 Key Personnel A. The key personnel whom the Contractor shall furnish for the performance of this contract are as follows: NameTitle TO BE DETERMINED AT TIME OF AWARD B. The personnel specified above is/are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and USDOJ Contracting Officer’s Technical Representative reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer. SECTION I CONTRACT CLAUSES I.1 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 may be accessed electronically at this Internet address, http://www.arnet.gov. 52.216-27Single or Multiple Awards(OCT 1995) I.2 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2006) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system. (End of clause) 52.212-4 Contract Terms and Conditions—Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2007) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) Alternate I (Feb 2007). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i) and (l) for those in the basic clause. (a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may— (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to— (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause— (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are— (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii) Materials means— (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause. (iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Services accepted. Payment shall be made for services accepted by the Government that have been delivered to the delivery destination(s) set forth in this contract. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall be the contractor's established catalog or market price, adjusted to reflect the— (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor— (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall— (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”] (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’).”] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment— (A) The original timecards (paper-based or electronic); (B) The Contractor’s timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost— (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. (i) Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (ii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (6) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (7) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (8) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (9) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided (End of Clause) I.4 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (NOV 2006) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Sep 2006)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (4) [Reserved] _X_ (5) (i) 52.219-6, Notice of Total Small Business 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. ___ (6) (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. ___ (7) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)). ___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2006)(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. ___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (10) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(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. ___ (11) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (12) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004). _X_ (14) 52.222-3, Convict Labor (June 2003)(E.O. 11755). _X_ (15) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X_ (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (17) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). _X_ (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). _X_ (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). _X_ (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). ___ (21) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (22) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000)(42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (23) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d). ___ (24) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-53). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (25) 52.225-5, Trade Agreements (Jun 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (26) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (27) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150). ___ (28) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150). _X_ (29) 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)). _X_ (30) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (31) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). _X_ (32) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (33) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (34) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (35) (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: _X_ (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007)(41 U.S.C. 351, et seq.). _X_ (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.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). _X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ________________________________________________ (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 Subcontractor 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, 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. (ii) 52.222-26, Equal Opportunity (Apr 2002)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64, (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) I.5 Ordering (a)Any supplies and services to be furnished under this contract must be ordered by issuance of work orders by the individuals designated in the schedule or in the Districts work orders. Such orders may be issued from the date of award through (enter date). (b)All work orders are subject to the terms and conditions of this contract. In the event of a conflict between a work order and this contract, the contract shall control. (c)If mailed, a work 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. 52.216-18 Ordering. As prescribed in 16.506(a), insert the following clause: 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 __________ through ____________ [insert dates]. (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) I.6 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 $(enter amount), 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 $(enter amount); (2) Any order for a combination of items in excess of $(enter amount); (3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above. (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) above. (d) Notwithstanding paragraphs (b) and (c) above, 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 5 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. I.7 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 30 days. (End of clause) I.8 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 30days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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, shallnot exceed five (5) years. (End of clause) I.9 52.216-22 Indefinite Quantity. As prescribed in 16.506(e), insert the following clause: 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 _______________ [insert date]. (End of clause) SECTION J LIST OF ATTACHMENTS 1. List of authorized individuals designated to place work orders under this contract (To be provided at time of award) 2.Sample Court Reporting Ordering Form 3.Continuing Contract Performance During a Pandemic Influenza or other National Emergency 4.Security of Systems and Data, including Personally Identifiable Data 5.Department of Labor wage rates SECTION K REPRESENTATIONS, CERTIFICATION AND OTHER STATEMENTS OF OFFERORS 52.212-3 --Offeror Representations and Certifications -- Commercial Items (Sept. 2006) An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certificates 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 (b) through (j) of this provision. (a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN. (3) Taxpayer Identification Number (TIN). TIN:_____________________. _____TIN has been applied for. _____TIN is not required because: _____Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; _____Offeror is an agency or instrumentality of a foreign government; _____ Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. _____ Sole proprietorship; _____ Partnership; _____ Corporate entity (not tax-exempt); _____ Corporate entity (tax-exempt); _____ Government entity (Federal, State, or local); _____ Foreign government; _____ International organization per 26 CFR 1.6049-4; ____ Other ____________________. (5) Common parent. _____ Offeror is not owned or controlled by a common parent: _____ Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it _____ is, _____ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it _____ is, _____ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it _____ is, _____ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it _____ is, _____ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it _____ is, _____ is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it _____ is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it _____ is, _____ is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of EmployeesAverage Annual Gross Revenues 50 or fewer$1 million or less 51-100$1,000,001-$2 million 101-250$2,000,001-$3.5 million 251-500$3,500,001-$5 million 501-750$5,000,001-$10 million 751-1,000$10,000,001-$17 million Over 1,000Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It _____ is, _____ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It _____has, _____ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subcontractor B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It _____ is, _____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It _____ is, _____ not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It _____ has, _____ has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It _____ has, _____ has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It _____ has developed and has on file, _____ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It _____ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Moroccan End Products) or Israeli End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. Other Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.:Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.:Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) _____ Are, _____ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) _____ Have, _____ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (3) _____ Are, _____ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End ProductListed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured outside the united States); or (2) [ ] Outside the United States. (k) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) webisite. (2) The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov.After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (b) through (j) of this provision that the offeror has completed for the purposes fo this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated int his offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (End of Provision) Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (ii)Address. The offeror represents that its address __is, __ is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subcontractor B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture. (iii) SECTION L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 52.212-1 Instructions to Offerors—Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUNE 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to— GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) L.252.212-2 Evaluation – Commercial Items (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Evaluation Criteria Organizational Experience Price Organizational Experience – In determining Organizational experience of the contractor, we will evaluate their Past Performance to determine the degree to which a contractor, as an organization, has satisfied its customers. The EOUSA will check each contractor’s client reference to inquire about (1) the quality and timeless of the vendor’s work: (2) reasonableness of its business behavior; and, (3) technical and management capabilities. The EOUSA may check references provided by the contractor, particularly commensurate tasks, and may expand the evaluation to include references not contained in the vendor’s submission. The actual number of reference checked is entirely at the EOUSA’s discretion. Price – The Government intends to make contract award(s) to the offerors whose proposal represents the best value to the Government. The evaluation of price will be based on the Government estimate of quantities and the offeror’s total price. If the Government determines that there are significant differences in technical merit among competing proposals, then a more expensive proposal may by selected for award where the Government determines that the value of the selected proposal is worth the price differential. Each vendor’s price proposal will be evaluated to assess the reasonableness of proposed prices. This evaluation will be based on the information and supporting data provided in the proposal and its compatibility with the evaluation factors identified above. Best Value Source Selection Nonprice evaluation factors, when combined, are significantly more important that price. EOUSA will not select an offer for award on the basis of superior capability without consideration of the amount of its price. The relative influence that capability and price will have on the source selection authority will depend on the marginal differences among the competing offerors. L.352.216-1 Type of Contract (APR 1984) The Government contemplates award of an Indefinite Delivery Indefinite Quantity contract with firm fixed unit prices resulting from this solicitation. L.452.216-27 Single or Multiple Awards (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. L.552.233-2 Service of Protest (Sep 2006) (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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Wolfgang Nickle, EOUSA, 600 E Street, NW, Suite 2400, Washington, DC 20530 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) SECTION M EVALUATION FACTORS FOR AWARD M.1 Evaluation Factors The selection will consist of a Best Value source selection process based upon key personnel, organizational past performance, organizational experience and price. Nonprice evaluation factors, when combined, are significantly more important than price. 1. Capability of the Offeror EOUSA will assess (evaluate) the capability of each offeror on the basis of its proposed key personnel, organizational experience, and organizational past performance. EOUSA will use its assessment of capability as a basis for comparing offeror’s to determine best value. A.Key Personnel The Contractor shall provide personnel with the knowledge, skills and abilities to perform the duties as stated in the Scope of Work. The key personnel shall have experience with recording and transcribing Grand Jury and deposition testimony. B.Organizational Past Performance Past performance is a measure of the degree to which an offeror satisfied its customers in the past and complied with laws and regulations. EOUSA will contact some of the offeror’s customers to ask whether or not they believe (1) that the offeror was capable, efficient, and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was reasonable and cooperative during the performance; and (4) that the offeror was committed to customer satisfaction. In evaluating past performance, EOUSA will contact some of the references provided by the offeror and other sources of information, including, but not limited to: other government agencies, better business bureaus, published media, and electronic data bases. Organizations that do not have a past organizational experience record will receive a “neutral” rating. C. Organizational Experience EOUSA will evaluate each offeror’s experience on the basis of its breath, its depth, and its relevance to the work as stated in the Scope of Work. 2.Price EOUSA will evaluate the contractor’s proposed prices to determine that the prices are fair and reasonable. 3.Relative Importance of the Evaluation Factors- Best Value Source Selection Nonprice evaluation factors, when combined, are significantly more important than price. EOUSA will not select an offeror for award on the basis of superior capability without consideration of the offered price. The relative influence that capability and price will have on the source selection authority will depend on the marginal differences among the competing offerors. 4. Source Selection Decision An EOUSA technical evaluation panel will rank offerors from best to worst by making paired comparisons and trading off the marginal differences in capability and price. If one offeror has both the better capability and the lower price, then that offeror will be the better value. If one offeror has the better capability and the higher price, then the technical evaluation panel will decide whether the marginal difference in capability is worth the marginal difference in price. If the technical evaluation panel considers the better capability to be worth the higher price, then the more capable, higher-priced offeror will be the better value. If not, then the less capable, lower-priced offeror will be the better value. ATTACHMENT – J.1 STATEMENT: If you are going to use more than 5 employees covered by the service contract act then the Department of Labor wage rates will apply. See attached Department of Labor wage rates. ATTACHMENT – J.2 SAMPLE COURT REPORTING/ORDERING FORM Date:_____________Contract Number:_________________ Order Number: ___________________ Services Required: Time, Place and Duration of Services: Special Packaging or Shipping Requirements (if any): Funding: _________________________________________________________ USAO Designated Authorized CallerContractor I hereby accept the services requested Attachment - J.3 Continuing Contract Performance During a Pandemic Influenza or other National Emergency During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods. The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation. The types of actions a federal contractor should reasonably take to help ensure performance are: •Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. •Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option. •Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency. •Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency. •Establish communication processes to notify employees of activation of this plan. •Integrate pandemic health crisis response expectations into telework agreements. •With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Contract Security requirements must be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate. •Determine how all employees who may telework will communicate with one another and with management to accomplish work. •Practice telework regularly to ensure effectiveness. •Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. •Identify how time and attendance will be maintained. It is the contractor's responsibility to advise the government contracting officer or COTR if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer, COTR or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. The Department does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2 Emergency Acquisition Flexibilities of the Federal Acquisition Regulations. Attachment - J.4 Security of Systems and Data, Including Personally Identifiable Data. a. Systems Security The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor’s systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements: 1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism. 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department. 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor’s project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of contractor work. b. Data Security By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer’s technical representative (COTR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874- 2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours. c. Personally Identifiable Information Notification Requirement The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department’s Data Breach Notification Procedures, which may include offering credit monitoring when appropriate. d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c, above, apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. Attachment J-5 WD 05-2375 (Rev.-5) was first posted on www.wdol.gov on 06/03/2008 ****************************************************************************** ****************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2375 Shirley F. Ebbesen Division of | Revision No.: 5 Director Wage Determinations| Date Of Revision: 05/29/2008 _______________________________________|_______________________________________ State: New York Area: New York Counties of Bronx, Kings, New York, Putnam, Queens, Richmond, Rockland, Westchester OCCUPATION NOTE: Janitor: The rate for the Janitor occupation applies to Putnam, Rockland, and Weschester Counties only. See Wage Determination 1977-0225 for wage rates and fringe benefits for Bronx, Kings, New York, Queens, and Richmond Counties. _______________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.33 01012 - Accounting Clerk II 16.28 01013 - Accounting Clerk III 20.96 01020 - Administrative Assistant 27.78 01040 - Court Reporter 21.19 01051 - Data Entry Operator I 13.95 01052 - Data Entry Operator II 15.22 01060 - Dispatcher, Motor Vehicle 25.16 01070 - Document Preparation Clerk 15.15 01090 - Duplicating Machine Operator 14.03 01111 - General Clerk I 13.47 01112 - General Clerk II 15.41 01113 - General Clerk III 17.11 01120 - Housing Referral Assistant 22.74 01141 - Messenger Courier 11.97 01191 - Order Clerk I 18.05 01192 - Order Clerk II 21.67 01261 - Personnel Assistant (Employment) I 17.11 01262 - Personnel Assistant (Employment) II 19.63 01263 - Personnel Assistant (Employment) III 22.12 01270 - Production Control Clerk 22.12 01280 - Receptionist 15.28 01290 - Rental Clerk 17.74 01300 - Scheduler, Maintenance 17.50 01311 - Secretary I 17.50 01312 - Secretary II 21.38 01313 - Secretary III 22.74 01320 - Service Order Dispatcher 20.00 01410 - Supply Technician 27.78 01420 - Survey Worker 19.06 01531 - Travel Clerk I 14.30 01532 - Travel Clerk II 15.50 01533 - Travel Clerk III 16.83 01611 - Word Processor I 16.51 01612 - Word Processor II 18.49 01613 - Word Processor III 21.13 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 26.94 05010 - Automotive Electrician 27.14 05040 - Automotive Glass Installer 26.01 05070 - Automotive Worker 26.01 05110 - Mobile Equipment Servicer 23.26 05130 - Motor Equipment Metal Mechanic 28.87 05160 - Motor Equipment Metal Worker 26.01 05190 - Motor Vehicle Mechanic 28.27 05220 - Motor Vehicle Mechanic Helper 22.05 05250 - Motor Vehicle Upholstery Worker 24.88 05280 - Motor Vehicle Wrecker 26.01 05310 - Painter, Automotive 27.14 05340 - Radiator Repair Specialist 26.01 05370 - Tire Repairer 18.22 05400 - Transmission Repair Specialist 28.27 07000 - Food Preparation And Service Occupations 07010 - Baker 19.55 07041 - Cook I 17.97 07042 - Cook II 19.55 07070 - Dishwasher 14.67 07130 - Food Service Worker 14.67 07210 - Meat Cutter 19.55 07260 - Waiter/Waitress 15.50 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.13 09040 - Furniture Handler 15.30 09080 - Furniture Refinisher 20.13 09090 - Furniture Refinisher Helper 16.90 09110 - Furniture Repairer, Minor 18.51 09130 - Upholsterer 20.13 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 14.92 11060 - Elevator Operator 14.67 11090 - Gardener 17.97 11122 - Housekeeping Aide 14.82 11150 - Janitor 15.05 11210 - Laborer, Grounds Maintenance 15.50 11240 - Maid or Houseman 13.98 11260 - Pruner 12.52 11270 - Tractor Operator 17.13 11330 - Trail Maintenance Worker 15.50 11360 - Window Cleaner 16.25 12000 - Health Occupations 12010 - Ambulance Driver 18.77 12011 - Breath Alcohol Technician 22.06 12012 - Certified Occupational Therapist Assistant 20.71 12015 - Certified Physical Therapist Assistant 19.52 12020 - Dental Assistant 15.42 12025 - Dental Hygienist 32.27 12030 - EKG Technician 23.64 12035 - Electroneurodiagnostic Technologist 23.64 12040 - Emergency Medical Technician 20.65 12071 - Licensed Practical Nurse I 18.36 12072 - Licensed Practical Nurse II 20.66 12073 - Licensed Practical Nurse III 22.95 12100 - Medical Assistant 15.22 12130 - Medical Laboratory Technician 20.30 12160 - Medical Record Clerk 17.28 12190 - Medical Record Technician 19.68 12195 - Medical Transcriptionist 17.28 12210 - Nuclear Medicine Technologist 32.31 12221 - Nursing Assistant I 9.80 12222 - Nursing Assistant II 13.16 12223 - Nursing Assistant III 14.36 12224 - Nursing Assistant IV 16.01 12235 - Optical Dispenser 21.71 12236 - Optical Technician 14.20 12250 - Pharmacy Technician 13.74 12280 - Phlebotomist 14.26 12305 - Radiologic Technologist 27.33 12311 - Registered Nurse I 31.55 12312 - Registered Nurse II 34.68 12313 - Registered Nurse II, Specialist 34.68 12314 - Registered Nurse III 43.98 12315 - Registered Nurse III, Anesthetist 43.98 12316 - Registered Nurse IV 52.78 12317 - Scheduler (Drug and Alcohol Testing) 25.47 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 21.91 13012 - Exhibits Specialist II 29.59 13013 - Exhibits Specialist III 33.39 13041 - Illustrator I 21.91 13042 - Illustrator II 26.70 13043 - Illustrator III 30.13 13047 - Librarian 37.25 13050 - Library Aide/Clerk 14.35 13054 - Library Information Technology Systems Administrator 29.89 13058 - Library Technician 21.91 13061 - Media Specialist I 19.56 13062 - Media Specialist II 21.78 13063 - Media Specialist III 24.18 13071 - Photographer I 18.78 13072 - Photographer II 21.93 13073 - Photographer III 29.89 13074 - Photographer IV 34.99 13075 - Photographer V 42.32 13110 - Video Teleconference Technician 18.78 14000 - Information Technology Occupations 14041 - Computer Operator I 18.75 14042 - Computer Operator II 21.07 14043 - Computer Operator III 23.60 14044 - Computer Operator IV 26.94 14045 - Computer Operator V 28.87 14071 - Computer Programmer I (1) 27.62 14072 - Computer Programmer II (1) 27.62 14073 - Computer Programmer III (1) 27.62 14074 - Computer Programmer IV (1) 27.62 14101 - Computer Systems Analyst I (1) 27.62 14102 - Computer Systems Analyst II (1) 27.62 14103 - Computer Systems Analyst III (1) 27.62 14150 - Peripheral Equipment Operator 18.75 14160 - Personal Computer Support Technician 26.94 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 35.73 15020 - Aircrew Training Devices Instructor (Rated) 40.44 15030 - Air Crew Training Devices Instructor (Pilot) 44.50 15050 - Computer Based Training Specialist / Instructor 35.73 15060 - Educational Technologist 29.38 15070 - Flight Instructor (Pilot) 44.50 15080 - Graphic Artist 30.38 15090 - Technical Instructor 28.58 15095 - Technical Instructor/Course Developer 34.85 15110 - Test Proctor 23.24 15120 - Tutor 23.24 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 10.40 16030 - Counter Attendant 10.40 16040 - Dry Cleaner 12.80 16070 - Finisher, Flatwork, 10.40 16110 - Presser, Machine, Drycleaning 10.40 16130 - Presser, Machine, Shirts 10.40 16160 - Presser, Machine, Wearing Apparel, Laundry 10.40 16190 - Sewing Machine Operator 13.59 16220 - Tailor 14.36 16250 - Washer, Machine 11.27 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.13 19040 - Tool And Die Maker 23.35 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.96 21030 - Material Coordinator 21.70 21040 - Material Expediter 21.70 21050 - Material Handling Laborer 16.41 21071 - Order Filler 14.16 21080 - Production Line Worker (Food Processing) 16.96 21110 - Shipping Packer 15.28 21130 - Shipping/Receiving Clerk 15.28 21140 - Store Worker I 13.48 21150 - Stock Clerk 16.89 21210 - Tools And Parts Attendant 16.96 21410 - Warehouse Specialist 16.96 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 27.47 23021 - Aircraft Mechanic I 26.16 23022 - Aircraft Mechanic II 27.47 23023 - Aircraft Mechanic III 28.84 23040 - Aircraft Mechanic Helper 21.12 23050 - Aircraft, Painter 21.21 23060 - Aircraft Servicer 24.13 23110 - Appliance Mechanic 20.36 23120 - Bicycle Repairer 17.13 23125 - Cable Splicer 31.99 23130 - Carpenter, Maintenance 28.34 23140 - Carpet Layer 26.98 23160 - Electrician, Maintenance 37.18 23181 - Electronics Technician Maintenance I 23.39 23182 - Electronics Technician Maintenance II 29.17 23183 - Electronics Technician Maintenance III 31.14 23260 - Fabric Worker 23.18 23290 - Fire Alarm System Mechanic 21.67 23310 - Fire Extinguisher Repairer 20.54 23311 - Fuel Distribution System Mechanic 25.98 23312 - Fuel Distribution System Operator 21.56 23370 - General Maintenance Worker 20.88 23380 - Ground Support Equipment Mechanic 26.16 23381 - Ground Support Equipment Servicer 23.13 23382 - Ground Support Equipment Worker 24.13 23391 - Gunsmith I 20.54 23392 - Gunsmith II 22.77 23393 - Gunsmith III 24.75 23410 - Heating, Ventilation And Air-Conditioning Mechanic 22.97 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 23.88 23430 - Heavy Equipment Mechanic 24.59 23440 - Heavy Equipment Operator 34.38 23460 - Instrument Mechanic 25.56 23465 - Laboratory/Shelter Mechanic 23.76 23470 - Laborer 15.95 23510 - Locksmith 20.31 23530 - Machinery Maintenance Mechanic 23.45 23550 - Machinist, Maintenance 20.81 23580 - Maintenance Trades Helper 16.90 23591 - Metrology Technician I 25.56 23592 - Metrology Technician II 26.57 23593 - Metrology Technician III 27.55 23640 - Millwright 26.65 23710 - Office Appliance Repairer 22.95 23760 - Painter, Maintenance 23.15 23790 - Pipefitter, Maintenance 29.89 23810 - Plumber, Maintenance 30.95 23820 - Pneudraulic Systems Mechanic 24.75 23850 - Rigger 23.02 23870 - Scale Mechanic 22.77 23890 - Sheet-Metal Worker, Maintenance 30.55 23910 - Small Engine Mechanic 19.30 23931 - Telecommunications Mechanic I 29.13 23932 - Telecommunications Mechanic II 31.02 23950 - Telephone Lineman 29.12 23960 - Welder, Combination, Maintenance 20.93 23965 - Well Driller 24.89 23970 - Woodcraft Worker 23.38 23980 - Woodworker 17.73 24000 - Personal Needs Occupations 24570 - Child Care Attendant 13.87 24580 - Child Care Center Clerk 17.30 24610 - Chore Aide 12.67 24620 - Family Readiness And Support Services Coordinator 14.25 24630 - Homemaker 19.21 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 28.06 25040 - Sewage Plant Operator 27.01 25070 - Stationary Engineer 28.06 25190 - Ventilation Equipment Tender 21.53 25210 - Water Treatment Plant Operator 27.01 27000 - Protective Service Occupations 27004 - Alarm Monitor 17.32 27007 - Baggage Inspector 15.39 27008 - Corrections Officer 27.21 27010 - Court Security Officer 27.55 27030 - Detection Dog Handler 19.61 27040 - Detention Officer 27.21 27070 - Firefighter 27.88 27101 - Guard I 15.39 27102 - Guard II 19.61 27131 - Police Officer I 29.43 27132 - Police Officer II 32.67 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 17.13 28042 - Carnival Equipment Repairer 17.97 28043 - Carnival Equpment Worker 14.67 28210 - Gate Attendant/Gate Tender 13.67 28310 - Lifeguard 11.94 28350 - Park Attendant (Aide) 15.29 28510 - Recreation Aide/Health Facility Attendant 11.17 28515 - Recreation Specialist 18.95 28630 - Sports Official 12.18 28690 - Swimming Pool Operator 20.98 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 27.18 29020 - Hatch Tender 27.18 29030 - Line Handler 27.18 29041 - Stevedore I 23.69 29042 - Stevedore II 25.77 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (2) 36.47 30011 - Air Traffic Control Specialist, Station (HFO) (2) 25.15 30012 - Air Traffic Control Specialist, Terminal (HFO) (2) 27.69 30021 - Archeological Technician I 16.92 30022 - Archeological Technician II 18.37 30023 - Archeological Technician III 25.52 30030 - Cartographic Technician 25.52 30040 - Civil Engineering Technician 24.06 30061 - Drafter/CAD Operator I 18.43 30062 - Drafter/CAD Operator II 21.41 30063 - Drafter/CAD Operator III 23.77 30064 - Drafter/CAD Operator IV 27.62 30081 - Engineering Technician I 17.77 30082 - Engineering Technician II 19.99 30083 - Engineering Technician III 24.15 30084 - Engineering Technician IV 27.76 30085 - Engineering Technician V 32.62 30086 - Engineering Technician VI 38.07 30090 - Environmental Technician 22.90 30210 - Laboratory Technician 21.67 30240 - Mathematical Technician 25.11 30361 - Paralegal/Legal Assistant I 21.14 30362 - Paralegal/Legal Assistant II 26.91 30363 - Paralegal/Legal Assistant III 32.98 30364 - Paralegal/Legal Assistant IV 39.71 30390 - Photo-Optics Technician 25.91 30461 - Technical Writer I 25.87 30462 - Technical Writer II 31.65 30463 - Technical Writer III 38.30 30491 - Unexploded Ordnance (UXO) Technician I 23.17 30492 - Unexploded Ordnance (UXO) Technician II 28.04 30493 - Unexploded Ordnance (UXO) Technician III 33.61 30494 - Unexploded (UXO) Safety Escort 23.17 30495 - Unexploded (UXO) Sweep Personnel 23.17 30620 - Weather Observer, Combined Upper Air Or Surface Programs (2) 23.77 30621 - Weather Observer, Senior (2) 26.95 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 16.40 31030 - Bus Driver 19.89 31043 - Driver Courier 16.72 31260 - Parking and Lot Attendant 10.97 31290 - Shuttle Bus Driver 17.75 31310 - Taxi Driver 15.21 31361 - Truckdriver, Light 17.75 31362 - Truckdriver, Medium 18.76 31363 - Truckdriver, Heavy 23.10 31364 - Truckdriver, Tractor-Trailer 23.10 99000 - Miscellaneous Occupations 99030 - Cashier 10.95 99050 - Desk Clerk 16.69 99095 - Embalmer 28.51 99251 - Laboratory Animal Caretaker I 16.32 99252 - Laboratory Animal Caretaker II 17.14 99310 - Mortician 30.19 99410 - Pest Controller 18.75 99510 - Photofinishing Worker 14.14 99710 - Recycling Laborer 15.57 99711 - Recycling Specialist 17.72 99730 - Refuse Collector 14.67 99810 - Sales Clerk 12.66 99820 - School Crossing Guard 14.67 99830 - Survey Party Chief 21.32 99831 - Surveying Aide 13.95 99832 - Surveying Technician 19.12 99840 - Vending Machine Attendant 15.86 99841 - Vending Machine Repairer 19.40 99842 - Vending Machine Repairer Helper 15.68 ________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
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Record: SN01794140-W 20090417/090415225241-892f8a5ef305b17cbfe8349232e08b2a (fbodaily.com)
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