MOD | R | Environmental, Health and Safety Consulting - Amendment 1

FBO DAILY ISSUE OF FEBRUARY 10, 2011 FBO #3365
MODIFICATION

R -- Environmental, Health and Safety Consulting - Amendment 1

Notice Date: 2/8/2011
Notice Type: Modification/Amendment
NAICS: 541620 — Environmental Consulting Services
Contracting Office: U.S. Department of State, Office of Logistics Management, Acquisition Management, P.O. Box 9115, Rosslyn Station, Arlington, Virginia, 22219
ZIP Code: 22219
Solicitation Number: SAQMMA11R0041
Archive Date: 3/12/2011
Point of Contact: Rosalind M. Hicks, Phone: 703-875-7264, JoAnn B Carroll, Phone: 703-875-6038
E-Mail Address: hicksrm2@state.gov, carrolljb@state.gov
(hicksrm2@state.gov, carrolljb@state.gov)
Small Business Set-Aside: Competitive 8(a)
Description: Solicitation Questions And Answers Amendment to Solicitation SAQMMA11R0041 SF Form 30 - Amendment A001 ***THIS IS AN 8(a) COMPETITIVE SET ASIDE **** This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is SAQMMA11R0041 and is issued as a request for proposal (RFP). This acquisition is 100% competitive set aside for 8(a) concerns. The associated National American Industrial Classification Standard (NAICS) code for this procurement is 541620. All interested offerors should review the below requirements and submit a proposal in accordance with section 52.212-1 as stated below. The Government intends to award a single Indefinite Delivery-Indefinite Quantity (IDIQ) type contract for Performance-based contracting, as defined in FAR 37.101, and, means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or based on broad and imprecise statements of work. Task Orders written under this IDIQ contract will be firm-fixed for the U.S. Department of State (DOS), Bureau of Administration Office of Logistics Management (A/LM). The base period of performance will be one year from date of award with four one-year options. This Facility Management Services acquisition will provide Environmental, Health & Safety consulting services to support the Domestic Environmental and Safety Division. The Request for Proposal (RFP) will require submission of a technical proposal and price proposal. Evaluations and award will be on the lowest price technically acceptable offeror. All questions concerning the Request for Proposal shall be received on or before 2 pm EST on Friday, February 4, 2011. Please submit questions related to the solicitation to Ms. Rosalind Hicks via email @ hicksrm2@state.gov. NO phone calls will be accepted. Proposals should be received by 2 pm, EST on Friday, February 25, 2011.in accordance with section 52.212-1 in order to be considered for this award. See Section 1 - Pricing, attached SECTION 2 - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT TYPE OF CONTRACT The Government contemplates award of a Fixed-Price, Indefinite Delivery Indefinite Quality (IDIQ) contract for this requirement. The obligation of funds for the performance of services under this contract will be affected by the issuance of task orders. MINIMUM AND MAXIMUM CONTRACT AMOUNTS--INDEFINITE QUANTITY CONTRACT (a) Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below. If this contract contains options, the minimum for each option shall apply separately and independently to that option. Base = Total amount of CLIN's 0001, 0002, and 0003 Option 1= Total amount of CLIN's 1001, 1002, and 1003Option 2= Total amount of CLIN's 2001, 2002, and 2003 Option 3= Total amount of CLIN's 3001, 3002, and 3003 Option 4= Total amount of CLIN's 4001, 4002, and 4003 (b) The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to tiny_mce_marker________________ (to be inserted at contract award) Introduction The U.S. Department of State (DOS) requires Environmental, Health and Safety (EHS) consulting services to support the Domestic Environmental and Safety Division (DESD). The selected contractor shall be responsible for providing a broad range of environmental, occupational health and safety, and fire and life safety services for the DOS domestic facilities. Most of the work shall be performed in the Metropolitan Washington, DC area, with some travel to other domestic locations. The selected Contractor shall provide part and full time experienced environmental and occupational health and safety personnel as well as specialized personnel on a periodic basis to assist with asbestos and hazardous material abatement oversight, specialized projects, investigations, risk assessments, and other EHS related services. The contractor shall maintain a staff of key professionals and consultants sufficient to perform the requirements of this contract. The contractor's staff shall be available to function as consultant experts and perform functions related to environmental, occupational health and safety, and fire and life safety services, including ergonomics, indoor air quality and building systems evaluations. The contractor shall also provide support for OSHA Voluntary Protection Programs (VPP), U.S. Green Building Council Leadership in Energy & Environmental Design (LEED), and other quality assurance programs. SCOPE OF WORK The purpose of this contract is to obtain assistance for the U.S. Department of State (DOS), in the creation, management, and oversight of the DOS environmental, occupational health and safety, and fire and life safety programs and to assist with the day-to-day operations of the Domestic Environment and Safety Division (DESD). Towards this end, the contractor shall provide the technical staff required to develop, implement and evaluate DOS domestic internal programs and provide accurate assistance and advice to the DESD staff in accordance with the Occupational Safety and Health Act of 1970, Executive order 12196, and 29 CFR 1960, "Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters." The technical staff shall implement DESD's internal policies, plans, practices, and procedures in support of the DOS workplace safety and occupational health goals and mission. To accomplish these goals, the contractor will be responsible for full and/or part-time staff to supplement DESD staff, providing qualified asbestos personnel on an as-needed basis, and contracting with specialized EHS companies on an as-needed basis for highly specialized or technical special projects. Specific Requirements Supplemental Environmental and Occupational Health and Safety Personnel (CLIN #'s 0001, 0002, 0003, 0004, 0005, 1001, 1002, 1003, 1004, 1005, 2001, 2002, 2003, 2004, 2005, 3001, 3002, 3003. 3004, 3005, 4001, 4002, 4003, 4004, 4005). The selected Contractor shall be responsible for providing a combination of part-time and full-time staff to supplement DESD's staff. Currently, DESD uses 7,625 annual labor hours (a combination of full time and part-time personnel) to carry on the daily functions of the division. Although not guaranteed, this level of contractor support is expected to continue for the foreseeable future, up through the life of this Contract. Currently, approximately 1,200 annual hours are devoted to environmental issues and approximately 6,425 annual hours are devoted to occupational health and safety issues. In addition, the Contractor may also be required to provide supplemental staff in the areas of energy conservation/management and fire and life safety. In general, Contractor personnel shall be responsible for conducting the following generalized services, including, but not limited to: ● developing and implementing a variety of the EHS Management Programs;. researching and interpreting federal and state EHS regulations and guidelines; • meeting with and/or providing EHS training to affected organizations and individuals; • collecting, sampling, monitoring, and interpreting EHS-related data; • conducting EHS audits, inspections, and investigations of facilities and processes; • performing construction and project safety reviews; • preparing technical reports, letters, and memorandum; and, ● accomplishing other EHS-related work deemed necessary. From an Environmental Perspective, the Contractor's supplemental Environmental and Occupational Health & Safety Personnel shall be responsible for providing a broad-range of services, including, but not limited to: Environmental Compliance Facility Audits Identification of Findings of Noncompliance Development of Corrective Action Recommendations and Associated Cost Estimates Recycling Program Support to include Data Management Environmental Analyses in Support of NEPA ComplianceEnvironmental Sustainability Technical Support and Training Storage Tank Management Support and Training Fuel System Compliance Assessments; Fuel System Technical Support and Training Assessment of Developing and Emerging Technologies Hazardous Waste Disposal Support Green Building & LEED Technical Support Other Environmental Services From an Occupational Health and Safety Perspective, the supplemental staff shall be responsible for providing a broad-range of services, including, but not limited to: Office and Warehouse Ergonomics Warehouse Safety Ventilation System Assessments Indoor Air Quality Surveys and Evaluations Accident Reporting & Investigations Laboratory Services OSHA VPP Risk Management Services Fleet and Motor Vehicle Safety Construction Safety Reviews Hazardous Noise Preparing Safety Newsletter Articles Confined Space Lockout/Tagout Ionizing and Nonionizing Radiation Personal Protective Equipment Evaluations Evaluating Developing Technologies Fall Protection HAZMAT Abatement Planning and Oversight Bloodborne Pathogens Materials Handling Mail Safety Air Monitoring Services Other Health and Safety Services Specialized Services (Associated CLIN 0006, 1006, 2006. 3006. 4006) for reimbursable work authorization for studies, investigations, support services, etc. that are not a part of Basic Services/Supplemental Staff. In addition to the requirement for the Contractor to provide Environmental and Occupational Health and Safety Personnel, the selected Contractor shall be responsible for providing specialized personnel on a periodic basis to assist with specialized projects, investigations, risk assessments, and other environmental health and safety (EHS) related services. These specialized services may include a multitude of services that include, but are not limited to the following: •Building decontamination services, such as chemical, biological, or radiological contamination •Building restoration services for water intrusion events •Spill response or other environmental mitigation services •Sampling, testing, and analysis of water, soil, or other media for characterization •Specialized risk assessment/management services, such as mail safety, fleet safety, continuity of operations planning, etc. •Root cause accident/incident investigations, such as fatality investigations, fire or sprinkler accidents, battery or electrical system failures, hazardous materials spills, etc. •Highly specialized construction safety issues, such as crane safety, structural assessments, commissioning of critical systems, HAZMAT abatement, etc. •Registered Sanitarian services for kitchens, cafeteria's, and other sanitation issues •Energy audits and cost/benefit analysis •Fire protection engineering •Any other EHS-related services deemed necessary Specialized services shall be completed on a task order basis. In many cases, the DOS will require that these specialists have appropriate certifications, credentials and/or licenses to perform this work. The Contractor need not have all these specialized disciplines on-staff, though must demonstrate to the DOS that they have existing relationships with these types of specialists to ensure their services are readily available and easily obtainable in case of an emergency or in the event the need arises. It is anticipated that asbestos abatement oversight will be conducted in-house more frequently, so the Contractor needs to demonstrate that they have qualified staff available to support requests for abatement oversight during evenings and weekends. Other Support. (Associated CLINs 0007, 1007, 2007, 3007, 4007); Reimbursable work authorization for equipment, material and travel related costs). These CLINs are intended to serve as a mechanism to rent specialized monitoring equipment (such as Dosimeters, light meters, and other EHS equipment), arrange for analytical laboratory services, purchase other EHS-related materials and supplies, and pay for travel-related costs for Contractor personnel. The Contractor must demonstrate that they have existing relationships with vendors of rental equipment and analytical laboratories so DESD can immediately obtain these services when necessary. The Contractor will be reimbursed for these other direct costs in accordance with the terms of this agreement. KEY PERSONNEL REQUIREMENTS A. Contractor Employees The selected Contractor shall be responsible for providing a combination of part-time and full-time Environmental and Occupational Health and Safety Personnel to supplement DESD's staff. B. Qualifications of Personnel The Contractor shall employ or have relationships with qualified personnel according to the categories listed below to conduct the services required under this Scope of Work. Although proposed Contractor personnel may meet the qualifications presented below, the DOS has sole discretion to determine if proposed personnel will be acceptable to complete the services requested. The DOS will make this determination by reviewing resumes and certifications, interviewing prospective personnel, and checking references to ensure personnel will satisfy the DOS requirements. Labor Categories and Education Experience Senior EHS Specialist -BS or advanced degree in engineering, science, or other related scientific discipline from an accredited university. 15 years directly related experience, or 10 years directly related experience with an advanced degree or applicable board certification. Mid EHS Specialist - BS or advanced degree in engineering, science, or other related scientific discipline from an accredited university. 10 years directly related experience, or 7 years directly related experience with an advanced degree or applicable board certification. Junior EHS Specialist- BS or advanced degree in engineering, science, or other related scientific discipline from an accredited university. 3 years directly related experience, or 2 years directly related experience with an advanced degree or applicable board certification. Asbestos Project Monitor - High School Degree or GED Current USEPA Accreditation as an Asbestos Supervisor or Project Designer and 1 year directly related experience Asbestos Technician- High School Degree or GED 1 year directly related experience Acceptable board certifications include Certified Environmental Manager, Certified Industrial Hygienist, Certified Safety Professional, or Professional Engineer. Other board certifications must be approved in advance by the Contracting Officer's Representative. Education, experience and labor rates for other EHS specialists to be used for special studies/investigations/support will be determined on a case-by-case basis prior to the work being performed. Rates and qualifications will be negotiated with the Contractor and Contracting Officer and/or Contracting Officer's Representative. C. Identified Key Personnel The following key personnel have been identified. Based on the current contract workload, the following current full-time equivalents (FTEs) for each program area are identified. (1) (a) Special Programs (Senior EHS Specialist - 1 FTE: 2,000 hours) This position is responsible for identifying and mentoring facilities that can qualify for EHS-management systems or recognition programs, such as OSHA VPP, Green Globes, LEED, or state equivalent programs. This position must be filled with someone that has direct experience mentoring sites on one or more of these programs. Hazard assessments, training, and outreach support to DOS sites outside the Washington, DC metropolitan area is a function of this position. This position provides occupational safety and health expertise to the LEED efforts within the DoS. Updating the DOS DESD website content to ensure information is available and up-to-date is also a requirement of this position. (1) (b) Quality Assurance (Senior EHS Specialist - ½ FTE: 1,000 hours) This position is responsible for providing specialty expertise and conduct research as needed in areas including but not limited to indoor air quality, analytical laboratory support, industrial hygiene, and chemical assessments, including the appropriate collection methodologies. This position also provides quality assurance and occupational safety and health oversight for facilities contracts and GSA leases, including evaluation of requirements, applicability to DOS operations, and provision of appropriate life safety, fire safety and uniform building code requirements. This position is responsible for the preparation and editing of the quarterly EHS newsletters. (2) Industrial Hygiene and Safety (Senior EHS Specialist - 1 FTE: 2,000 hours) This position is responsible for identifying, monitoring, and providing recommendations for the resolution of a broad-range of industrial hygiene and safety issues that may be encountered at domestic DoS facilities with minimal oversight and direction. Expertise for this position includes but is not limited to indoor air quality evaluations, working aloft and fall protection, electrical safety, including NFPA 70E, occupational exposure assessments, asbestos oversight, including OSHA and EPA requirements and abatement protocols, and building demolition and construction safety. Developing, enhancing, and/or modifying work processes, equipment, operations, and protective devices to minimize injury to employees, contractors, and DOS property is a responsibility of this position. (3) Environmental Support (Senior EHS Specialist - ½ FTE: 1,000 hours) This position provides environmental expertise, with minimal direction and oversight. Proficiency in this position includes but is not limited to wastewater and water pollution management, spill prevention, control, and countermeasure (SPCC) programs, hazardous waste, and underground storage tanks (UST). This position manages the DOS recycling program. Thanks to employee support in 2009, the DOS recycled about 295 metric tons of materials, over 4,600 toner cartridges, and nearly 12,000 lamps from domestic DOS facilities. Permits, licenses, applications, and records ensuring compliance with federal and state environmental requirements are administered by this position. (4) Ergonomics and Industrial Hygiene (Mid EHS Specialist - 1 FTE: 2,000 hours) This position is responsible for the development and management of the DOS ergonomics program. In accordance with consensus guidelines, this position consults with Bureau staffs, Senior Managers and employees to provide direction on ergonomic issues, to reduce the number and severity of musculoskeletal injuries. This position includes coordination with architects, designers and project managers to provide ergonomics recommendations for the design of new facilities and renovations. The development of course and training materials as well as the performance of worksite assessments by this position facilitates the reduction of ergonomic risk factors in the work place. In addition, this position provides industrial hygiene support, including indoor air quality, chemical assessments, biohazard control, and CBRN incident response. (5) Engineering Support (Senior EHS Specialist - 1/5 FTE: 400 hours) This position requires a licensed professional engineer to provide on-site support to the DOS approximately 1 day a week. Such support includes but is not limited to building and commissioning plan review, mechanical and ventilation operational assessments, indoor air quality investigation support, energy use and conservation, and construction and demolition plan review. Ensuring that new and renovated spaces and equipment meet Federal requirements including OSHA and NFPA life safety code is included in this position. (6) Asbestos Project Monitor (On As-Needed Basis) This position will be used on an as-needed basis when DESD is conducting asbestos project monitoring in-house. All projects must be overseen by an Asbestos Project Monitor who has experience monitoring asbestos abatement projects. Although an asbestos industrial hygiene technician can conduct air sampling and inspections, the project monitor must approve the containment prior to asbestos removal and conduct the final clearance inspections. The Project Monitor must visit the site daily when asbestos removal activities are taking place. QUALITY CONTROL PLAN (QCP) The Contractor shall be responsible for Quality control. It shall ensure compliance with contractual requirements by establishing and maintaining an efficient Quality Control Program (QCP). The Contractor's QCP shall include a surveillance and inspection plan covering all of the (QCP) and all contract services. This plan, titled Contractor's Quality Control Plan shall: (a) Demonstrate a clear and distinct understanding and appreciation of the need for quality control, and its direct relationship to, and effect upon, operational and functional performance under the contract. (b) Identify the duties and tasks to be evaluated or inspected on unscheduled basis, frequency of evaluation and the title of the individual(s) who will carry out the evaluation. These personnel shall not be subordinate to the supervisors or managers of the area of work surveyed. (c) Identify training courses, staff development procedures and management review processes and standard for employee performance. (d) Set forth the method of identifying the deficiencies in the quality of services performed before the level of service becomes unsatisfactory. (e) Retain a file of all evaluations conducted by the Contractor for the duration of the contract. The file shall include, but is not limited to analytical summaries, source inspection reports, evaluation reports, failure reports, quality assurance audit reports, and corrective action requests or reports. Supporting documentation shall be retained with the file. This file shall be made available upon COR request. Advance notice is not required. The Government sign off shall not be conducted as acceptance of or approval of services. PHASE-IN AND PHASE-OUT SERVICE AND PLANS CONTRACTOR PHASE-IN VISIT AND PLAN All costs associated with the phase in of personnel shall be assumed by the Contractor and shall be included in Section 1 - Pricing CLIN'S. When applicable, up to thirty (30) days prior to the performance start date of the contract, the Contractor shall bring their employees to the sites to become familiar with building access and egress. The purpose of this phase-in period is to allow the Contractor the opportunity to make necessary preparations to ensure uninterrupted performance. The Contractor shall develop and submit, within their Technical Proposal, a Phase-in Plan that identifies who shall be responsible, the major events that shall occur, and the anticipated dates of phase-in completion. CONTRACTOR PHASE-OUT SERVICES AND PHASE-OUT PLAN Any Phase-Out costs shall be assumed by the Contractor and shall be included in Section 1 - Pricing CLIN's. If a successor contract is awarded to a firm who is not the incumbent Contractor, the incumbent Contractor shall be required to provide phase-out services to ensure an uninterrupted, orderly, and smooth transition of the services, while providing all of the services required under this contract. The Contractor shall develop a Phase-Out Plan to be submitted within their Technical Proposal, as well as to the COR within 60 days of the expiration of this contract. The Phase-Out Plan shall identify who shall be responsible for providing Phase-Out services, as well as the anticipated date(s), (prior to and including the day of the actual end date of the Contract,) to ensure uninterruptible service. SPECIAL CONSIDERATIONS AND SECURITY REQUIREMENTS The Contractor shall be required to have personnel that work on this contract obtain a Position of Public Trust security clearance (NAC) and obtain a State Department building identification badge. The time and expense for completing the security clearance paperwork and obtaining the building identification badge will not be reimbursed by the Department of State. a). This is a Sensitive but Unclassified (SBU) contract. All personnel performing on this contract must favorably pass a Moderate Risk Public Trust determination to be conducted by the Bureau of Diplomatic Security. b). Prior to contract assignment, the contractor must contact Ms Glenn Chilton; DS.IS/IND, 571-345-3021 and provide employee information. The information will be used to establish a link to the eQIP website for access. Once the link is established, the employee will fill out the SF-85P and SF-95PS online and submit. The employee will also need to print out the required release forms, fill them out, sign and date and submit to the company Facility Security Office (FSO) or the employment office along with a signed DS-4002 (Disclosure and Authorization Pertaining to Consumer reports) and (2) FD-258 Fingerprint cards. These forms and a request letter on company letterhead should be forwarded to the Industrial Security Division, Bureau of Diplomatic Security, 1801 North Lynn Street, SA-20, 13th floor, Rosslyn, VA 22209-2008. The US Postal Service should not be utilized to send any of this information to DS/IS/IND. c). A preliminary background check will be conducted in conjunction with the MRPT determination. Those personnel who successfully pass the background check may be assigned to the contract while their MRPT is pending. Those who do not pass the background check will not be approved for contract assignment until MRPT is favorable adjudicated. A personal interview will be conducted, if necessary, by the Bureau of Diplomatic Security. If the contractor employee does not ultimately pass the MRPT determination, he/she must be removed from the contract at no cost to the government. A MRPT determination is valid for ten years. All personnel performing on a contract requiring MRPT will need to re-submit necessary paperwork 30 days prior to the MRPT expiration date for continuous uninterrupted performance on the contract. At this time, another background check will be conducted prior to submitting the paperwork investigation. An unfavorable result of this background check may require the contractor employee to be removed from their position pending re-adjudication of the MRPT. d). Non-US and dual national citizens will not be approved for contract assignment until the MRPT is completed and favorably adjudicated by DS/ICI/PSS, unless an exception is granted by DS/IS/IND. Preliminary background checks for initial assignment will not be conducted on non-US and dual national citizens. e). When an employee is terminated or resigns from the contract, the Facility Security Officer (FSO) will notify DS/IS/IND that the employee is no longer working on the contract and their access will be terminated. IN addition, the MRPT investigation, if still pending, will be cancelled. f). The FSO shall report any adverse information pertaining to contractors working on the contract or having access to the Department of State OpenNet system to DS/IS/IND immediately, in writing. g). If the contractor employee has a personal security clearance issued by the Defense Security Service, minimum of a Final Secret, they may be assigned to the contract without a MRPT determination being conducted. The FSO must forward, via facsimile, a Visitor Authorization Request (VAR) and JPAS (Person Summary to the Department of State, DS/IS/IND. h). Security requirements for contractors accessing the Department's domestic or overseas information security systems shall be in accordance with Volume 12, Foreign Affairs manual, Section 600. i). Furthermore, citizens of specifically designated human intelligence threat countries may not develop, modify, or perform maintenance on software developed for use on DOS computer systems without approval by DS/SI/CS. Computer Security Where Contractors use stand alone computers in support of this Contract, and are operated within DOS Facilities, they shall be operated within the guide lines outlined in 12 FAM 625.2-1. Contractors shall only be able to use these computers having gaining proper authorization from DOS Diplomatic Security; DS/SI/CS/SSD. Laptop computers are not authorized to be used in any DOS building. Key Control The contractor shall receive secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. Keys shall not be duplicated without the Government's approval. Where it is determined that the contractor or its agents have duplicated a key without permission of the Government, the contractor shall remove the individual(s) responsible from performing work under the contract. If the contractor has lost any such keys, the contractor shall immediately notify the Government. In either event, the contractor shall reimburse the Government for the cost of rekeying that portion of the system so compromised. Security Jurisdiction The DOS Bureau of Diplomatic Security retains jurisdiction over this facility. An accident, fire, bomb threat, unusual incident or unlawful act must be reported immediately to the 24 hour Central Alarm Station (CAS) on-site, on telephone number (202) 647-1814. The CAS will provide emergency assistance as necessitated by the type of incident and/or prepare a DS Event Report. GOVERNMENT-FURNISHED EQUIPMENT AND SPACE (On-Site) a. For Contractor personnel performing work on Government premises, the Government shall provide on-site office space, furniture, telephone service, and any other necessary supplies and equipment. The Contractor shall provide their employees cell phones so they can be reached out in the field. The cost for the cell phones shall not be billed to the Government. b. Parking of Automotive Vehicles: If available, one parking pass will be made available to the contractor, free of charge, for use in the performance of this contract. The Government reserves the right to revoke all or some of the parking passes as deemed necessary. NONPAYMENT FOR UNAUTHORIZED WORK No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract. SAFEGUARDING OF INFORMATION The consultant and all contractors shall perform their services in accordance with all applicable laws and regulations. The DOS expressly prohibits the unauthorized disclosure of any information given by the DOS to the contractor or of information generated by the contractor, during the execution of this contract. NONDISPLACEMENT OF QUALIFIED WORKERS "(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days. "(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job. "(c) In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives. "(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. "(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States." SECTION 2 - EXHIBIT - EHS CONTRACT REQUIREMENTS ENVIRONMENTAL, HEALTH & SAFETY CONTRACT REQUIREMENTS Introduction It is Department of State (DOS) policy to conduct all activities that support our diplomatic missions in an environmentally sound, healthy, safe, energy-efficient and sustainable manner. The DOS Domestic Environmental and Safety Division (DESD) is responsible for implementing environmental, health and safety (EHS) policies for all domestic Department of State (DOS) facilities, including facilities that are owned by the Government or leased from private landlords. The Contractor and its subcontractors are responsible for complying with this Exhibit and all applicable Federal, state and local EHS regulations. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on the Contractor's part or that of its employees or subcontractors, which results in illness, injury or death. The Contracting Officer's Representative (COR) for this contract is responsible for ensuring requirements addressed in this exhibit are adhered to by the Contractor and any subcontractors working under this contract. The Contractor, not the DOS, is responsible for ensuring its subcontractors are qualified to safely perform the work under this contract and are adhering to the requirements of this contract and all applicable regulations. Compliance with applicable regulatory requirements is the responsibility of the Contractor. The contractor shall be fully responsible for providing and accomplishing the required services as outlined in the solicitation while maintaining conformance with applicable environmental, energy, health, and safety mandates. Where there is a conflict between applicable regulations, the most stringent shall apply. Documents Incorporated by Reference The following regulations are incorporated into the contract by reference. The contractor is expected and required to comply with each of the regulations pursuant to their contract activities. The latest regulation, interpretation, and compliance directives shall apply to the work being performed by the Contractor and subcontractors under this contract. This list is not meant to be all-inclusive, and there may be additional federal, state, or local regulations that apply to the work being performed. It is the contractor's responsibility to identify applicable regulations, and to comply with their requirements. No information in this Exhibit is intended to supersede any FAR regulation. 1) 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses 2) 29 CFR 1910, Occupational Safety and Health Standards for General Industry 3) 29 CFR 1926, Occupational Safety and Health Standards for the Construction Industry 4) National Emission Standards for Hazardous Air Pollutants (40 CFR, Part 61) 5) Clean Air Act of 1990 6) Resource Conservation and Recovery Act of 1976. 7) The most current National Fire Protection Act (NFPA) and International Building Code (IBC) requirements. 8) Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management 9) Executive Order 13514, Federal Leadership in Environmental, Energy and Economic Performance 10) 40 CFR, Protection of Environment 11) Dept of State, Affirmative Procurement Plan 12) Clean Water Act (33 U.S.C. 1368) 13) Pollution Prevention Act (1990) 14) Energy Policy Act (1992, amended 2005) 15) Energy Independence and Security Act (2007) 16) Federal Acquisition Regulation: Subchapter D, Part 23, and Parts 1, 2, 4, 7, 10,11, 12, 13, 15, 16, 17, 36, 37, 42, and 52. www.acquisition.gov/far/current/html/FARTOCP23.html EHS MANAGEMENT SYSTEM The Contractor must institute an EHS Management System as part of this contract and designate the person who is ultimately responsible for managing the EHS program (EHS Coordinator). As part of the bid process, the Contractor must provide a written summary of how EHS considerations are integrated into their routine contract operations. The summary should address the following: • leadership commitment and employee involvement • roles and responsibilities • workplace analysis, hazard prevention and control • training and communication • program auditing, evaluation and management review • recordkeeping The EHS Coordinator is responsible for communicating with the COR and DESD with respect to EHS issues; ensuring personnel performing assigned tasks are appropriately qualified and certified; performing quality assurance audits, documenting corrective actions, and performing follow-up inspections; developing trend analysis data; and providing written technical reports concerning technical issues or potential problems. The EHS Coordinator may be supported by other EHS professionals at the contractor's discretion. Regulatory Compliance Requirements All work, including contact with and handling of hazardous materials, the disturbance of or dismantling of structures containing hazardous materials and/or the disposal of hazardous materials shall comply with the applicable requirements of 29 CFR 1926/1910 and 40 CFR 761. Work involving the disturbance and/or dismantling of asbestos and/or asbestos containing material; and/or the disposal and removal of asbestos, shall also comply with the requirements of 40 CFR, Part 61, Subparts A and M. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. Work involving the disturbance, disposal, or removal of lead-based paint and/or lead-containing paint shall comply with the applicable requirements of 29 CFR 1926/1910. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. Health and Safety Program Requirements The Contractor is responsible for developing and implementing OSHA-compliant, contract-specific health and safety programs and procedures to be used under this contract. Compliance with the OSHA standards and other applicable laws and regulations for the protection of Contractor and subcontractor employees performing work under this contract is exclusively the obligation of the Contractor. The Government will assume no liability or responsibility for the Contractor's or subcontractor's compliance or noncompliance with such requirements. Written Health and Safety Program The Contractor shall submit a written health and safety program with sufficient detail for the Government to evaluate the adequacy and completeness of the program. The program should provide:  A description of the accident prevention, accident reporting and corrective action procedures.  A job safety analysis for each labor category and/or work task identifying the potential hazards (including specific chemical hazards) and the work practice and personal protective equipment controls to be used to eliminate or minimize the hazard.  A list of all the OSHA-required written programs (e.g., hazard communication, hearing conservation, lead, etc.) expected to apply to the work being performed under the contract and which written programs the contractor already has prepared.  A description of the methods the Contractor will employ to audit Contractor and subcontractor health and safety performance, evaluate potential corrective actions, and perform follow-up inspections. Accident Reporting The Contractor is responsible for recording work-related injuries and illnesses on OSHA Form 301, Injury and Illness Incident Report, or an equivalent form within 7 days of being notified of a work-related injury or illness to one of their employees or their subcontractor's employees. If the injury or illness involved days away from work, the Contractor is responsible for notifying the COR of the incident within twenty-four hours of the occurrence. A copy of the accident report, which the Contractor or Subcontractors submit to their insurance carriers, must be forwarded to the COR as soon as possible, but in no event later than seven (7) calendar days after the day the incident occurred. At the end of the calendar year, the Contractor must submit OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, to the COR. EHS Kick-Off Meeting During initial contract start-up, the Contractor shall meet with the COR for the purpose of reviewing the Contractor's plan for integrating safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he intends to take in order to control any unsafe or unhealthy conditions associated with the work. The Contractor's Project Manager an EHS Coordinator shall attend this meeting, and a representative from DESD may also attend. Training and Qualifications The Contractor must ensure that all personnel performing work under this contract are qualified and/or certified to perform the work. In addition to the technical skills and abilities required in the performance of this contract, the Contractor must demonstrate an effective EHS training program for all staff. As part of the bid process, the Contractor must provide an overview of their training program, including specific details of the types of qualifications or training required for specific job functions or tasks. The Pre-Contract submittal should provide specific qualification or training requirements for: • The EHS Coordinator and other key EHS staff that will be responsible for program implementation and oversight. • Managers and supervisors with respect to their EHS leadership responsibilities. • General training for all staff including a review of the site's emergency procedures, a review of the site's waste minimization and recycling programs, and training that enables employees to recognize hazardous conditions and the signs, symptoms of workplace related injuries and illnesses (including reporting procedures for these conditions) • Specific training for job functions or tasks that are based on a job hazard analysis to ensure each employee understands the hazards and control measures associated with his/her specific job ( i.e. forklift training, lockout/tagout, green purchasing requirements, spill prevention control and countermeasure, etc.) The training program must include a method for assessing employee comprehension and training effectiveness. And provide documentation of all training that individual employees receive. Submittals The Contractor must provide the following submittals to the Government at the frequency identified in the table below. Pre-contract submittals must be provided to the CO as part of the Contractor's proposal package. Initial Contract Start-Up and On-Going submittals must be submitted to the COR. Schedule of Submittals Item Pre-Contract Initial Contract Start-Up On-Going Experience Modification Rate With Proposal Package N/A Annually OSHA 300/300A Logs and Forms OSHA 300A Forms for previous 5 yrs With Proposal Package N/A OSHA 300A Summary Annually Description of EHS Management System With Proposal Package As Requested Written Health & Safety Program With Proposal Package As Requested Staff Identification, Training Records and Certificates Within 30 Days Whenever a change in key EHS personnel 3. 0 - CONTRACT ADMINISTRATION DATA In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than a Contracting Officer (CO) be effective or binding upon the Government. The CO is the only person authorized to make or approve any changes in any of the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the discretion of any person other than the CO, the change will be considered to have been made without the authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof. Contracting Officer: Ms. Rosalind Hicks Telephone #: 703-875-7264 Contract Administrator: Ms. Rosalind Hicks U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219 Telephone#: 703-875-7264 Fax #: 703-875-6006 Contracting Officers Representative (Government): Identified at Time of Award Technical Direction (a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative of this contract. As used herein, technical instructions are defined to include the following: (1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work. (2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description. (b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to: (1) assign additional work under the contract; (2) direct a change as defined in the "Changes" clause of this contract; (3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or (4) change any of the terms, conditions or specifications of the contract. (c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contracting Officer that the technical instruction is within the scope of this contract notifies the Contractor. (d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement, which is not affected by the disputed technical instruction. PERIOD OF PERFORMANCE: The term of this contract shall be for a base year and four (4) one-year options. The contract may be extended by the exercise of an option pursuant to FAR 52.217-9, Option to Extend the term of the Contract and FAR 52.217-8, Option to Extend Services. BASE YEAR: (DATES TO BE INSERTED AT TIME OF AWARD) OPTION YEAR 1: OPTION YEAR 2: OPTION YEAR 3: OPTION YEAR 4: PLACE OF PERFORMANCE The principal place of performance for this contract shall be: Harry S. Truman Building 2201 C. St., NW, RM# B2A61 Washington, DC Other places of performance shall be anywhere in the United States, including these specific areas; Charleston Regional Center, Charleston, SC Florida Regional Center, Oakland Park, Florida Kentucky Consular Center, Williamsburg, KY National Passport Center, Portsmouth, NH During the term of this Contract, the DOS may add and/or delete domestic-wide facilities, in which all requirements stated throughout this Contract shall also be in effect. TIME OF PERFORMANCE The Contractor shall perform the stated services for eight hours per day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding Government holidays. Inspection and Acceptance The Contracting Officer's Representative (COR) shall make inspection and acceptance of the services to be provided hereunder. Within 60 days prior to exercising the next Option year, the COR shall complete an evaluation of the Contractor. Instructions for invoice payment: Invoice submission is only via the Financial Operations fax server 866-483-3436 unless otherwise indicated. It is important that each invoice be transmitted separately. Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. It is imperative that the Contractor submit their invoice accordingly. It is highly recommended that the Contractor consult with the Contracting Officer and/or COR prior to their first invoice submittal. Invoices shall reflect those Schedules and Order for Supplies generated during the Award of the Contract. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and address of the contractor (2) Date of invoice (3) Unique Vendor Invoice Number (4) Remittance Contact Information (5) Shipping Terms, Ship to Address (6) Payment Terms (7) Total Quantity of items, Total Invoice Amount (8) DOS Order CLIN (9) Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item (10) Description of the services rendered for each line item (11) Individual Line Item Quantity, Price, and Extended Amount Additional correspondence should be addressed to: Name: U.S. Department of State Global Financial Operations (RM/GFS/F) Office of Claims (F/C) Charleston Financial Service Center Post Office Box 150008 Mailing Address: Charleston, SC 29415-5008 Telephone Numbers: Voice 843/202-3761 Fax 843-746-0749 Person to Contact: Michael Washington, Office of Claims E-mail: WashingtonM@state.gov Phone: 843-202-3761 To request Payment Status on a Past Due Invoice contact Office of Claims Customer Service E-Mail: commercialclaims@state.gov Phone: 877-704-9473 Toll Free 52-252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.arnet.gov/far www.statebuy.gov/home.htm 52-212-4-CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JUNE 2010) 52.224-1 PRIVACY ACT NOTIFICATION (APRIL 1984) 52.228-5-INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN1997) THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - Commercial Items (JAN 2011): An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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 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 stockof 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 representations 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 (o) 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 will 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o 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 o is, o 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 Employees Average 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 1,000 __ Over $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 o is, o 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 o has, o 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) o 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 o is, o 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone 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 each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone 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 o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o 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 o 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 $150,000.) 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, Moroccan, Omani, or Peruvian 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, Moroccan, Omani, or Peruvian 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, Moroccan, Omani, or Peruvian 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) of 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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; (3) o Are, o 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) o Have, o 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 appeal 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 products. 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 it 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) o 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) o 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 o does o 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 o does o 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). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o 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; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. 52-212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3)52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Reserved] __ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (11)(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 (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). X (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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. __ (iv) Alternate III (Jul 2010) of 52.219-9. X (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (15) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (16)(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. __ (17) 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). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). X (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X(23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212). X (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (29) 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.) __ (30)(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.) __ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (32)(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 (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). __ (34) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (40) 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)). __ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (43) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). X (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.217- 8 OPTION TO EXTEND SERVICES (NOV1999) 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. 52.217-9 OPTION TO EXTEND THE TERMS OF THE CONTRACT (MAR2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six (6) months. 652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (AUG 2007) (a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems. (b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm 652-219-71 - SECTION 8(A) DIRECT AWARDS (AUG 1999) (a) This purchase order or contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the Department of State (DOS). SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and provides counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: IDENTIFIED AT TIME OF AWARD (b) The DOS contracting officer is responsible for administering the purchase order or contract and taking any action on behalf of the Government under the terms and conditions of the purchase order or contract. However, the DOS contracting officer shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the purchase order or contract. The DOS contracting officer shall also coordinate with SBA prior to processing any novation agreement. The DOS contracting officer may assign contract administration functions to a contract administration office. (c) The contractor agrees: (1) to notify the DOS contracting officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and, (2) To adhere to the requirements of FAR 52.219-14, Limitations on Subcontracting. 652.237-71 IDENTIFICATION/BUILDING PASS (APR 2004) (a) Contractors working in domestic facilities who already possess a security clearance. (1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities Protection shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose. (2) The contractor shall submit a Visitor Authorization Request (VAR) Letter to the Bureau of Diplomatic Security, Information Security Programs Division, Industrial Security Branch (DS/ISP/INB) on its cleared employees containing the following information: (i) Contractor employee's full name, social security number, and date of birth; (ii) Contractor's company name; (iii) Security clearance level; (iv) Date the clearance was granted; (v) Name of the contractor's Facility Security Officer; (vi) Contracting Officer's Representative (COR); and, (vii) Contract number. (3) DS/ISP/INB shall process and approve the VAR letter, if appropriate. The approved VAR letter shall be forwarded to the contractor for their records. (4) The contractor employee shall hand-carry the following documentation to the Building Pass Office, Department of State, 520 23rd Street, courtyard of Columbia Plaza, Washington, DC: (i) A Department of State sponsorship letter from the COR, addressing the following: (A) The purpose for which the pass is being requested; (B) The employee's valid security clearance level (reflected on the VAR); (C) Contract number and period of performance; (D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and, (E) Expiration date of building pass (1 year or 3 years); (ii) Letter on company letterhead to accompany the application, containing the following information: (A) The purpose for which the pass is being requested; (B) Verification of employment; (C) The employee's valid security clearance level; and, (D) Contract number and period of performance; and (iii) The DS-1838, Request for Building Pass Identification Card. (b) Contractors working in domestic facilities where security clearances are not required. (1) The contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities. The Bureau of Diplomatic Security, Office of Domestic Facilities Protection, shall issue passes. They shall be used for the purpose of facility access only, and shall not be used for any other purpose. (2) The contractor shall submit the following paperwork, in original, to the Bureau of Diplomatic Security, Information Security Programs Division, Industrial Security Branch (DS/ISP/INB): (i) SF-85P, Questionnaire for Public Trust Positions; (ii) SF-85P/S, Supplemental Questionnaire for Selected Positions; and, (iii) DOS Credit Release, which may be obtained from DS/ISP/INB via mail or facsimile. (3) DS/ISP/INB shall conduct a preliminary background check. If the background check is favorable, DS/ISP/INB will forward a letter to the company Facility Security Officer (FSO) notifying them that the individual may proceed to the Building Pass Office to continue the badging process. DS/ISP/INB will forward a copy of this letter to the Building Pass Office. (4) When a contractor employee is approved to receive a building pass, he/she shall hand-carry the following documentation to the Contractor Building Pass Office, Department of State, 520 23rd Street, NW, courtyard of Columbia Plaza, NW, Washington, DC. : (i) A Department of State sponsorship letter from the COR, addressing the following: (A) The purpose for which the pass is being requested; (B) Whether or not the employee has a valid security clearance; (C) Contract number and period of performance; (D) Type of access (24/7, normal business hours, escort authority or no escort authority granted); and (E) Expiration date of building pass (1 year or 3 years); (ii) DS Form 1838, Request for Building Pass Identification Card; (iii) Letter on company letterhead to accompany the application, containing the following information: (A) The purpose for which the pass is being requested; (B) Verification of employment; (C) Whether or not the applicant has a valid security clearance; and, (D) Contract number and period of performance; (iv) Original SF-85P or a copy of the SF-85P, with an original signature and current date; (v) Original SF-85P/S or a copy of the SF-85P/S, with an original signature and current date; (vi) Copy of the DOS Credit Release, with an original signature and current date; and, (vii) Original proof of U.S. citizenship, such as a birth certificate or valid U.S. passport. Non-U.S. citizens must submit a valid photo Immigration and Naturalization Service Employment Authorization Document (INS EAD). (5) Applicants shall be fingerprinted at the Building Pass Office and the process for a building pass shall be initiated. The approval process shall take at least 48 hours. Applicants shall not return to the Building Pass Office until they receive notification from DS/ISP/INB that the process is complete. Once DS/ISP/INB receives notification from the Building Pass Office that a building pass can be issued, DS/ISP/INB shall notify the FSO and the COR that the applicant has been approved for initial contract performance. (c) Contractors working in overseas facilities. Contractors shall submit appropriate documentation to obtain building passes as specified in the contract. (d) All contractor employees, both domestic and overseas, shall wear the passes in plain sight at all times while in Department of State buildings. All contractor employees shall show their passes, where appropriate, when entering these buildings and upon request of uniformed guards or any other authorized personnel. (e) All passes shall be returned to the COR upon separation of the employee, or expiration or termination of the contract. Final payment under this contract shall not be made until all passes are returned to the COR 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004) (a) The Department of State observes the following days as holidays: New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order, or Presidential Proclamation. (b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractors personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative. (d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows: (1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided. (e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any "Excusable Delays" clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy. 652.239-70 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (SEP 2007) All offers/bids submitted in response to this solicitation must address the approach for completing the security plan and certification and accreditation requirements as required by the clause at 652.239-71, Security Requirements for Unclassified Information Technology Resources. 652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (SEP 2007) (a) General. The Contractor shall be responsible for information technology (IT) security, based on Department of State (DOS) risk assessments, for all systems connected to a Department of State (DOS) network or operated by the Contractor for DOS, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOSs information that directly supports the mission of DOS. The term information technology, as used in this clause, means any equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include: (1) Hosting of DOS e-Government sites or other IT operations; (2) Acquisition, transmission, or analysis of data owned by DOS with significant replacement cost should the Contractors copy be corrupted; and (3) Access to DOS general support systems/major applications at a level beyond that granted the general public; e.g., bypassing a firewall. (b) IT Security Plan. The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractors IT Security Plan shall comply with applicable Federal laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002, and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOS policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to: (1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (2) National Institute of Standards and Technology (NIST) Guidelines (see NIST Special Publication 800-37, Guide for the Security Certification and Accreditation of Federal Information Technology systems (http://csrc.nist.gov/publications/nistpubs/800-37/SP800-37-final.pdf); and (3) Department of State information security sections of the Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH) (http://foia.state.gov/Regs/Search.asp), specifically: (i) 12 FAM 230, Personnel Security; (ii) 12 FAM 500, Information Security (sections 540, 570, and 590); (iii) 12 FAM 600, Information Security Technology (section 620, and portions of 650); (iv) 5 FAM 1060, Information Assurance Management; and (v) 5 FAH 11, Information Assurance Handbook. (c) Submittal of IT Security Plan. Within 30 days after contract award, the Contractor shall submit the IT Security Plan to the Contracting Officer and Contracting Officers Representative (COR) for acceptance. This plan shall be consistent with and further detail the approach contained in the contractors proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer and COR, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan. (d) Accreditation. Within six (6) months after contract award, the Contractor shall submit written proof of IT security accreditation for acceptance by the Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with NIST Special Publication 800-37. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The Contractor shall comply with the accepted accreditation documentation. (e) Annual verification. On an annual basis, the Contractor shall submit verification to the Contracting Officer that the IT Security plan remains valid. (f) Warning notices. The Contractor shall ensure that the following banners are displayed on all DOS systems (both public and private) operated by the Contractor prior to allowing anyone access to the system: Government Warning **WARNING**WARNING**WARNING** Unauthorized access is a violation of U.S. law and Department of State policy, and may result in criminal or administrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOS information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorize Department officials. Use of this system constitutes consent to such monitoring. **WARNING**WARNING**WARNING** (g) Privacy Act notification. The Contractor shall ensure that the following banner is displayed on all DOS systems that contain Privacy Act information operated by the Contractor prior to allowing anyone access to the system: This system contains information protected under the provisions of the Privacy Act of 1974 (Pub. L. 93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both. (h) Privileged or limited privileges access. Contractor personnel requiring privileged access or limited privileges access to systems operated by the Contractor for DOS or interconnected to a DOS network shall adhere to the specific contract security requirements contained within this contract and/or the Contract Security Classification Specification (DD Form 254). (i) Training. The Contractor shall ensure that its employees performing under this contract receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on the rules of behavior. (j) Government access. The Contractor shall afford the Government access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DOS data or to the function of information technology systems operated on behalf of DOS, and to preserve evidence of computer crime. (k) Subcontracts. The Contractor shall incorporate the substance of this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. (l) Notification regarding employees. The Contractor shall immediately notify the Contracting Officer when an employee either begins or terminates employment when that employee has access to DOS information systems or data. (m) Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract. ATTACHMENTS ATTACHMENT 1- CONTRACTOR PAST PERFORMANCE EVALUATION- (DUE AT PROPOSAL SUBMISSION) ATTACHMENT 2- ACH VENDOR ENROLLMENT PAYMENT FORM ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUNE2008) To be eligible for award, Proposals must be received by 2 pm, EST on Friday, February 25, 2011. Offerors must submit three (3) paper copies of their proposal by either U. S. Postal Service or hand delivery/courier service (i.e., FedEx, UPS, DHL, etc), to: For U. S. Postal Service submissions: U. S. Department of State A/LM/AQM/WWD P. O. Box 9115, Rosslyn Station Arlington, VA 222109 Attn: Rosalind Hicks For hand delivery/courier service submissions: U. S. Department of State A/LM/AQM/WWD 1701 North Fort Myer Drive, Suite 200 Arlington, VA 22209 Attn: Rosalind Hicks Proposals submitted via fax or e-mail will not be considered. Offerors may direct any questions regarding this solicitation to: Rosalind Hicks, Contracting Officer to hicksrm2@state.gov. All questions must be submitted in writing via e-mail and received by 2 pm EST, Friday, February 4, 2011. The Department of State will not guarantee a response to any question received after this date/time. Rosalind Hicks will be the only Department of State point of contact for this acquisition. No other Department personnel may be contacted regarding this procurement. The Offeror shall follow the format and instructions below in preparing its proposal. PROPOSAL PREPARATION INSTRUCTIONS To facilitate proposal evaluation, the offeror shall submit three (3) copies of their Price Proposal as Volume I and three (3) copies of their Technical proposal as Volume II. These volumes must be clearly marked as "Price Proposal" (Volume I) and "Technical Proposal" (Volume II). As follows: Volume I- PRICE PRPOSAL - Three (3) Copies The overall contents of the Price Proposal (Volume I) shall include the list of CLIN Items, shown in the Pricing Section of the Solicitation, and their proposed dollar amounts. The price proposal shall also break out those costs, specifically reflecting a break out of all costs incurred. The Government Evaluation Team may use all methods available to evaluate prices proposed including, but not limited to, an analysis based on the following: Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to representative industry average rates and/or rates from other contracts for similar work, etc. Realism: A realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, and material kinds and quantity in each contractor's proposed price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the contractor's technical proposal. Price Risk: The Government will evaluate the risk associated with pricing schemes given the proposed pricing schemes, terms and conditions. Unrealistically low proposed prices, whether submitted initially or subsequently, may be grounds for eliminating a proposal from competition on the basis that the Offeror does not understand the requirements. Price proposals will be evaluated in order to determine that the price is fair and reasonable. Volume II - TECHNICAL PROPOSAL/ PLAN - Three (3) Copies The overall contents of the Technical Proposal (Volume II) shall be submitted in the following stated distinct tabs. TAB (A) - COMPARABLE EXPERIENCE- The offeror shall submit all pertinent information with a minimum of one (1) contract they performed, within the last five years, with a total of 2 or more buildings per contract. The experience shall be comparable to that required by this solicitation, No. SAQMMA11R0041. For the contract, the offeror shall provide the customer's name, address, name of the contracting official and his/her telephone number. The offeror shall state what the period of performance of the contract was/is. TAB (B) - PAST PERFORMANCE- The offeror will be evaluated on their performance, and that of significant subcontractors or affiliates, if any, under existing or prior contracts for services. In particular, information on the following areas of contract performance will be evaluated: 1) Conformance to specifications and standards of good workmanship. 2) Adherence to contract schedules. 3) Compliance with the terms and conditions of the contract. 4) General business conduct and business-like concern for the customer. The offeror will be evaluated on performance under existing and prior contracts for similar services. Prior experience beyond five (5) years will not be considered. Performance information collected through references will be used for both responsibility determination and for the evaluation of past performance. The Government may contact references other than those identified by the Offeror and the information received may be used to evaluate the offeror's past performance. TAB (C) - PLAN OF OPERATION AND MANAGEMENT STRUCTURE- Tab "C" shall set forth the functions, responsibilities, qualifications, and authorities of the offeror's management personnel. The offeror shall provide a complete, clear, and concise organizational chart which delineates the role and responsibility of corporate management as it will pertain to the successful performance of the resulting contract. The offeror shall submit a Plan of Operation containing the proposed levels of staffing, showing numbers and types of personnel. The Plan shall provide methods and procedures that will be utilized to accomplish all required services under the solicitation, and which will ensure that all start-up, training, and qualification requirements will be accomplished both before the commencement date for services and satisfactorily maintained during the term of the contract. The offeror shall provide details on how personnel will be brought on-site without interruption starting with the first day of the contract. TAB (D) - PHASE IN/ OUT PLAN - The offeror shall submit a brief phase-in/ phase-out plan detailing the actions that will be taken to interface if there is a successor Contractor to ensure the continuation and continuity of all services without any interruption in the event the offeror is not awarded a follow on contract. TAB (E) -AVAILABILITY AND QUALIFICATION OF KEY PERSONNEL- Resumes: The offeror shall submit resumes for the Quality Control Administrator and all key personnel, to include all certification and license necessary to perform the requirement under this solicitation. TAB (F) - QUALITY CONTROL PLAN The offeror shall submit a preliminary Quality Control Plan which demonstrates a clear and distinct understanding and appreciation of the need for quality control, and it's direct relationship to, and effect upon, all requirements covered within the Solicitation. Written inspection forms, reports, format to be used (provide samples) and an explanation of how and to whom they would be distributed, as well as who will be performing QA functions. TAB (G) SECTION 2, EXHIBIT: EHS CONTRACT REQUIREMENTS: SUBMITTALS The offerors shall provide the submittals required under Section 2, Exhibit to demonstrate a clear and distinct understanding and appreciation of the need to adhere to the best practices for environmental, health and safety, and its direct relationship to, and effect upon all requirements covered within the solicitation. To be considered for award, the offeror's proposal must provide sufficiently detailed information to enable evaluation by the DOS Evaluation Panel. 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) The Government will evaluate the Base Year and Option Year cost as a total cost per award. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of option period pricing shall not obligate the Government to exercise the options for that year. The Government contemplates awarding one (1) IDIQ contract under this RFP to the responsive and responsible offeror whose offer conforms to the requirements of the solicitation and whose offer is considered to be the Lowest Price Technically Acceptable Offeror. (a) The Offeror's proposal will be evaluated to determine whether it meets the requirements described in the solicitation. The Government will evaluate the Offeror's capability and approach to meet the Government's objectives against the evaluation factors as follows: (1) Comparable Experience (2) Past Performance (3) Plan of Operation and Management Structure (4) Phase In/Out Plan (5) Availability and Qualification of Key Personnel; Resumes (6) Quality Control Plan (7) Section 2, Exhibit: EHS Contract Requirements: Submittals (8) Price (b) The Government may conduct a price realism evaluation in order to determine if the overall price proposed is: (1) Realistic for the work to be performed; (2) Reflects a clear understanding of the requirements; and (3) Are consistent with the various elements of the Offeror's technical proposal. Note: Award of this contract may be made based on the initial quotation/proposal and without holding discussions. However, the Government reserves the right to hold discussions if it is determined to be in the best interest of the Government. RATING METHODOLOGY All factors will be adjectivally rated as Outstanding, Good, Acceptable, and/or Unacceptable, with the exception of Past Performance which may be rated neutral. The following definitions will be used for the rating categories: The Government Evaluation Team members will independently rate the strengths and weaknesses of each Offeror's technical proposal information. Each of the developed evaluation factors will be adjectivally rated as Outstanding, Good, Acceptable, or Un- acceptable, with Outstanding representing the highest possible rating and Unacceptable representing the lowest possible rating. Only the Past Performance factor may be rated as neutral. The following definitions will be used for the rating categories: • OUTSTANDING - The Evaluation Factor response is expected to contribute to the Superior achievement of the objectives with minimal or no risk. An assigned rating of OUTSTANDING indicates that, in terms of the specific factor, sub factor, or element, the submission contains very significant strengths and no weaknesses. • GOOD - The Evaluation Factor response is expected to introduce minimal risk in achieving the objectives. A GOOD rating indicates that, in terms of the specific factor, sub factor, or element, the submission contains considerable strengths, but also some weaknesses. • ACCEPTABLE - The Evaluation Factor response is expected to introduce minimal to moderate risk in achieving the objectives. An ACCEPTABLE rating indicates that, in terms of the specific factor, the submission contains weaknesses that offset strengths, but do not significantly detract from the submission. A rating of ACCEPTABLE is used when there are no indications of exceptional features or innovations that could prove to be beneficial and no major weaknesses that could diminish the quality of the effort or increase the risks of failure. • UNACCEPTABLE - The Evaluation Factor response is expected to introduce moderate To excessive risk making it highly unlikely that performance would meet the objectives. An UNACCEPTABLE rating indicates that, in terms of the specific factor, sub factor, or element, the submission contains significant weaknesses that are not offset by strengths. The Offeror's interpretation of the Government's objective is superficial, incomplete, vague, incompatible, incomprehensible or incorrect that it is considered unacceptable. • NEUTRAL* - No relevant past performance available for evaluation. * This rating shall only be applied to the PAST PERFORMANCE factor. A NEUTRAL rating is neither favorable nor unfavorable. Assigned ratings will reflect the consensus developed by the evaluation team's assessment of the technical proposal for accomplishing the Government's objectives. Price proposals will be evaluated but not rated.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/State/A-LM-AQM/A-LM-AQM/SAQMMA11R0041/listing.html)
Place of Performance: Address: The principal place of performance for this contract shall be:, United States Department of State, Harry S. Truman Building, 2201 C. St., NW, RM# B2A61, Washington, District of Columbia, 20520, United States; Zip Code: 20520
Record: SN02375177-W 20110210/110209060040-e3e5716146d678abb36b778cf52ce50b (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

R -- Environmental, Health and Safety Consulting - Amendment 1