PRESOL | R | Court Reporting Services

FBO DAILY ISSUE OF JUNE 03, 2009 FBO #2746
SOLICITATION NOTICE

R -- Court Reporting Services

Notice Date: 6/1/2009
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: DOJ-REQ-EOA04-9-0122
Archive Date: 6/23/2009
Point of Contact: Tony Russell, Phone: 202-307-1291, Andrew Payne, Phone: (202) 616-6434
E-Mail Address: tony.russell@usdoj.gov, andrew.payne@usdoj.gov
(tony.russell@usdoj.gov, andrew.payne@usdoj.gov)
Small Business Set-Aside: Total Small Business
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Executive Office for United States of Attorney’s (EOUSA) 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 Court Reporting Services. No later than 5:00 PM, Eastern Standard Time on Monday, June 8, 2009. Please provide this office with a price and technical proposal, to include proposed personnel resumes, to accomplish the work described in the attached Statement of Work. The selection process will consist of a Best Value source selection based on organizational past performance, organizational experience, key personnel and price. Under a Best Value source selection, non-price evaluation factors, when combined are significantly more important than price. However, EOUSA will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, EOUSA will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability with the marginal difference in price. Business Classification. This procurement is for other than Small Business and is for Full and Open competition. Proposals submitted in response to this RFQ will be received in the following manner: via regular mail, 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 2400 Washington, DC 20530 Attention: Tony Russell Email Address: tony.russell@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 Tony Russell by email at tony.russell@usdoj.gov SECTION A – STANDARD FORM (SF) 1449 The United States Attorney’s Office for the Southern District of Florida has a requirement for a Contractor to provide all labor, material and equipment except as provided herein, to record and transcribe GRAND JURY testimony and DEPOSITIONS on an Annual Basis, in accordance with the terms and conditions set forth in the attached statement of work. A.1. Blanket Purchase Agreement 1.1.1 Extent of Obligation. The Government is obligated under this BPA only to the extent of call(s) placed by authorized individuals against this agreement. The Contractor is cautioned that acceptance of calls from personnel other than those authorized herein, acting within the scope of their delegated authority, may jeopardize payment. 1.1.2 Individuals Authorized to Place Calls/Orders and Dollar Limitations When placing calls, all individuals authorized to place calls must have an obligating document established. The individuals authorized to place calls/orders under this Agreement, and the limits of their purchase authority, are shown below: UP TO AUTHORITY ORGANIZATION U.S. Attorney’s Office Attention: Sandra B. Ortiz 99 N.E. 4th Street Miami, FL 33132 1.1.3 The Department of Labor wage rates are applicable if the contractor anticipates using five or more employees to provide services under this procurement over the term of the BPA. 1.1.4 Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition services only, or both. 1.2 ADDITIONAL INFORMATION The Department of Justice may award multiple Blanket Purchase Agreements (BPAs) resulting from this Request for Quotation. A Contractor may be eliminated based on its prices, in comparison to other Contractor’s prices. The Government may also eliminate a Contractor based on Contractors past performance history and failure to provide documentation necessary to verify the acceptability of their court reporters. A Contractor shall provide the additional information listed below: 1.2.1 Qualifications of Proposed Staff – The Government reserves the right to request at any time the professional qualifications of Contractor personnel. This information will be used to ascertain the depth of relevant requisite training, skills and professional certification of personnel. 1.2.2 Past Performance – Provide (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, three (3) references must be provided for the subcontractor as well. References may be from commercial and federal/state Government contracts; however, similar support services performed for Federal Government customers generally will be considered more relevant than those done for commercial or state government customers. The following information is required for each reference: o Customer name and address. o Point of contact (name, title, telephone number, and fax number) for contractual/administrative matters (e.g., Contracting Officer) and technical performance (e.g., Contracting Officer’s Technical Representative). o Contract/Task Order number. o Total dollar value of the contract/order. If performed as part of a team, provide the dollar value of your firm’s contribution. o Period of contract performance. o Description of work performed. 1.2.3 Recording Method – The Contractor must clearly identify the contractor’s type of recording method and/or equipment that will be used for both grand jury and depositions. Failure to provide this information could affect the contractor’s ability to receive a contract award. SECTION B - SCHEDULE COMMERCIAL SERVICES AND PRICES B.1 SCHEDULE OF COMMERCIAL SERVICES AND PRICES The proposed Blanket Purchase Agreement (BPA) is presumed to be in effect for a sixty (60) month period from the date of issuance by the Government. Period of Performance: Year 1 – (July 22, 2009 through July 21, 2010) ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPTS 1001Original Regular TranscriptPG40,000 1002Original Intermediate TranscriptPG 4500 1003Original Daily TranscriptPG 7000 1004Original Special TranscriptPG 3000 1005Condensed Transcript (quarter page)PG 1006Key Word IndexingPG 1007Additional CopiesPG 300 1008CD-R (ordered with transcript)EA 1009Attendance FeeHR 1010Cancellation FeeEA ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE DEPOSITION TRANSCIPTS 1011Original Regular TranscriptPG25,000 1012Original Intermediate TranscriptPG 4,500 1013Original Daily TranscriptPG 7,000 1014Original Special TranscriptPG 3,000 1015Condensed Transcript (quarter page)PG25,000 1016Key Word IndexingPG25,000 1017Additional CopiesPG 300 1018CD-R (ordered with transcript)EA 500 1019Attendance FeeHR 1020Cancellation FeeEA TOTAL YEAR 1 $_______________ Period of Performance: Year 2 – (July 22, 2010 through July 21, 2011) ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPTS 2001Original Regular TranscriptPG40,000 2002Original Intermediate TranscriptPG 4500 2003Original Daily TranscriptPG 7000 2004Original Special TranscriptPG 3000 2005Condensed Transcript (quarter page)PG 2006Key Word IndexingPG 2007Additional CopiesPG 300 2008CD-R (ordered with transcript)EA 2009Attendance FeeHR 2010Cancellation FeeEA ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE DEPOSITION TRANSCIPTS 2011Original Regular TranscriptPG25,000 2012Original Intermediate TranscriptPG 4,500 2013Original Daily TranscriptPG 7,000 2014Original Special TranscriptPG 3,000 2015Condensed Transcript (quarter page)PG25,000 2016Key Word IndexingPG25,000 2017Additional CopiesPG 300 2018CD-R (ordered with transcript)EA 500 2019Attendance FeeHR 2020Cancellation FeeEA TOTAL YEAR 2 $_______________ Period of Performance: Year 3 – (July 22, 2011 through July 21, 2012) ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPTS 3001Original Regular TranscriptPG40,000 3002Original Intermediate TranscriptPG 4500 3003Original Daily TranscriptPG 7000 3004Original Special TranscriptPG 3000 3005Condensed Transcript (quarter page)PG 3006Key Word IndexingPG 3007Additional CopiesPG 300 3008CD-R (ordered with transcript)EA 3009Attendance FeeHR 3010Cancellation FeeEA ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE DEPOSITION TRANSCIPTS 3011Original Regular TranscriptPG25,000 3012Original Intermediate TranscriptPG 4,500 3013Original Daily TranscriptPG 7,000 3014Original Special TranscriptPG 3,000 3015Condensed Transcript (quarter page)PG25,000 3016Key Word IndexingPG25,000 3017Additional CopiesPG 300 3018CD-R (ordered with transcript)EA 500 3019Attendance FeeHR 3020Cancellation FeeEA TOTAL YEAR 3 $_______________ Period of Performance: Year 4 – (July 22, 2012 through July 21, 2013) ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPTS 4001Original Regular TranscriptPG40,000 4002Original Intermediate TranscriptPG 4500 4003Original Daily TranscriptPG 7000 4004Original Special TranscriptPG 3000 4005Condensed Transcript (quarter page)PG 4006Key Word IndexingPG 4007Additional CopiesPG 300 4008CD-R (ordered with transcript)EA 4009Attendance FeeHR 4010Cancellation FeeEA ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE DEPOSITION TRANSCIPTS 4011Original Regular TranscriptPG25,000 4012Original Intermediate TranscriptPG 4,500 4013Original Daily TranscriptPG 7,000 4014Original Special TranscriptPG 3,000 4015Condensed Transcript (quarter page)PG25,000 4016Key Word IndexingPG25,000 4017Additional CopiesPG 300 4018CD-R (ordered with transcript)EA 500 4019Attendance FeeHR 4020Cancellation FeeEA TOTAL YEAR 4 $ ___________ Period of Performance: Year 5 – (July 22, 2013 through July 21, 2014) ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE GRAND JURY TRANSCIPTS 5001Original Regular TranscriptPG40,000 5002Original Intermediate TranscriptPG 4500 5003Original Daily TranscriptPG 7000 5004Original Special TranscriptPG 3000 5005Condensed Transcript (quarter page)PG 5006Key Word IndexingPG 5007Additional CopiesPG 300 5008CD-R (ordered with transcript)EA 5009Attendance FeeHR 5010Cancellation FeeEA ITEMDESCRIPTIONUNITEST. QTYUNIT PRICEEXT. PRICE DEPOSITION TRANSCIPTS 5011Original Regular TranscriptPG25,000 5012Original Intermediate TranscriptPG 4,500 5013Original Daily TranscriptPG 7,000 5014Original Special TranscriptPG 3,000 5015Condensed Transcript (quarter page)PG25,000 5016Key Word IndexingPG25,000 5017Additional CopiesPG 300 5018CD-R (ordered with transcript)EA 500 5019Attendance FeeHR 5020Cancellation FeeEA TOTAL YEAR 5 $_________________ B.2 Scope The United States Attorney's Office in the Southern District of Florida has a requirement for Grand Jury Court Reporting Services. The Contractor shall provide all plant, labor, material and equipment except as otherwise provided herein to record and transcribes Grand Jury testimony and depositions in accordance with the terms, conditions set forth herein. U.S. Attorney's Office will be referred to as "USAO" and the provider of recording services will be referred to as "Contractor". For planning purposes, the following general information is provided: 1. Historically, the average number of Grand Jury proceedings per year for the USAO has been 780. 2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been 2. (District has 13 to 15 separate grand jury panels meeting regularly). 3. Historically, the average number of Depositions per year in Southern District of Florida has been 1,550. 4. The line items indicated below are line items that may be ordered throughout the duration of the contract on an as needed basis. 5. The contractor shall provide pricing for Miami, Ft. Lauderdale, and West Palm Beach Ft. Pierce, and Key West Florida. 2.1 Place of Performance The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are: • The location(s) where recordings may be required is (are) as follows: U.S. Courthouse United States District Court James Lawrence King Federal Justice Bldg. 99 N.E. 4th Street Miami, FL 33132 U.S. Courthouse United States District Court Wilkie D. Ferguson, Jr., Federal Bldg. 400 North Miami Avenue Miami, FL 33128 U.S. Courthouse United States District Court 299 East Broward Blvd. Ft. Lauderdale, FL 33301 U.S. Courthouse United States District Court 701 Clematis Street West Palm Beach, FL 33401 U.S. Courthouse United States District Court 300 S. 6th Street Ft. Pierce, FL 34950 U.S. Courthouse United States District Court 301 Simonton Street Key West, FL 33040 NOTE: Ft. Pierce and Key West Florida is on emergency basis only to include necessary compensation. In rare instances, recording and transcription may be required at other locations within 50 miles of the aforementioned locations. B.3 Specifications Incorporated by Reference The following documents of the exact issue shown form a part of this specification to the extent specified herein and are incorporated herein by reference. In the event of conflict between the documents referenced below and the contents of the specification, the contents of this specification shall be considered to be a superseding requirement. 3.1 DOJ Order 2640.2C entitled "Telecommunications and Automated Information Systems Security", dated June 25, 1993. 3.2 DOJ Residency Requirements, effective December 10, 2002. B.4 Requirement 4.1 Recording and transcription services shall be provided on an "as ordered" basis for: 4.1.1 Grand Jury Testimony and proceedings; 4.1.2 Taking depositions either under oath or informally; 4.1.3 Providing additional copies of testimony and depositions; 4.1.4 Providing special option material such as computer diskette transcripts, video depositions, compressed transcripts, and all-word indexing. 4.2 Deliverable Items The following items shall be delivered on an "as ordered" basis throughout the performance period of this Blanket Purchase Agreement. 4.2.1 Grand Jury: Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the time frames set forth below. All Grand Jury proceedings must conform to Volume VI (Court Reporter's Manual) of the Judiciary Policies and Procedures Guidelines. All Grand Jury transcripts will 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, number of grand jurors present and the name of the reporter (See 4.4 also). (a) Ordinary Transcript: Delivered within 30 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 24 hours after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.1.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.1, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. 4.2.1.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available and delivered by the Contractor when specified in the Call [order] Number. 4.2.1.3 Computer Diskettes 3½-inch, diskettes of transcripts, as specified in the task and delivery order, formatted in WordPerfect 5.1, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts. 4.2.1.4 Scheduling Court Reporter for Attendance at Grand Jury: (a) The USAO shall notify the Contractor of the requirements for attendance at Grand Jury at least five workdays before the scheduled session. At time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the necessary work. The Contractor is to perform no work unless first provided a Call [order], with the specified Call Number. (b) The Contractor shall reply verbally and/or in writing stating the name of the reporter who is to be in attendance upon receipt of the Call [order], with the specified Call Number authorizing the work to be done. In the event the Contractor notifies the USAO that the Call [order] cannot be met, the USAO may obtain court reporter services from a source other than the Contractor, without penalty. Any change to the reporter scheduled to take the minutes will be communicated to the USAO before commencement of the Grand Jury session. Only reporters who possess a current Grand Jury clearance may be authorized to attend or report Grand Jury proceedings or have access to Grand Jury material. (c) Cancellation Fee – In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm 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. 4.2.1.5 Ordering Grand Jury Transcripts: (a) When the USAO requires all or a portion of a Grand Jury testimony of a witness, a Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (b) Each Grand Jury witness' testimony shall be contained in a separate transcript. (c) All Grand Jury transcripts shall be accompanied by the appropriate Call [order], with the specified Call Number (d) When Grand Jury transcripts are not ordered, only appearance fees may be charged by the Contractor. 4.2.1.6 Delivery of Grand Jury Transcripts: All Grand Jury transcripts shall be hand delivered or mailed to the United States Attorney's Office in a sealed envelope addressed to the attorney(s) who requested the transcript with return receipt to: U.S. Attorney’s Office Attention: Sandra B. Ortiz 99 N.E. 4th Street Miami, FL 33132 4.2.1.7 Grand Jury Attendance Fees: The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled Grand Jury session. The minimum Grand Jury attendance fee payable for any Grand Jury session shall be four (4) hours. In the event a Grand Jury session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight (8) hours advance notice was not given by the USAO to the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.1.4(c), above.) 4.2.2 Depositions: An original and one (1) copy of the deposition shall be delivered within the time frames set forth below. In rare instances, sooner delivery may be necessary. (a) Ordinary Transcript: Delivered within 10 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 1 calendar day after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.2.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.2, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. Opposing counsel may request copies of transcripts, which are to be delivered and billed to opposing counsel at the rates specified in this contract. 4.2.2.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available by the Contractor when specified in the Call [order], with the specified Call Number. 4.2.2.3 Video Taped Depositions Video taped depositions shall be provided when requested on the Call [order], with the specified Call Number. The assigned Call [order], with the specified Call Number shall specify whether the videotaped deposition is in lieu of or in addition to the typed transcript. 4.2.2.4 Computer Diskettes 3½-inch, diskettes of transcripts, as specified in the Call [order], with the specified Call Number, formatted in WordPerfect 5.1, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts. 4.2.2.5 Scheduling Depositions: (a) USAO shall notify the Contractor of the requirements for attendance at a deposition at least five work days before the scheduled session. At the time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the appearance and necessary work. A Call [order], with the specified Call Number are to set forth the date, place, time, and title of the deposition. The Contractor is to perform no work unless first provided the Call [order], with the specified Call Number. (b) The Contractor shall reply verbally or in writing stating the name of the reporter scheduled to be in attendance. In the event the Contractor notifies the USAO that the Call [order], with the specified Call Number, cannot be met, the USAO may obtain court reporter services elsewhere without penalty. Any change will be communicated to the USAO prior to the session. (c) Cancellation Fee – In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm 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 deposition transcripts and the reporter actually appears at the original time and place designated. 4.2.2.6 Ordering Deposition Transcripts: When the USAO requires the testimony of a deponent, Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (a) Each deponent’s testimony shall be contained in separate transcript. (b) All transcripts shall be accompanied by the Call [order], with the specified Call Number on the invoice. 4.2.2.7 Deposition Attendance Fees: The Contractor shall be compensated at an hourly rate for each hour the appointed reporter appears at a scheduled deposition. The rate shall be payable in one-quarter hour increments in excess of flat hours. The minimum attendance fee payable for any deposition shall be one (1) hour. In the event a deposition session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight hours advance notice was not given the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.2.5(c), above.) 4.2.2.8 Delivery of Transcripts: Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number. 4.2.2.9 Processing Witness Certificates: If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript. 4.2.2.10 Travel and Per Diem Reimbursements: For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation. 4.3 Recording Requisites 4.3.1 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, by Steno mask. 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) Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows: • The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice. • The equipment shall contain simultaneous playback, listening, and preamplification. (3) 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. (4) 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. 4.3.2 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting composition of the record, adjournment to other times or places, and matters of such character. 4.3.3 Depositions under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, 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. The reference cited above is part of Title 28, United States Code, which is available for review in public libraries. 4.3.4 Everything spoken pertaining to the subject matter shall be reported, unless the Presiding Official directs otherwise. 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. 4.3.5 All notes, records, documentary exhibits, and any other material, which are 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 agreed. 4.3.6 Each reporter shall attach his official certification to the original notes or other records so recorded in Grand Jury proceedings as follows: CERTIFICATE I certify that these are the original notes and records recorded by me of the testimony taken And the proceedings held in the case of United States v. ___________ beforethe Grand Jury Held in United States District Court, _____________District of _________ on ___________ _________ _________________ Date Official Reporter _________ _________________ Date Official Reporter 4.3.7 The reporter shall attach his official certification to the original notes or other records so recorded in deposition proceedings as follows: STATE OF _________) ) ss COUNTY OF ______________) I, a Court Reporter and Notary Public duly qualified in and for the State of __________ do hereby certify there came before me the deponent herein, namely ______________, who was by me duly sworn to testify to the truth and nothing but the truth concerning the matters in this case. I further certify the foregoing transcript is a true and correct transcript of my original stenographic notes. I further certify that I am neither attorney nor counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken; and furthermore, that I am not a relative of employee of any attorney or counsel employed by the parties hereto or financially interested in the action. IN WITNESS WHERE OF, I have hereunto set my hand and affixed my Notarial Seal this _____ Day of ___________, 200____. _________________________________ Notary Public for ___________________ CSR#___________________ 4.4 Transcript Format 4.4.1 A separate transcript will be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury or deposition date, time of the commencement of the proceeding for that particular witness or deponent, docket number, place, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the transcript, and shall be followed by a page of distinctive color indexing exhibits where applicable. 4.4.2 Pagination of transcripts shall be a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc.; and pagination of the transcript of a hearing shall follow consecutively the pagination of the last previous hearing in the same case. 4.4.3 The Contractor shall provide clear and legible copies to the USAO. 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. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.4 All transcripts shall be prepared 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. Recording shall be typed on paper 8-½ inches x 11 inches in size, with a margin of 1-3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 characters per inch, double space, 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. Whenever testimony is continuous, requiring more than one line, typing shall begin as close as possible to the left ruled marginal line, words properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at a full-page rate. No payment will be made for an excess of 25 lines per page. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.5 Exhibits admitted in evidence shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, or pursuant to the direction of the Presiding Official. 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. 4.4.6 The original of any transcript furnished shall be authenticated by the Official Reporter by a certificate page in form to be approved by the COTR, substantially as follows: This is to certify that the attached proceedings before the ___________ in the matter of: (Docket Number) (Place of Proceedings) (Date of Proceedings) were held as herein appears, and that this is the original transcript thereof. /s/ Signature typed Official Reporter Charge for either this certification page or any index page used. 4.5 Availability/Sale of Transcripts 4.5.1 Recording of proceedings will be transcribed by the Contractor only when directed by the Presiding Official or the duly authorized representative of the Department of Justice ordering office. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available or sold to the public without express consent of the Presiding Official. 4.5.2 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. However, it is contemplated that the Contractor will perform this function when authorized at a price, which does not exceed the price to the Government for "additional copies" set forth in the Schedule of Items/Prices. Strict observance shall be given to all provisions of the contract in regard thereto and shall be between the purchasers and the Contractor, and the Contracting Officer shall exercise no control there over; except in cases or acts by the Contractor contrary to the specifications or terms of this contractual agreement. 4.6 Retention of Recorded Materials - (Applicable only to materials recorded but not immediately transcribed). The Contractor shall surrender notes and recorded materials to the United States Attorney’s Office for retention. 4.7 Security Requirements 4.7.1 Personnel Security 4.7.1.1 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. 4.7.1.2 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. 4.7.1.3 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. 4.7.1.4 In the event the USAOs is unable to obtain security approval 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. 4.7.1.5 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. 4.7.2 Required Security Investigation 4.7.2.1 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. 4.7.2.2 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 www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.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. 4.7.2.3 Types and Numbers of Background Investigations Work performed under this BPA will fall within one or more of the risk categories defined paragraph 4.7.2.2. 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 BPA. The Contractor will not be permitted to commence performance under the BPA 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 BPA, 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. 4.7.2.4 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 SPM, 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. 4.7.2.5 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. Title and Number of Form No. of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For 2 Public Trust Positions 4.7.2.6 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 BPA 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 BPA, the applicant must be disqualified from assignment on the BPA. 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 BPA: (a) 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. (b) Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints. (c) 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. (d) Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. 4.7.2.7 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). 4.7.2.8 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 BPA. 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) 4.7.2.9 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. (a) The nature, extent and seriousness of the conduct. (b) The circumstances surrounding the conduct, to include knowledgeable participation. (c) The frequency and recency of the conduct. (d) The individual’s age and maturity at the time of the conduct. (e) The voluntaries of participation. (f) The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. (g) The motivation for the conduct. (h) The potential for pressure, coercion, exploitation or duress. (i) The likelihood of continuation or recurrence. 4.7.2.10 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 BPA falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this BPA. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. 4.7.2.11 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 working on the BPA and is determined to be ineligible, he or she will be removed from the call order. 4.7.212 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 BPA, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). 4.7.2.13 The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. 4.7.2.14 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. 4.7.2.15 Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held monetarily 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. 4.7.2.16 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. 4.7.2.17 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. 4.7.3 Protection of Grand Jury Information 4.7.3.1 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 Procedures, 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. 4.7.3.2 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 USAO. 4.7.3.3 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. 4.7.4 Contractor Physical Security Requirements 4.7.4.1 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: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practicable 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. 4.7.4.2 An Intrusion Detection System (IDS) must be installed connected to a central station at the Contractor’s facility or the facility of a subcontractor who monitor the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of 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 area concerned. 4.7.4.3 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. 4.7.4.4 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. 4.7.4.5 If the contractor is unable to provide the required physical security in his/her workplace, a work area and storage space for Grand Jury transcript processing will be provided at the USAO. 4.7.5 Information Technology 4.7.5.1 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. 4.7.5.2 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. 4.7.5.3 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. 4.7.5.4 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. 4.7.5.5 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. 4.7.5.6 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. 4.7.5.7 All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. 4.7.5.8 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. 4.7.5.9 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. 4.7.6 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. • 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. • 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. 4.7.7 Disposition 4.7.7.1 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. 4.7.7.2 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. 4.7.8 Reports 4.7.8.1 The Contractor shall submit immediately, in writing, to the Contracting Officer and the USA the following reports: 4.7.9 Unauthorized Entry 4.7.9.1 A report on any information coming to their attention concerning unauthorized entry (actual, attempted, or threatened) at the facilities where work for the USAO is performed. 4.7.9.2 A report on any loss, compromise, or suspected compromise of Grand Jury transcripts, notes or other related material. 4.7.9.3 Any change of ownership, including stock transfers that affect the control of the corporation. 4.7.9.4 Change of operating or address of the facility. 4.7.9.5 A report of any change during the performance of the contract in location, including the creation of any new areas requiring approval of the USA. 4.7.9.6 A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard. 4.7.10 Rights of Egress and Ingress 4.7.10.1 During the life of this contract, the rights of ingress to and egress from the Department of Justice facility for the Contractor's representatives shall be made available as required. During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the Department of Justice facility. 4.7.11 Building Access Passes 4.7.11.1 When any Contractor or subcontractor personnel enters a DOJ building for the first time, the Contractor shall allow one hour for security processing and the fabrication of buildings access passes. Passes shall be subject to periodic review by the Contractor's supervisor and checked against the employee's personal identification. The Contractor's employees shall present themselves for the issuance of renewed passes when required by the Government as scheduled by the COTR or his/her designee. The Contractor shall notify the COTR when employee passes are lost, and must immediately apply for reissuance of a replacement pass. It is the Contractor's responsibility to return passes to the COTR or his/her designee when a Contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract. 4.7.12 Right to Remove Individual Reporter 4.7.12.1 It shall be an absolute right of the Government to inform the Contractor through the Contracting Officer of the unacceptableness of specific court reporters for grand jury work. The failure of the Contractor to provide a court reporter other than one designated acceptable by the Government shall provide a basis for the Government's decision to obtain court- reporting services from another source. The Contractor agrees to insert, in all subcontracts hereunder, language, which shall conform substantially to the language of this clause, including this paragraph. 4.8 Special Security of Media Materials 4.8.1 If, during the contract performance period, any removable hard drives (or fixed hard drives in laptop computers) used in conjunction with this contract become defective, the fixed drive(s) shall be removed and surrendered to the Department of Justice for destruction. The Government will not compensate the Contractor for costs of any defective fixed drives. 4.8.2 At the conclusion of the contract period, all media materials (i.e. floppy disks, cassette or magnetic tapes, stenographic and hand-written notes, typewriter ribbons, etc.) used in conjunction with this agreement shall be surrendered to the Department of Justice for destruction. Any Contractor's media material, which becomes defective during the contract performance period, shall be immediately surrendered to the Department of Justice for destruction. The Government will not compensate the Contractor for the costs of these media materials. 4.8.3 At the conclusion of the contract period, the Contractor shall provide access to any and all removable hard drives and all computers containing fixed drives utilized in conjunction with this contract. The Government reserves the right to sanitize these fixed drives for security purposes. 4.8.4 Shipping charges for media material surrendered to the Department of Justice, pursuant to this subpart 4.8 shall be prepaid by the Contractor and invoiced by the Contractor. 4.8.5 Contractor must destroy, by cross shredding, burning, or mulching, all waste documents associated with any Grand Jury proceeding. The Contractor may elect to transfer Grand Jury waste documents to the USAO for destruction. 4.8.6 Laser printer toner cartridges used to prepare or edit Grand Jury transcripts and are to be discarded or recharged must be sanitized using the method currently prescribed by EOUSA Security Programs Staff. The Information Technology Security Staff would prescribe the approved method of sanitizing office automation equipment before the cartridge may be recharged or discarded. Laser printer toner cartridges must also be sanitized upon expiration of this contractual agreement. 4.8.7 Spent carbon single or multi-strike typewriter ribbons used in preparation or edit of Grand Jury transcripts must be surrendered to the Department of Justice for destruction. 4.8.8 Contractor is authorized to utilize General Services Administration Federal Supply Schedule purchases to comply with the security requirements set forth in this contract. SECTION C - CONTRACT CLAUSES C.1 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 (Oct 2008) (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— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (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. 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. Updatinginformation in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (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 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 of the FAR; (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. 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 FAR 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. 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) C.2 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (4) 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). ___ (5) [Reserved] ___ (6) (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. ___ (7) (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. _X__ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (12) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). ___ (17) 52.222-3, Convict Labor (June 2003)(E.O. 11755). ___ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X__ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (20) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). _X__ (21) 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__ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). ___ (23) 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). ___ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (25) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (26) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (28) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (29) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). ___ (30) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Feb 2009) (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 109-169). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (32) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (35) 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)). ___ (36) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (38) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (39) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (41) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). ________________________________________________ (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iv) 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). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vi) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (ix) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xi) 52.222-54, Employment Eligibility Verification (Jan 2009). (xii) 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) C.352.217-8 – Option to Extend Services. As prescribed in 17.208(f), insert a clause substantially the same as the following: 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 [insert the period of time within which the Contracting Officer may exercise the option]. (End of Clause) SECTION D. ATTACHMENTS D.1 Contractor Residency Requirement Information All Contractor employees assigned to this contract and working 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. This requirement can be waived for short-term (i.e., those employees performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized or unique skills (for example, interpreters for rare foreign languages). These individuals must be United States citizens or Permanent Resident Aliens. A waiver request from the head of the Component outlining the extenuating circumstances along with the requisite Contractor clearance package shall be submitted through the Contracting Officer’s Technical Representative (COTR) to the Department Security Officer (DSO) for approval. Each waiver request will be reviewed by the DSO and a determination made on a case-by-case basis. Additionally, a Contractor employee who is not a U.S. citizen must be from a country allied with the United States. Since the countries on the Allied Countries List are subject to change, the head of the Component shall review the following website for current information: http://www.opm.gov/employ/html/Citizen.htm. D. 2 Continuing Contract Performance During a Pandemic Influenza or other National Emergency 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. SECTION E. SOLICITATION PROVISIONS E.152.212-1 — Instructions to Offerors — Commercial Items. As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors — Commercial Items (Jun 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. I 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 I 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 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) 697/2197, 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 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 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 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 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) E.252.212-2 -- Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 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: 1. Organizational Past Performance 2. Organizational Experience 3. Key Personnel 4. Price ___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) past performance (see FAR 15.304); (iii) price; (iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Non-Price evaluation factors, when combined, are significantly more important when price.. [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) E.352.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (Feb 2009) An offeror shall complete only paragraphs (b) 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 (c) through (m) 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. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “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) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications 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 (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this 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.] (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, Subpart 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. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (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.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “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.” (2) 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 for other than COTS items,the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” 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 Bahrainian or 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 Bahrainian or 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” 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 Responsibility Matters (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; (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, violating Federal criminal tax laws, 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 enumerated in paragraph (h)(2) of this clause; and (4) * Have, *have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (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 Product:Listed 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 in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) 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 (l)(3) through (l)(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 ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (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: (iii) 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, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/JMD/EOUSA-FMSS/DOJ-REQ-EOA04-9-0122/listing.html)
Place of Performance: Address: U.S. Courthouse, United States District Court, James Lawrence King Federal Justice Bldg., 99 N.E. 4th Street, Miami, FL 33132, U.S. Courthouse, United States District Court, Wilkie D. Ferguson, Jr., Federal Bldg., 400 North Miami Avenue, Miami, FL 33128, U.S. Courthouse, United States District Court, 299 East Broward Blvd., Ft. Lauderdale, FL 33301, U.S. Courthouse, United States District Court, 701 Clematis Street, West Palm Beach, FL 33401, U.S. Courthouse, United States District Court, 300 S. 6th Street, Ft. Pierce, FL 34950, U.S. Courthouse, United States District Court, 301 Simonton Street, Key West, FL 33040, NOTE: Ft. Pierce and Key West Florida is on emergency basis only to include necessary compensation., Miami, Ft. Lauderdale, West palm Beach, Ft. Pierce, Key West, Florida, 33132, United States; Zip Code: 33132
Record: SN01832747-W 20090603/090601235336-f7ea2c661f7885b3fd72d84496ce63bb (fbodaily.com)
Source: FedBizOpps Link to This Notice
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