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End User IT Support/Services for Pacific Region

Defense Logistics Agency, DLA Acquisition Locations | Published December 6, 2016  -  Deadline January 4, 2017
cpvs

The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.   1.12.2 Reporting inputs will be the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at help desk at http://www.ecmra.mil/.   Section 2: SECURITY REQUIREMENTS 2.1 Security Requirements   DLA requires that all Contractor personnel, assigned to this project shall have attained a favorable outcome to the designated IT investigative requirement assigned to each labor classification and be available to initiate work immediately upon delivery order award. DOD 5200.2-R, DOD Personnel Security Program, requires DOD, military, civilian personnel, as well as DOD consultants and Contractor personnel, who perform work on sensitive, IT to be assigned to positions which are designated at one of three sensitivity levels (IT-1, IT-2, IT-3) based on the actions or tasks to be performed. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-Sensitive for government employees. The Contractor shall assure that individuals assigned to the following positions, as determined by the Government, have completed the appropriate forms (i.e. Standard Form 86) and obtained the proper eligibility as required by DOD 5200.2. LAN, Telecommunications, Mid-Tier, SCCM, Configuration Management, ITOC IT-I Single Scope Background Investigation (SSBI) Wireless Devices Administration, End User Support, Program Management Office, AV/VTC/SV IT-II National Agency Check Investigation with Law and Credit Checks (NACLC) Asset Inventory, LAN and email access only IT-III National Agency Check with Written Inquiries (NACI)   For IT-I, IT–II, and IT-III positions, the required investigation shall be completed or a waiver signed prior to the assignment of individuals to sensitive duties associated with DLA Intelligence at 8725 John J Kingman Rd, Fort Belvoir, VA 22060. The provisions outlined above apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract.  In lieu of the correct investigations being completed when contract employees start, a waiver may be submitted if no issues exist within the OPM SF86 e-QIP Questionnaire for Public Trust Positions.  The Contractor shall have the OPM SF86 e-QIP forms filled out, with any other requirements (fingerprints taken and, if required, an OF306), and reviewed by DLA Intelligence before officially hiring any Contractor employee into IT positions. Foreign Nationals cannot be waivered and will require a full investigation and adjudication and will be restricted in duties to the limitations set forth in DODI 8500.2, Information Assurance, and Table E3.T1. DLA retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government.  The reason for removal shall be documented in writing by the Contracting Officer. When and if such removal occurs, the Contractor shall within a two to four week timeframe, assign qualified personnel to vacancy(s) thus created regardless of whether the individual was in a key- or non-key personnel position. Performance of this PWS may require the Contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that its dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others.  The Contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorized government personnel or upon written approval of the Contracting Officer.   The contract employee shall complete the following form (revised DLA Form 1728). The coordination through the company and DLA Intelligence shall be through a single point of contact (POC) which may by a federal employee in at least a Noncritical Sensitive position or a contractor eligible for IT-2 duties.   The Contractor will not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS. The limitations above do not apply to data or information, which has been made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner, which provides for greater rights to the Contractor.   Contractor personnel visiting any government facility in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges, etc. will be provided by the Government as required. The Contractor shall forward their employee clearance information to the DLA Intelligence at 8725 John J Kingman Rd, Fort Belvoir, VA 22060 or via JPAS (SMO: G500005). The provisions outlined above apply to the prime Contractor and any subcontractors the prime Contractor may employ during the course of this contract. No Contractor personnel performing sensitive duties shall be allowed to commence work on this effort until his or her trustworthiness has been favorably adjudicated.   The Contractor shall notify the CO, the COTR and the Program Management Office (PMO) in writing, within 24 hours, when for reasons of personnel resignations, reassignments, terminations or completion of portions of the contract, named Contractor personnel no longer require access to Government ITs.   All products produced and associated work papers are to be considered the property of the Government.   The PWS will be in accordance with the C2 Level of Trust as identified in DLAR 5200.17, Security Requirement for Automated Information and Telecommunications Systems along with DOD5200.28, DOD Trusted Computer System Evaluation Criteria. This information is from 252.239-7001 from the solicitation provisions and contract clause of the DFAR: (a)      The Contractor will ensure that personnel accessing information systems have the proper and current IA certification to perform IA functions in accordance with DOD 8570.01-M, Information Assurance Workforce Improvement Program.  The Contractor shall meet the applicable IA certification requirements, including—   (1)   DOD-approved IA workforce certifications appropriate for each category and level as listed in the current version of DOD 8570.01-M; and   (2)   Appropriate operating system certification for IA technical positions as required by DOD 8570.01-M.   (b)      Upon request by the Government, the Contractor shall provide documentation supporting the IA certification status of personnel performing IA functions.   (c)    Contractor personnel who do not have proper and current certifications shall be denied access to DOD information systems for the purpose of performing IA functions.    2.2 DOD 8570.01-M, Information Assurance Workforce Improvement Program   The DOD 8570.01-M, Information Assurance Workforce Improvement Program, requires training and certification for IA duties performed. All contract employees performing IA functions shall meet the requirements in accordance with DOD/DLA guidance. Additionally, all contract employees shall be certified in operating systems on any system on which System Administration duties are performed; refer to C3.2.4.8.3 for further guidance.  Proof of certification shall be provided before Privileged access is granted; this includes, but is not limited to, system administration access, network administration access, router/switch access, firewall access, and IDS access.  All documentation required for security certification will be maintained by both the Contractor and the Government.  All contract employees will have acquired the necessary certification requirements, per the DOD 8570.1, throughout the entire period of performance of the contract requirements.  These certification requirements are not based on position title; they are based on duties. Refer to Attachment 4, 8570.01-M Certification Requirements Matrix.   2.3 Clearance Requirements for Contractors Requiring Access to Classified Systems   Secret clearances are required for this contract.  Costs associated with obtaining and maintaining a security clearance will be incurred by the contractor.  Contractors shall achieve and maintain an active Secret clearance through their Facility Security Officer (FSO) at their respective Contractor facility under the requirements of the DOD 5220.2-M, National Industrial Security Operating Manual (NISPOM) as specified below.  The FSO will input the security clearance information into JPAS (Joint Personnel Adjudication System).  Notification of this clearance must be validated by the government via JPAS.  Any clearance activation or deactivation information will also be forwarded by the FSO to the COR and the DLA Intelligence, Fort Belvoir, VA office.  All documentation required for security certification will be the responsibility of the Contractor and the client organization. At a minimum, all key personnel are required to have a Secret clearance at the start of the contract.  2.4 Common Access Card (CAC) The Homeland Security Presidential Directive 12 dated 27 August 2004 has established criteria for vendors who require a CAC for either physical access to a U.S. government controlled installation or access to government IT systems. The vendor shall provide the DLA J6 COR/ACOR a roster of all personnel, to include those requiring access to restricted or controlled access areas no later than 15 calendar days prior to contract full performance start date or at contract award whichever is sooner.  The roster shall include each employee’s full legal name, Social Security Number (SSN) and Date of Birth (DOB) email address, security clearance level and date of last investigation, if applicable; identification card number, if assigned; branch or section, if applicable.  The vendor shall provide updates to the roster at least five working days prior to the date of required access for new employees and within one day for employees whose employment has been terminated and for employees who no longer requires access to restricted or controlled access areas. Vendor personnel shall obtain and possess a DOD CAC, and an Access ID Badge or electronic key cards, if required for their position. The DLA J6 COR/ACOR or designated POC will provide and maintain electronic key cards for the security access system.  The electronic key card allows access to specific controlled areas of the facilities.  The DLA J6 COR/ACOR or designated POC will approve and provide the electronic key cards to the vendor for access to the facilities. 2.4.1 The vendor shall safeguard CAC, Access ID Badges, and electronic key cards furnished to them.  Vendor personnel shall not share CAC, Access ID Badges, and electronic key cards.  Each vendor employee shall wear the CAC and Access ID Badge conspicuously on his or her outer clothing above the waist at all times while working on the installation.  Personnel may be challenged and removed from the work area or denied access to the host installation if the CAC and Access ID Badge are not worn.   2.4.2 In the event that a vendor employee damages or loses his or her CAC, Access ID Badges, or electronic key cards, the vendor shall report the lost or damaged CAC, Access ID Badges, or electronic key cards within two working hours of damage or loss to the DLA J6 COR/ACOR who will arrange for a replacement CAC, Access ID Badges, or electronic key cards.  The government will issue the vendor employee a temporary Access ID Badge to be used for an eight to ten working day waiting period until a new permanent Access ID Badge is issued.   2.4.3 The vendor shall return all government-furnished CAC, Access ID Badges, electronic key cards, and any other government issued passes, e.g., vehicle pass, to the KO or DLA J6 COR/ACOR within 24 hours of the completion of the contract or upon termination of an individual’s employment, whichever comes first.  Vendor personnel failing to return their CAC, Access ID Badges, and electronic key cards are subject to criminal charges under United States Code (USC) Title 18, Chapter 1, Section 499 and 701   Deliverables:  Restricted or controlled access roster   2.5 Personally Identifiable Information (PII)   Per Federal Acquisition Regulation (FAR) 52.224-1, Privacy Act Notification (Apr 1984), the Contractor shall be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations.  Violation of the Act may involve the imposition of criminal penalties.   Per FAR 52.224-2, Privacy Act (Apr 1984), the Contractor agrees to:   ·       Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: -        The systems or records; and -        The design, development or operation work that the Contractor is to perform   ·       Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development or operation of a system of records on individuals that is subject to the Act; and ·       Include the clauses, in the following three subparagraphs, in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.   In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For the purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.   The term “operation of a system of records” as used in this clause, means the performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.   The term “record” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.   The term “system of records on individuals” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.   Per FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Nov 2006), the Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directiive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. 2.6 Data Use, Disclosure of Information and Handling of Sensitive Information   The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, Contractors and subcontractors having a need to know such information in the performance of their duties for this PWS. Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without written agreement of the Contracting Officer. Contractor personnel will be required to sign a non-disclosure statement.   If proprietary information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the Contracting Officer may not use such information for any other purpose. If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor shall consult with the COR regarding use of that information for other purposes. 2.7 Proprietary Data   Performance of this PWS may require the contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that is dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others.  The contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorize government personnel or upon written approval of the Contracting Officer.  The contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS.  The limitations above do not apply to data or information, which has been made public by the Government.  Further, this provision does preclude the use of data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner, which provides for greater rights to the contractor.   Contractor personnel visiting government facilities in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees while at the Government sites.  Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges shall be provided.   Personnel and subcontractors assigned to this project may require access to classified information or proprietary data on DOD or DLA computer applications. Ownership of Intellectual Property:  All products, source code, technical data, collected and/or created by the contractor at the direction of the Government throughout the life of this contract shall remain the sole property of the Government. Any unauthorized use of this Government Property may result in punitive actions.

End User IT Support/Services for Central-Northern Region

Defense Logistics Agency, DLA Acquisition Locations | Published December 6, 2016  -  Deadline December 19, 2016
cpvs

  1.12.2 Reporting inputs will be the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at help desk at http://www.ecmra.mil/. Section 2: SECURITY REQUIREMENTS   2.1 Security Requirements   DLA requires that all Contractor personnel, assigned to this project shall have attained a favorable outcome to the designated IT investigative requirement assigned to each labor classification and be available to initiate work immediately upon delivery order award.   DOD 5200.2-R, DOD Personnel Security Program, requires DOD, military, civilian personnel, as well as DOD consultants and Contractor personnel, who perform work on sensitive, IT to be assigned to positions which are designated at one of three sensitivity levels (IT-1, IT-2, IT-3) based on the actions or tasks to be performed. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-Sensitive for government employees. The Contractor shall assure that individuals assigned to the following positions, as determined by the Government, have completed the appropriate forms (i.e. Standard Form 86) and obtained the proper eligibility as required by DOD 5200.2. LAN, Telecommunications, Mid-Tier, SCCM, Configuration Management, ITOC IT-I Single Scope Background Investigation (SSBI) Wireless Devices Administration, End User Support, Program Management Office, AV/VTC/SV IT-II National Agency Check Investigation with Law and Credit Checks (NACLC) Asset Inventory, LAN and email access only IT-III National Agency Check with Written Inquiries (NACI)   For IT-I, IT–II, and IT-III positions, the required investigation shall be completed or a waiver signed prior to the assignment of individuals to sensitive duties associated with DLA Intelligence at 8725 John J Kingman Rd, Fort Belvoir, VA 22060. The provisions outlined above apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract.  In lieu of the correct investigations being completed when contract employees start, a waiver may be submitted if no issues exist within the OPM SF86 e-QIP Questionnaire for Public Trust Positions.  The Contractor shall have the OPM SF86 e-QIP forms filled out, with any other requirements (fingerprints taken and, if required, an OF306), and reviewed by DLA Intelligence before officially hiring any Contractor employee into IT positions. Foreign Nationals cannot be waivered and will require a full investigation and adjudication and will be restricted in duties to the limitations set forth in DODI 8500.2, Information Assurance, and Table E3.T1. DLA retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government.  The reason for removal shall be documented in writing by the Contracting Officer. When and if such removal occurs, the Contractor shall within a two to four-week timeframe, assign qualified personnel to vacancy(s) thus created regardless of whether the individual was in a key- or non-key personnel position. Performance of this PWS may require the Contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that its dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others.  The Contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorized government personnel or upon written approval of the Contracting Officer.   The contract employee shall complete the following form (revised DLA Form 1728). The coordination through the company and DLA Intelligence shall be through a single point of contact (POC) which may by a federal employee in at least a Noncritical Sensitive position or a contractor eligible for IT-2 duties.   The Contractor will not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS. The limitations above do not apply to data or information, which has been made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner, which provides for greater rights to the Contractor.   Contractor personnel visiting any government facility in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges, etc. will be provided by the Government as required. The Contractor shall forward their employee clearance information to the DLA Intelligence at 8725 John J Kingman Rd, Fort Belvoir, VA 22060 or via JPAS (SMO: G500005). The provisions outlined above apply to the prime Contractor and any subcontractors the prime Contractor may employ during the course of this contract. No Contractor personnel performing sensitive duties shall be allowed to commence work on this effort until his or her trustworthiness has been favorably adjudicated.   The Contractor shall notify the CO, the COTR and the Program Management Office (PMO) in writing, within 24 hours, when for reasons of personnel resignations, reassignments, terminations or completion of portions of the contract, named Contractor personnel no longer require access to Government ITs.   All products produced and associated work papers are to be considered the property of the Government.   The PWS will be in accordance with the C2 Level of Trust as identified in DLAR 5200.17, Security Requirement for Automated Information and Telecommunications Systems along with DOD5200.28, DOD Trusted Computer System Evaluation Criteria. This information is from 252.239-7001 from the solicitation provisions and contract clause of the DFAR: (a)      The Contractor will ensure that personnel accessing information systems have the proper and current IA certification to perform IA functions in accordance with DOD 8570.01-M, Information Assurance Workforce Improvement Program.  The Contractor shall meet the applicable IA certification requirements, including—   (1)   DOD-approved IA workforce certifications appropriate for each category and level as listed in the current version of DOD 8570.01-M; and   (2)   Appropriate operating system certification for IA technical positions as required by DOD 8570.01-M.   (b)      Upon request by the Government, the Contractor shall provide documentation supporting the IA certification status of personnel performing IA functions.   (c)    Contractor personnel who do not have proper and current certifications shall be denied access to DOD information systems for the purpose of performing IA functions.    2.2 DOD 8570.01-M, Information Assurance Workforce Improvement Program   The DOD 8570.01-M, Information Assurance Workforce Improvement Program, requires training and certification for IA duties performed. All contract employees performing IA functions shall meet the requirements in accordance with DOD/DLA guidance. Additionally, all contract employees shall be certified in operating systems on any system on which System Administration duties are performed; refer to C3.2.4.8.3 for further guidance.  Proof of certification shall be provided before Privileged access is granted; this includes, but is not limited to, system administration access, network administration access, router/switch access, firewall access, and IDS access.  All documentation required for security certification will be maintained by both the Contractor and the Government.  All contract employees will have acquired the necessary certification requirements, per the DOD 8570.1, throughout the entire period of performance of the contract requirements.  These certification requirements are not based on position title; they are based on duties. Refer to Attachment 4, 8570.01-M Certification Requirements Matrix.     2.3 Clearance Requirements for Contractors Requiring Access to Classified Systems   Top Secret clearances will be required for personnel working on JWICS.  Secret clearances are required for all other personnel supporting the requirement under this contract, Costs associated with obtaining and maintaining a security clearance will be incurred by the contractor.  Contractors shall achieve and maintain an active Secret clearance through their Facility Security Officer (FSO) at their respective Contractor facility under the requirements of the DOD 5220.2-M, National Industrial Security Operating Manual (NISPOM) as specified below.  The FSO will input the security clearance information into JPAS (Joint Personnel Adjudication System).  Notification of this clearance must be validated by the government via JPAS.  Any clearance activation or deactivation information will also be forwarded by the FSO to the COR and the DLA Intelligence, Fort Belvoir, VA office.  All documentation required for security certification will be the responsibility of the Contractor and the client organization. At a minimum, all key personnel are required to have a Secret (or Top Secret for personnel working on JWICS) clearance at the start of the contract.  2.4 Common Access Card (CAC) The Homeland Security Presidential Directive 12 dated 27 August 2004 has established criteria for vendors who require a CAC for either physical access to a U.S. government controlled installation or access to government IT systems. The vendor shall provide the DLA J6 COR/ACOR a roster of all personnel, to include those requiring access to restricted or controlled access areas no later than 15 calendar days prior to contract full performance start date or at contract award whichever is sooner.  The roster shall include each employee’s full legal name, Social Security Number (SSN) and Date of Birth (DOB) email address, security clearance level and date of last investigation, if applicable; identification card number, if assigned; branch or section, if applicable.  The vendor shall provide updates to the roster at least five working days prior to the date of required access for new employees and within one day for employees whose employment has been terminated and for employees who no longer requires access to restricted or controlled access areas. Vendor personnel shall obtain and possess a DOD CAC, and an Access ID Badge or electronic key cards, if required for their position. The DLA J6 COR/ACOR or designated POC will provide and maintain electronic key cards for the security access system.  The electronic key card allows access to specific controlled areas of the facilities.  The DLA J6 COR/ACOR or designated POC will approve and provide the electronic key cards to the vendor for access to the facilities.   2.4.1 The vendor shall safeguard CAC, Access ID Badges, and electronic key cards furnished to them.  Vendor personnel shall not share CAC, Access ID Badges, and electronic key cards.  Each vendor employee shall wear the CAC and Access ID Badge conspicuously on his or her outer clothing above the waist at all times while working on the installation.  Personnel may be challenged and removed from the work area or denied access to the host installation if the CAC and Access ID Badge are not worn.   2.4.2 In the event that a vendor employee damages or loses his or her CAC, Access ID Badges, or electronic key cards, the vendor shall report the lost or damaged CAC, Access ID Badges, or electronic key cards within two working hours of damage or loss to the DLA J6 COR/ACOR who will arrange for a replacement CAC, Access ID Badges, or electronic key cards.  The government will issue the vendor employee a temporary Access ID Badge to be used for an eight to ten working day waiting period until a new permanent Access ID Badge is issued.   2.4.3 The vendor shall return all government-furnished CAC, Access ID Badges, electronic key cards, and any other government issued passes, e.g., vehicle pass, to the KO or DLA J6 COR/ACOR within 24 hours of the completion of the contract or upon termination of an individual’s employment, whichever comes first.  Vendor personnel failing to return their CAC, Access ID Badges, and electronic key cards are subject to criminal charges under United States Code (USC) Title 18, Chapter 1, Section 499 and 701   Deliverables:  Restricted or controlled access roster 2.5 Personally Identifiable Information (PII)   Per Federal Acquisition Regulation (FAR) 52.224-1, Privacy Act Notification (Apr 1984), the Contractor shall be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations.  Violation of the Act may involve the imposition of criminal penalties.   Per FAR 52.224-2, Privacy Act (Apr 1984), the Contractor agrees to:   ·       Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: -        The systems or records; and -        The design, development or operation work that the Contractor is to perform   ·       Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development or operation of a system of records on individuals that is subject to the Act; and ·       Include the clauses, in the following three subparagraphs, in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.   In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For the purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.   The term “operation of a system of records” as used in this clause, means the performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.   The term “record” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.   The term “system of records on individuals” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.   Per FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Nov 2006), the Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directiive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.   2.6 Data Use, Disclosure of Information and Handling of Sensitive Information   The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, Contractors and subcontractors having a need to know such information in the performance of their duties for this PWS. Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without written agreement of the Contracting Officer. Contractor personnel will be required to sign a non-disclosure statement.   If proprietary information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the Contracting Officer may not use such information for any other purpose. If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor shall consult with the COR regarding use of that information for other purposes. 2.7 Proprietary Data   Performance of this PWS may require the contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that is dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others.  The contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorize government personnel or upon written approval of the Contracting Officer.  The contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS.  The limitations above do not apply to data or information, which has been made public by the Government.  Further, this provision does preclude the use of data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner, which provides for greater rights to the contractor.   Contractor personnel visiting government facilities in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees while at the Government sites.  Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges shall be provided.   Personnel and subcontractors assigned to this project may require access to classified information or proprietary data on DOD or DLA computer applications.

Grand Jury and Deposition Court Reportine Services

Department of Justice, Justice Management Division | Published April 15, 2009  -  Deadline April 30, 2009
cpvs

In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is canceled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 PM of the workday immediately preceeding the day of the proceeding. In the event a proceeding is canceled after 4:30 PM of the prior day and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated. 9. Other Requirements. As follows: (1) A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the USAO requests it. (2) Each witness' testimony shall be in a separate transcript. (3) If the USAO does not request that a transcript be produced, charging for estimated pages shall NOT be allowed. Only the Attendance/Minimum fee will be paid. (4) Grand Jury transcripts may not be sold to anyone other than the Government at anytime under any circumstances. 10. Delivery: All Grand Jury Transcripts shall be delivered by contractor personnel, messenger service or overnight courier (Fed Ex). Transcripts must be double wrapped. The inner envelope must state "Grand Jury Material Enclosed. To be Opened by Authorized Personnel ONLY". Unauthorized viewing of this material is a violation of the law. Grand Jury information may be mailed ONLY if it is sent certified, registered, or by Fed-Ex. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE (I, We) hereby certify that the foregoing is a true and accurate transcript, to the best of (my, our) skill and ability, from my stenographic notes of this proceeding. Date Court Reporter There shall be no charge for either this certification page or any index page if used. Deposition Transcripts (a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating their intention to take the deposition by returning the TOF document with number and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a deposition is continued for more than one day, the Contractor agrees that it will assign the same court reporter for each continued segment of that given deposition. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that deposition absent good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO that another court reporter will be providing the court reporting services. (b) Original Transcripts. Deposition transcript with CD-R or DVD are to be delivered in the turnaround times as set forth below. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract. 1. Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the deposition. A regular transcript shall be delivered to the USAO of each witness�s testimony, when requested by the USAO, unless an expedited transcript is requested by the USAO in accordance with (4. Expedited) below. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO. 2. Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings. 3. Daily: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement. We will advise in advance when ordering Daily. 4. Special: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement. We will advise in advance when ordering Special. 5. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above. 6. CD-R or DVD. A CD-R or DVD containing the transcript shall be provided in a Word Perfect (preferred), Word or ASCII format. 7. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in Section B of this contract. The Contractor may only assess this fee in the event that the Government does not request a transcript from the proceeding. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 10:00am to 12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid either one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee. It should be noted an attendance fee for depositions is provided only when the minimum number of pages is not met- the reporter gets the page fee or the attendance fee, whichever is greater, but not both. 8. Cancellation Fee. In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is canceled, the Government will notify the Contractor by telephone of such cancelation prior to 4:30 PM of the workday immediately preceding the day of the proceeding. In the event a proceeding is canceled after 4:30 PM of the prior day and the reporter arrives as previously ordered, a cancellation fee will be paid. 9. Other Requirements. As follows: (1) A transcript of all witness testimony shall be produced in accordance with above. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO. (2) Each witness' testimony shall be in a separate transcript. 10. Delivery. Deposition transcripts shall be delivered as instructed by the individual AUSA. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE I, (NAME OF REPORTER), a Shorthand Reporter and a Notary Public, do hereby certify that the foregoing witness, (NAME OF WITNESS), was duly sworn on the date indicated, and that the foregoing is a true and accurate transcription of my stenographic notes and is a true record of the testimony given by the foregoing witness. I further certify that I am not employed by or related to any party to this action by blood or marriage and that I am in no way interested in the outcome of this matter. In witness whereof, I have hereunto set my hand this day of , 20 . There shall be no charge for either this certification page or any index page if used. Recording Requisites (a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. 1. Monitored Multi-microphone Recording Systems. The mandatory requirements follow: � The Contractor's personnel shall operate and monitor the recording equipment at all times. � The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. � The recording equipment utilized shall provide for the instant playback of testimony. � The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. � The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. � The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. � The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. � The recording monitor shall be able to identify speakers. � A back-up system shall be available so as not to delay the proceedings. � The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. 2. Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. 3. Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 4. Video Tape Recording. The Government must determine video formatting, DVD or CD. (b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he shall at all times be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, and matters of like character. (c) Depositions shall be taken by a Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and specifically Rule 30(e), which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. In the event further information is desired, the above referenced volume is a part of the United States Code, Title 28 and may be found at any public library. (d) Everything spoken pertaining to the subject matter of the deposition shall be reported, unless the Presiding Official otherwise directs. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. (e) All notes, records, documentary exhibits, and any other material which is a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise instructed. (f) Right to Remove Individual Reporter - It shall be an absolute right of the Government to inform the Contractor through the Contracting Officer of the unacceptability of specific court reporters for Grand Jury or Deposition work. The failure of the Contractor to provide a court reporter other than one designated unacceptable by the Government shall provide a basis for the Government's decision to obtain court reporting services from another source. Transcript Format (a) A separate transcript shall be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury date, time of the commencement of the proceeding for that particular witness, docket number, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the deposition, etc. and shall be followed by a page of distinctive color indexing the exhibits where applicable. (b) The paging of the transcripts shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc., and the paging of the transcript in a hearing shall follow consecutively the paging of the last previous hearing in the same case. (c) Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Velobinding is not acceptable for binding the transcripts. (d) All transcripts shall be typed with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on paper 8 � inches x 11 inches in size, with a ruled margin of 1 3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness name, date of testimony, and page number. The lines of testimony are to be numbered on each page beginning with #1. These numbers will appear just to the left of the left ruled margin. Whenever testimony is continuous, requiring more than one line, the typing shall begin one blank space after the left hand ruled margin and shall continue to the right hand ruled margin, with no blank spaces. The distance between the left hand ruled margin and the right hand ruled margin will be 6 3/8 inches. Therefore, there will be no less than 60 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily containing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines to the page. The first line of Q and A's will be indented 5 spaces, then followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. The first line of colloquy will be indented 10 spaces, followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an additional line. There should be no unnecessary blank lines unless absolutely necessary for readability. The USAO will be the sole judge of this format. Reduced page transcripts (Condensed Transcripts) shall include four transcript pages in reduced format on a single 8 � x 11 inch page. (e) Exhibits admitted in evidence, identified in a deposition, or in Grand Jury proceedings, when requested by the Government attorney shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, as directed by the individual Assistant U.S. Attorney (AUSA) and shall be annexed to the deposition transcript. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. Availability/Sale of Transcripts (a) Recording of proceedings shall be transcribed by the Contractor only when directed by the USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available to the public. (b) Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. Reports The Contractor shall submit immediately, in writing, to the Contracting Officer and the U.S. Attorney�s Office the following reports: 1. Unauthorized Entry. A report on any information coming to his attention concerning unauthorized entry (actual, attempted, or threatened) at his facilities where work for the United States Attorney�s Office is performed. 2. Loss, Compromise or Suspected Compromise. A report on any loss, compromise or suspected compromise of transcripts, notes or other related material. 3. Any change of ownership, including stock transfers that affect the control of the corporation. 4. Change of operating or address of the facility. 5. A report of any change during the performance of the contract in location of closed or restricted areas as established, including the creation of any new areas requiring approval of the United States Attorney. 6. A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard. 7. The Contractor shall also maintain and keep available for review by the United States Attorney�s Office a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter. FAR 52.216-18 Ordering (a) Services to be furnished under this contract shall be ordered by the issuance of work orders signed by Contracting Officer�s Technical Representative (COTR) or Authorized Individual of the United States Attorney�s Office. All work orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order. The contract will not be modified or superseded by any work order issued hereunder. A sample Court Reporting Ordering Form is attached. The ordering form or another acceptable form approved by the USAO can be used to issue work orders for court reporting services under this contract. All work orders placed under this contract must contain the following information: Date of Order Order Number Description of Service Place of Performance Account & Appropriation Data, if applicable Primary Point of Contact of the work order (b) List of Authorized Individuals designated to place work orders under this contract will be determined at the time of award. SECTION D PRESERVATION, PACKAGING AND MARKING Not Applicable. SECTION E INSPECTION AND ACCEPTANCE E.1 Notice Listing Contract Clauses Incorporated by Reference The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001 LABOR-HOUR SECTION F DELIVERIES OR PERFORMANCE F.1 Period of Performance July 1, 2009 thru June 30, 2014 F.2 Primary Places of Performance U. S. Attorney�s Office, WDNY 138 Delaware Avenue Buffalo, NY 14202 The place of performance for depositions will be determined at the time work orders are issued. F.3 Performance Standards Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in Section C, Tangible Results and Deliverables, will be conducted jointly by the COTR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. SECTION G CONTRACT ADMINISTRATION DATA G.1 Contracting Officer�s Technical Representative (COTR) Upon award, a Contracting Officer's Technical Representative (COTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, the COTR shall not be authorized to change any terms and conditions of the resultant contract, including price. The COTR is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer. The COTR for this contract is: At time of award G.2 Contracting Officer The Contracting Officer for this contract is: Andrew Payne III Executive Office for US Attorneys Acquisitions Staff 600 E. Street, NW, Suite 2400 Washington, DC 20530 Written communications shall make reference to the contract number and shall be mailed to the above address. G.3 Payment/Invoice Requirements Payment for actual work and services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g) in Section I. In addition, the following information must appear on the invoice: 1. Date service was performed 2. Location service was performed 3. Attorney�s Name 4. Grand Jury Number (for Grand Jury only) 5. Name of witness Invoices shall be submitted to the COTR at the address shown in Section G. The COTR will certify the invoice for payment and forward the invoice to the Finance Office for payment with a copy to the Contracting Officer. All follow-up invoices shall be marked �Duplicate of Original.� Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance Hotline on (202) 616-6260. G.4 Accounting and Appropriation Data [To be completed at time of award] SECTION H SPECIAL CONTRACT REQUIREMENTS H.1 Personnel Security (a) The USAO will process background security investigations for Grand Jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to Grand Jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to Grand Jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for Grand Jury court reporters shall be cause for termination of this contract. (b) The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on Grand Jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. (c) Should Grand Jury proceedings require access to classified National Security Information by personnel of the Contractor; additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. (d) In the event the USAO is unable to obtain security approval for access to Grand Jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for Grand Jury court reporters. (e) The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to Grand Jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to Grand Jury information. H.2 Required Security Investigation (a) The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. (b) Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: Policy development or implementation Higher-level management assignment Independent spokespersons or non-management positions with authority for independent action, Significant fiduciary and procurement authority and responsibilities, and IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, Management of Federal Information Resources, � for those computer positions that are High Risk at: http://www.whitehouse.gov/OMB/circulars/a130/a130trans4.html Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: Assistance to policy development and implementation, Mid-level management assignments, Non-management positions with authority for independent or semi-independent action, Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources, � for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. (c) Types and Numbers of Background Investigations Work performed under this CONTRACT will fall within one or more of the risk categories defined paragraph 3.2.2(b). As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this CONTRACT. The Contractor will not be permitted to commence performance under the CONTRACT until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the CONTRACT, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. (d) Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the Security Programs Manager, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee�s favor. When derogatory information has been discovered that cannot be resolved in the contract employee�s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject�s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. (e) The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Form Number and Title Number of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For Public Trust Positions 2 (f) Procedures for Pre-Screening Applicants and Investigations Contractor�s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the CONTRACT or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this CONTRACT, the applicant must be disqualified from assignment on the CONTRACT. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this CONTRACT: 1. Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. 2. Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form DD-258 from an organization qualified to take fingerprints. 3. Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. 4. Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. (g) Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). (h) Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the CONTRACT. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual�s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual�s behavior indicates a preference for a foreign country over the United States) (i) Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. 1. The nature, extent and seriousness of the conduct. 2. The circumstances surrounding the conduct, to include knowledgeable participation. 3. The frequency and recency of the conduct. 4. The individual�s age and maturity at the time of the conduct. 5. The voluntaries of participation. 6. The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. 7. The motivation for the conduct. 8. The potential for pressure, coercion, exploitation or duress. 9. The likelihood of continuation or recurrence. (j) Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the CONTRACT falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this CONTRACT. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. (k) The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already business on the CONTRACT and is determined to be ineligible, he or she will be removed from the call order. (l) The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the CONTRACT, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). (m) The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. (n) The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. (o) Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held momentarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. (p) Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. (q) Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. H.3 Contractor Physical Security Requirements (a) Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practical after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. (b) An Intrusion Detection System (IDS) must be installed and connected to a central station at the Contractor�s facility or the facility of a subcontractor who monitors the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of an alarm activation. Central station burglar alarm systems classified by the Underwriter�s Laboratories, Inc. or other systems with built-in auxiliary power for fail safe protection, shall satisfy this requirement. (Such system shall not use shunt switches to shut off control panels and all alarm sensors and control boxes should be equipped with tamper-proof switches). A direct-connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracting firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of the alarm and to take appropriate measures to ensure the security of the area concerned. (c) End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The court reporter firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. (d) The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to comply with these requirements. H.4 Information Technology Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. Removable storage media must be secured in the safe. In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. As a general rule, grand jury court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter�s equipment using the currently approved USAO sanitization method. Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance. Grand jury information should be backed up on a weekly basis. Grand jury information may not be processed by individuals outside of those contracted and granted security approval. H.5 Disposition (a) During the contract performance period, if any removable hard drives or cartridges used in conjunction with this contract become defective, this (these) removable hard drive(s) or cartridge(s) shall be removed and turned over to the Department of Justice for destruction. The Government will not compensate the Contractor for costs of any defective drives. (b) At the conclusion of the contract period, all media materials used in conjunction with this contract (i.e. floppy disks, removable hard drives or cartridges, cassette/magnetic tape, stenographic and hand-written notes, typewriter ribbons, etc.) shall be turned in to the USAO for destruction. Any of the media materials, which become defective during the contract performance period, shall be immediately turned in to the Department of Justice for destruction. The Government will not compensate the Contractor for the costs of these media materials. H.6 Protection of Grand Jury Information (a) Grand Jury testimony is sensitive Limited Official Use information, which must be protected against disclosure to unauthorized personnel. Pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure, disclosures of matters occurring before the Grand Jury other than its deliberations and the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties.

JetFlex and SprayFil paints

Department of the Air Force, Air Force Reserve Command | Published January 11, 2017  -  Deadline February 3, 2017
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As used in this provision-- Commercial and Government Entity (CAGE) code means- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. (b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture. (c) If the Offeror indicates ''has'' in paragraph (b) of this provision, enter the following information: Immediate owner CAGE code: ___ Immediate owner legal name: ___ (Do not use a ''doing business as'' name) Is the immediate owner owned or controlled by another entity?: [ ___ ] Yes or [ ___ ] No. (d) If the Offeror indicates ''yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ___ Highest-level owner legal name: ___ (Do not use a ''doing business as'' name) (End of provision) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) 52.204-20 Predecessor of Offeror (JUL 2016) (a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark "Unknown"). Predecessor legal name: ____. (Do not use a "doing business as" name). (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2016) ALTERNATE I (OCT 2014) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision. (a) Definitions. As used in this provision-- Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: ''Guidance for Executive Order 13673, 'Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for--  (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.  "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.  "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ''labor laws''. "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials.

Specimen Respository to Store Biologic Samples

Department of Health and Human Services, Centers for Disease Control and Prevention | Published June 5, 2014  -  Deadline July 7, 2014
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The Contractor shall not provide any government documents, information, or licensed material in any form to sources not authorized by NCHS without written approval during the period of performance of this requirement and any time afterwards. Execution of non-disclosure statements will be required. There are no clauses/provisions included in this section. H.3 Review of Data The following persons may review the data: NCHS Project Officer and Contracting Officer Representative; NCDC&P Project Representative, NIH Project Representative, the NHANES Data collection contractor, and outside consultants as requested by the Project Officer or Alternate Project Officer. H.4 Identification and Disposition of Data The Contractor guarantees that it will not tabulate, analyze, release or use the data without prior written approval of the Contracting Office and the Project Officer. The Contractor will release all tabulations and reports solely to the Project Officers or their designee. Copies of quality control data may be maintained in the contracting laboratory. If method development is done as part of this project, the Contractor may keep that data. All biologic specimens must be returned to the Project Officer and may not be used for other purposes unless approved by the Project Officer. H.5 Smoke Free Working Environment (May 2009) In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities. (End of Clause) H.6 Privacy Act (Sep 2009) (a) Notification is hereby given that the Contractor and its employees are subject to criminal penalties for violation of the Privacy Act to the same extent as employees of the Government. The Contractor shall assure that each of its employees knows the prescribed rules of conduct and that each is aware that he or she can be subjected to criminal penalty for violation of the Act. A copy of 45 CFR Part 5b, Privacy Act Regulations, may be obtained at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl. (b) The COTR is hereby designated as the official who is responsible for monitoring contractor compliance with the Privacy Act. (c) The Contractor shall follow the Privacy Act guidance as outlined in the Privacy Act of 1974 (5 USC 552a) and Section 308(d) of the Public Health Service Act. (End of Clause) H.7 Dissemination of Information (May 2010) No information related to data obtained under this contract shall be released or publicized without the prior written consent of the COR. (End of Clause) H.8 Data Subject to Confidentiality Requirements (May 1998) The type(s) of data subject to the Clause at 352.224-70, Confidentiality of Information, which has been incorporated by reference in Section I, are as follows: All Data generated by this procurement, including personally identifying information. Following are the requirements for handling these data: The Contractor is prohibited from publicizing or disseminating information without the prior review and comment of the Project Officer. All data and products developed under this contract shall become and remain the property of the Government. H.9 Issuance of Task/Delivery Orders The Contractor shall be capable of providing the staff necessary to conduct the required work. The timing, magnitude, and scope of each requirement cannot be predicted until the Government determines the specific work to be performed. The Contractor should expect a fluctuating workload throughout the performance period of this contract and will provide the technical, professional, managerial, and clerical support required to complete the task order successfully. The technical monitor, project officer, or designee may accompany the Contractor to each site for the purpose of monitoring the Contractors startup activities and may elect to remain at the site to monitor Contractor activities. Performance hereunder shall be accomplished by task orders issued under this contract in accordance with the following procedure: As the Government identifies specific requirements for work to be performed under this contract, a Task Delivery Order will be issued unilaterally. The Order will detail the requirements and associated funding. The NCHS program official will subsequently provide a predetermined delivery schedule for those requirements. If the Contractor does not accept the Task/Delivery Order and cannot reach agreement on an individual task order basis, it shall be considered a dispute and handled according to the provision of the contract in Section I, FAR 52.233-01 Disputes - Alternate I" (Oct 1995). H.10 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999) The contractor is hereby notified of the restrictions on the use of Department of Health and Human Service's funding for lobbying of Federal, State and Local legislative bodies. Section 1352 of Title 10, United Stated Code (Public Law 101-121, effective 12/23/89), among other things, prohibits a recipient (and their subcontractors) of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds (other than profits from a federal contract) to pay 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 in connection with any of the following covered Federal actions; the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. For additional information of prohibitions against lobbying activities, see FAR Subpart 3.8 and FAR Clause 52.203-12. In addition, the current Department of Health and Human Services Appropriations Act provides that no part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support, or defeat legislation pending before the Congress, or any State or Local legislature except in presentation to the Congress, or any State or Local legislative body itself. The current Department of Health and Human Services Appropriations Act also provides that no part of any appropriation contained in this Act shall be used to pay the salary or expenses of any contract or grant recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress, or any State or Local legislature. (End of Clause) H.11 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006) (a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC. (b) The NDA made part of this clause, exhibit I and II , is required in service contracts where positions and/or functions proposed to be filled by contractor's employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor's employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor's work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states "All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed." (c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements. (d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors' employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC. (e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information may be discussed. (f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee's name, position, date of hire and NDA requirement. EXHIBIT I Centers for Disease Control and Prevention (CDC) Contractor Non-Disclosure Agreement I. Non-public Information [Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. In order to properly safeguard non-public information, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the contracting official the original signed copies of NDAs signed by the contractor's employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official. Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee's responsibilities to the CDC. II. Procurement-Sensitive Information Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee's responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information. III. Identification of Non-Government Employees Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures: A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), contractors' employees will identify themselves as an employee of a contractor. B. Contractors' employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC: Employee's name Name of contractor Center or office affiliation Centers for Disease Control and Prevention C. At the beginning of telephone conversations or conference calls, contractors' employees will identify themselves as an employee of a contractor. D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo. E. Contractors' employees will program CDC voice mail message to identify themselves as an employee of a contractor. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement. Name of contractor: ___________________________________ Signature of Authorized Representative of Contractor:_________________________________ Date:________________ Copies retained by: contracting official and contractor EXHIBIT II Centers for Disease Control and Prevention (CDC) Contractors' Employee Non-Disclosure Agreement I. Non-Public Information I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. I [Name of Employee], agree to use non-public information only in performance of my responsibilities to the CDC. I agree further that I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any non-public information that I may obtain in connection with the performance of my responsibilities to the CDC. II. Procurement-Sensitive Information I further agree that unless I have prior written permission from the CDC, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any procurement-sensitive information gained in connection with the performance of my responsibilities to the CDC. I specifically agree not to disclose any non-public, procurement-sensitive information to employees of my company or any other organization unless so authorized in writing by the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the acquisition; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. I understand and agree that my access to any procurement-sensitive information may create a conflict of interest which will preclude me, my current employer, or a future employer from becoming a competitor for any resulting government acquisition derived from this information. Therefore, if I participate in any discussions relating to procurement-sensitive information, assist in developing any procurement-sensitive information, or otherwise obtain any procurement-sensitive information during the course of performing my duties at the CDC, I understand and agree that I, my current employer, and any future employer(s) are excluded from competing for any resulting acquisitions. III. Special Non-Disclosure Clause for Contractors with Access to CDC Grants Management and Procurement-Related Information Technology Systems In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC's grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and which have been approved in advance by the CDC. I understand that I am not authorized to enter procurement requests for any requirements pertaining to contracts or subcontracts held by me or my employer. IV. Identification as a Non-Government Employee I understand that as an employee of a government contractor, I represent an independent organization and I am not an agent of the Government. Therefore, I agree that unless I have prior written authorization from the CDC, I will, at the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), identify myself as an employee of a contractor. I further agree to use the following identification procedures in connection with my work at the CDC: A. I will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages: Employee's name Name of contractor Center or office Affiliation Centers for Disease Control and Prevention A. I will identify myself as an employee of a contractor at the beginning of telephone conversations or conference calls: B. I will not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises; the only other exception is when a CDC management official has granted permission to use the CDC logo. D. I will program my CDC voice mail message to identify myself as a contractors' employee. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. I acknowledge that I have read and fully understand this agreement. Name of contractor: ___________________________________ Name of Employee:___________________________ Signature of Employee:_________________________________ Date:________________ Copies retained by: contracting official, contractor, and Employee (End of Clause) H.12 Smoke Free Environment Certification (Sep 2008) The Centers for Disease Control and Prevention (CDC) recognizes that secondhand smoke (SHS) exposure poses serious health risks to nonsmokers. SHS exposure in the workplace has been linked to an increased risk for heart disease and lung cancer among adult nonsmokers. SHS has been designated as a known carcinogen (cancer-causing agent) by the National Toxicology Program of the U.S. Environmental Protection Agency and by the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that SHS is an occupational carcinogen. There is no risk-free level of SHS exposure. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate this exposure. SHS is an important preventable cause of death from cancer and other illnesses, and many Americans, both adults and children, remain at significant risk from SHS exposure. It is the CDC's intent to protect the health of all CDC employees and reduce cancer and other serious health hazards caused by SHS exposure. Therefore, all meetings and conferences organized and/or sponsored or co-sponsored by the CDC shall be held in a conference venue that provides a smoke-free environment. A smoke-free conference venue is defined as a venue that makes ALL public places in the hotel and in all meeting facilities smoke-free. This includes, but is not limited to, meeting rooms, common areas such as lobbies and hallways, all indoor public spaces, all indoor employee work areas, restaurants (including restaurant bar areas), and lounges. Conferences include symposia, seminars, workshops, and any other organized and formal meeting lasting one or more days, where CDC personnel assemble to exchange information and views or explore or clarify a defined subject, problem, or area of knowledge. CERTIFICATION: Offeror's acceptance of any resulting contract certifies that the meeting/conference venue provided is "smoke-free" and that all CDC personnel attending said meeting/conference will be doing so in a smoke-free environment. (End of Clause) H.13 Government Property (Jan 2000) (a) Government-Furnished Property (GFP). The Government reserves the right to supply the Contractor, as Government-furnished property, any additional supplies, equipment, and materials determined by the Contracting Officer to be necessary and in the best interest of the Government in the performance of this contract provided the property is furnished, or the Contractor is notified of the Government's intent to furnish it, prior to the Contractor's commitment to acquire such items. (b) Contractor-Acquired Property (CAP). Regardless of the place of performance, when the costs of such items will be charged to the contract, the Contractor must receive written consent from the Contracting Officer prior to purchase of any item which requires such consent under FAR 52.244-2 (see Section I, FAR 52.244-2, paragraphs (c), (d) and (e)). (c) If performance of this contract is within and on Government facilities, and the Government-furnished property or contractor-acquired property is for use only within or on the Government facilities, the control and accountable record keeping for such property shall be retained by the Government (see FAR 52.245-1, Property Records). The Contractor shall remain accountable for loss or damage, but will not be required to submit an annual inventory or place its own bar codes on the items. The Government will provide property labels and other identification for contractor-acquired Government property under this paragraph. (d) If performance of this contract is not within Government facilities, and there is either Government-furnished property or contractor-acquired property being used in performance of the work, the Contractor shall be responsible for the control and accountable record keeping for such property in accordance with FAR Subpart 45.5 as supplemented by HHS Publication (OS) 74.115 entitled "Contractor's Guide for Control of Government Property," a copy of which will be provided upon request. (e) The Chief of Material Management Branch, PGO, Centers for Disease Control and Prevention (CDC), is hereby designated as the Property Administrator for this contract. The Contractor agrees to furnish information regarding the Government property under this contract to the Property Administrator, an authorized representative, or a duly designated successor(s). The Contractor shall identify each item of equipment furnished by the Government to the Contractor or acquired by the Contractor using contract funds, with a suitable decal, tag, or other marking, as prescribed by the Property Administrator, and shall follow the guidance set forth in the "Contractor's Guide for Control of Government Property." (End of Clause) H.14 Needle Exchange No funds appropriated in the FY 14 Appropriations Act and obligated to this contract may be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (End of Clause) H-15 Rights in Data The Contractor is prohibited from publicizing or disseminating information without the prior written approval of the Project Officer. All data and products developed under this contract shall become and remain the property of the Government. The Contractor guarantees that it will not tabulate, analyze, release or use the data without prior written approval of the Project Officer. The Contractor will release all tabulations and reports solely to the Project Officer or his/her designee. Copies of quality control data may be maintained in the contracting laboratory. If method development is done as part of this project, the Contractor may keep that data. All biologic specimens must be returned to the Project Officer and may not be used for other purposes unless approved by the Project Officer. Section I - Contract Clauses I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acqnet.gov http://farsite.hill.af.mil/(End of Clause) FAR SOURCE TITLE AND DATE FAR 52.202-1 Definitions (Jan 2012) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-5 Covenant Against Contingent Fees (Apr 1984) FAR 52.203-6 Restrictions on SubContractor Sales to the Government (Sep 2006) FAR 52.203-7 Anti-Kickback Procedures (Oct 2010) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.204-4 Printed or Copied Double-Sided on Fiber Content Paper (May 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) FAR 52.204-13 System for Award Management (Jul 2013) FAR 52.209-6 Protecting the government's Interests When Subcontracting with Contractors Debarred, suspended, or Proposed for Debarment (Aug 2013) FAR 52.215-2 Audit and Records - Negotiation (Oct 2010) FAR 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) FAR 52.215-10 Price Reduction for Defective Cost or Pricing Data (Aug 2011) FAR 52.215-12 Subcontractor Cost or Pricing Data (Oct 2010) FAR 52.215-14 Integrity of Unit Prices (Oct 2010) FAR 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) FAR 52.215-18 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) other than Pensions (Jul 2005) FAR 52.215-19 Notification of Ownership Changes (Oct 1997) FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data - Modifications (Oct 2010) FAR 52.219-8 Utilization of Small Business Concerns (Jul 2013) FAR 52.219-9 Small Business Subcontracting Plan (Jul 2013) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999) FAR 52.222.35 Equal Opportunity for Veterans (Sep 2010) FAR 52.222-36 Affirmative Action for Workers with Disabilities ((Oct 2010) FAR 52.222-37 Employment Reports on Veterans (Sep 2010) FAR 52.222.40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222.50 Combating Trafficking in Persons (Feb 2009) FAR 52.222-54 Employment Eligibility Verification (August 2013) FAR 52.223-06 Drug-Free Workplace (May 2001) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.225-1 Buy American Act-Supplies (Feb 2009) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) FAR 52.229-3 Federal, State and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-9 Limitation on Withholding of Payments (Apr 1984) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-17 Interest (Oct 2010) FAR 52.232-23 Assignment of Claims (Jan 1986) FAR 52.232-25 Prompt Payment (Jul 2013) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Jul 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (July 2002) FAR 52.233-2 Service of Protest (Sep 2006) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.233.71 Litigation and Claims (Jan 2006) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.243-1 Changes - Fixed-Price, Alternate II (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Items (Dec 2013) FAR 52.246-4 Inspection of Services - Fixed Price (Aug 1996) FAR 52.246-25 Limitation of Liability Services (Feb 1997) FAR 52.249-2 Termination for the Convenience of the Government Fixed Price (Apr 2012) FAR 52.249-8 Default Fixed (Price Supply and Service)(Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991) HHSAR 352.202-1 Definitions (January 2006) HHSAR 352.203-70 Anti-Lobbying (Mar 2012) HHSAR 352.215-70 Late Proposals and Revisions (Jan 2006) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010) HHSAR 352.227-70 Publications and Publicity (Jan 2006) HHSAR 352.223-70 Safety and Health (Jan 2006) HHSAR 352.231-71 Pricing of Adjustments (January 2001) HHSAR 352.239-71 Standard for Encryption Language (Jan 2010) HHSAR 352.239-72 Security Requirements for Federal Information Technology Resources (Jan 2010) HHSAR 352.239-73 Electronic and Information Technology Accessibility (Jan 2010) HHSAR 352.270-1 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (Jan 2001) Section I-2 - Clauses Incorporated In Full Text I.1 HHSAR 352.202-1 Definitions (Jan 2006) (a) In accordance with 52.202-1(a)(1), substitute the following as paragraph (a): ‘‘(a) The term ‘‘Secretary'' or ‘‘Head of the Agency'' (also called ‘‘Agency Head'') means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term ‘‘his/her duly authorized representative'' means any person, persons, or board authorized to act for the Secretary.'' (b) In accordance with 52.202-1(a)(1), add the following paragraph (h): ‘‘(h) The term ‘‘Project Officer'' means the person who monitors the technical aspects of contract performance. The Project Officer is not authorized to issue any instructions or directions which cause any increase or decrease in the scope of work which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Project Officer is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.'' (End of Clause) I.2 FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2006) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system. (End of clause) I.3 52.216-22 INDEFINITE QUANTITY (APR 1984) As prescribed in FAR 16.505(e), insert the following clause in solicitations and contracts when an indefinite-quantity contract is contemplated. (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the 'maximum'. The Government shall order at least the quantity of supplies or services designated in the Schedule as the 'minimum'. (c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date for the Base Year and any Option Years exercised. (End of clause) I-4 52.216-18 ORDERING (APR 1984) As prescribed in 16.505(a), insert the following clause in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated. (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award of Contract through the 12 month Period of Performance(POP) for the Base Period and the same POP for any Option Periods awarded.. (b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery order is considered 'issued' when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. (End of clause) I.5 52.216-19 DELIVERY-ORDER LIMITATIONS (APR 1984) As prescribed in 16.505(b), insert a clause substantially the same as follows in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated: (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the amount stated for Line Items 0004/ 0005/and 0006, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of 1/ Lot or 1/ Job for Base Year (Items 0004/0005/and 0006. Any order for a single item in excess of 1 Lot or 1 Job for Years 02 thru 05 for line items 0004 thru 0005. (2) Any order for a combination of items in excess of 4/ Lot or 4/ Jobs for Base Year (Items 0004/0005/and 0006. Any order for a single item in excess of 4/ Lot or 4/ Job for Years 02 thru 05 for line items 0004 thru 0005. (3) A series of orders from the same ordering office within __30____ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) I-6 FAR 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within the Period of Performance of the contract for the Base Year and two Option Years. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. I.7 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days prior to the end of the period of performance. (End of Clause) I.9 FAR 52.239-1 Privacy or Security Safeguards (Aug 1996) (a)The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b)To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the government access to the contractor's facilities, installation, technical capabilities, operations, documentation, records, and databases. (c)If new or unanticipated threats or hazards are discovered by either the government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. (End of Clause) I.10 HHSAR 352.224-70 Privacy Act (Jan 2006) This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records'' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance. (End of clause) I.11 HHSAR 352.231-71 Pricing of adjustments (January 2001) As prescribed in 331.102-70, the Contracting Officer shall insert the following clause: When costs are a factor in determination of a contract price adjustment pursuant to the "Changes" clause or any provision of this contract, the applicable cost principles and procedures set forth below shall form the basis for determining such costs: Cost Principles Types of Organizations Subpart 31.2 of the Federal Acquisition Regulation Commercial Subpart 31.3 of the Federal Acquisition Regulation Educational Subpart 31.6 of the Federal Acquisition Regulation State, local, and federally recognized Indian tribal governments 45 CFR Part 74 Appendix E Hospitals (performing research and development contracts only) Subpart 31.7 of the Federal Acquisition Regulation Other nonprofit organizations (End of clause) I.12 FAR 52.237-3 Continuity of Services (Jan 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to - (1) Furnish phase-in training; and (2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. (End of Clause) I.13 HHSAR 352.233-71 Litigation and Claims (Jan 2006) a) The Contractor shall provide written notification immediately to the Contracting Officer of any action, including any proceeding before an administrative agency, filed against the Contractor arising out of the performance of this contract, including, but not limited to the performance of any subcontract hereunder; and any claim against the Contractor the cost and expense of which is allowable under the clause entitled ‘‘Allowable Cost and Payment.'' (b) Except as otherwise directed by the Contracting Officer, the Contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the Contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the Contractor may, with the Contracting Officer's approval, settle any such action or claim. If required by the Contracting Officer, the Contractor shall effect an assignment and subrogation in favor of the Government of all the Contractor's rights and claims (except those against the Government) arising out of any such action or claim against the Contractor; and authorize representatives of the Government to settle or defend any such action or claim and to represent the Contractor in, or to take charge of, any action. (c) If the Government undertakes a settlement or defense of an action or claim, the Contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the Contractor is not covered by a policy of insurance, the Contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith. The Government shall not be liable for the expense of defending any action or for any costs resulting from the loss thereof to the extent that the Contractor would have been compensated by insurance which was required by law or regulation or by written direction of the Contracting Officer, but which the Contractor failed to secure through its own fault or negligence. In any event, unless otherwise expressly provided in this contract, the Government shall not reimburse or indemnify the Contractor for any liability loss, cost, or expense, which the Contractor may incur or be subject to by reason of any loss, injury or damage, to the person or to real or personal property of any third parties as may accrue during, or arise from, the performance of this contract. (End of clause) I.14 HHSAR 352.242-71 Tobacco-Free Facilities (Jan 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties'' includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy. (End of clause) I.15 HHSAR 352.242-73 Withholding of Contract Payments (Jan 2006) Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled ‘‘Excusable Delays'' or ‘‘Default'', as applicable. The Government shall immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted. (End of clause) I.16 HHSAR 352.239-70 Standard for security configuration (January 2010). As prescribed in 339.101(d)(1), the Contracting Officer shall insert the following clause: (a) The Contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (see http://nvd.nist.gov/fdcc/index.cfm) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level. (Note: FDCC is applicable to all computing systems using Windows XPTM and Windows VistaTM, including desktops and laptops-regardless of function-but not including servers.) (b) The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of HHS. The following security configuration requirements apply: (NOTE: The Contracting Officer shall specify applicable security configuration requirements in solicitations and contracts based on information provided by the Project Officer, who shall consult with the OPDIV/STAFFDIV Chief Information Security Officer.) (c) The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings - see http://scap.nist.gov/validation/.

Laboratory Lipids Analyses for NHANES

Department of Health and Human Services, Centers for Disease Control and Prevention | Published May 30, 2014  -  Deadline June 30, 2015
cpvs

The Contractor shall not provide any government documents, information, or licensed material in any form to sources not authorized by NCHS without written approval during the period of performance of this requirement and any time afterwards. Execution of non-disclosure statements will be required. H.3 Review of Data The following persons may review the data: NCHS Project Officer and Contracting Officer Representative; NCDC&P Project Representative, NIH Project Representative, the NHANES Data collection contractor, and outside consultants as requested by the Project Officer or Alternate Project Officer. H.4 Identification and Disposition of Data The Contractor guarantees that it will not tabulate, analyze, release or use the data without prior written approval of the Contracting Office and the Project Officer. The Contractor will release all tabulations and reports solely to the Project Officers or their designee. Copies of quality control data may be maintained in the contracting laboratory. If method development is done as part of this project, the Contractor may keep that data. All biologic specimens must be returned to the Project Officer and may not be used for other purposes unless approved by the Project Officer. H.5 Smoke Free Working Environment (May 2009) In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities. (End of Clause) H.6 Privacy Act (Sep 2009) (a) Notification is hereby given that the Contractor and its employees are subject to criminal penalties for violation of the Privacy Act to the same extent as employees of the Government. The Contractor shall assure that each of its employees knows the prescribed rules of conduct and that each is aware that he or she can be subjected to criminal penalty for violation of the Act. A copy of 45 CFR Part 5b, Privacy Act Regulations, may be obtained at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl. (b) The COTR is hereby designated as the official who is responsible for monitoring contractor compliance with the Privacy Act. (c) The Contractor shall follow the Privacy Act guidance as outlined in the Privacy Act of 1974 (5 USC 552a) and Section 308(d) of the Public Health Service Act. (End of Clause) H.7 Dissemination of Information (May 2010) No information related to data obtained under this contract shall be released or publicized without the prior written consent of the COR. (End of Clause) H.8 Data Subject to Confidentiality Requirements (May 1998) The type(s) of data subject to the Clause at 352.224-70, Confidentiality of Information, which has been incorporated by reference in Section I, are as follows: All Data generated by this procurement, including personally identifying information. Following are the requirements for handling these data: The Contractor is prohibited from publicizing or disseminating information without the prior review and comment of the Project Officer. All data and products developed under this contract shall become and remain the property of the Government. H.9 Issuance of Task/Delivery Orders The Contractor shall be capable of providing the staff necessary to conduct the required work. The timing, magnitude, and scope of each requirement cannot be predicted until the Government determines the specific work to be performed. The Contractor should expect a fluctuating workload throughout the performance period of this contract and will provide the technical, professional, managerial, and clerical support required to complete the task order successfully. The technical monitor, project officer, or designee may accompany the Contractor to each site for the purpose of monitoring the Contractors startup activities and may elect to remain at the site to monitor Contractor activities. Performance hereunder shall be accomplished by task orders issued under this contract in accordance with the following procedure: As the Government identifies specific requirements for work to be performed under this contract, a Task Delivery Order will be issued unilaterally. The Order will detail the requirements and associated funding. The NCHS program official will subsequently provide a predetermined delivery schedule for those requirements. If the Contractor does not accept the Task/Delivery Order and cannot reach agreement on an individual task order basis, it shall be considered a dispute and handled according to the provision of the contract in Section I, FAR 52.233-01 Disputes - Alternate I" (Oct 1995). H.10 Prohibition on the Use of Appropriated Funds for Lobbying Activities (Jul 1999) The contractor is hereby notified of the restrictions on the use of Department of Health and Human Service's funding for lobbying of Federal, State and Local legislative bodies. Section 1352 of Title 10, United Stated Code (Public Law 101-121, effective 12/23/89), among other things, prohibits a recipient (and their subcontractors) of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds (other than profits from a federal contract) to pay 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 in connection with any of the following covered Federal actions; the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. For additional information of prohibitions against lobbying activities, see FAR Subpart 3.8 and FAR Clause 52.203-12. In addition, the current Department of Health and Human Services Appropriations Act provides that no part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support, or defeat legislation pending before the Congress, or any State or Local legislature except in presentation to the Congress, or any State or Local legislative body itself. The current Department of Health and Human Services Appropriations Act also provides that no part of any appropriation contained in this Act shall be used to pay the salary or expenses of any contract or grant recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress, or any State or Local legislature. (End of Clause) H.11 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006) (a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC. (b) The NDA made part of this clause, exhibit I and II , is required in service contracts where positions and/or functions proposed to be filled by contractor's employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor's employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor's work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states "All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed." (c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements. (d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors' employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC. (e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information may be discussed. (f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee's name, position, date of hire and NDA requirement. EXHIBIT I Centers for Disease Control and Prevention (CDC) Contractor Non-Disclosure Agreement I. Non-public Information [Name of contractor] understands that in order to fulfill the responsibilities pursuant to [Contract name and number] between the Centers for Disease Control and Prevention and [Name of CDC contractor] dated [date], employees of [contractor] will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. In order to properly safeguard non-public information, [contractor] agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, all employees will sign a Non-Disclosure Agreement (NDA) provided by the CDC prior to beginning work for the CDC. Contractor agrees to submit to the contracting official the original signed copies of NDAs signed by the contractor's employees in accordance with the instructions provided by the contracting official. Failure to provide signed NDAs in accordance with this agreement and instructions provided by the contracting official could delay or prevent the employee from commencing or continuing work at the CDC until such agreement is signed and returned to the contracting official. Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee any non-public information that the employee may obtain in connection with the performance of the employee's responsibilities to the CDC. II. Procurement-Sensitive Information Contractor further agrees that it will not cause or encourage any employee to disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, other than an authorized Government employee, any procurement-sensitive information gained while in connection with fulfilling the employee's responsibilities at the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the solicitation; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. Contractor understands and agrees that employee access to any procurement-sensitive information may create a conflict of interest which will preclude contractor from becoming a competitor for any acquisition(s) resulting from this information. Therefore, if an employee participates in any discussions relating to procurement-sensitive information, assists in developing any procurement-sensitive information, or otherwise obtains any procurement-sensitive information during the course of performing duties at the CDC, contractor understands and agrees that contractor are be excluded from competing for any acquisition(s) resulting from this information. III. Identification of Non-Government Employees Contractor understands that its employees are not agents of the Government. Therefore, unless otherwise directed in writing by the CDC, contractor agrees to assist and monitor employee compliance with the following identification procedures: A. At the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), contractors' employees will identify themselves as an employee of a contractor. B. Contractors' employees will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages, in connection with contractual duties to the CDC: Employee's name Name of contractor Center or office affiliation Centers for Disease Control and Prevention C. At the beginning of telephone conversations or conference calls, contractors' employees will identify themselves as an employee of a contractor. D. Contractors should not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises. The only other exception is when a CDC management official has granted permission to use the CDC logo. E. Contractors' employees will program CDC voice mail message to identify themselves as an employee of a contractor. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. Contractor acknowledges that contractor has read and fully understands this agreement. Name of contractor: ___________________________________ Signature of Authorized Representative of Contractor:_________________________________ Date:________________ Copies retained by: contracting official and contractor EXHIBIT II Centers for Disease Control and Prevention (CDC) Contractors' Employee Non-Disclosure Agreement I. Non-Public Information I understand that in order to fulfill my responsibilities as an employee of [Name of CDC contractor], I will have access to non-public information, including confidential and privileged information contained in government-owned information technology systems. For purposes of this agreement, confidential information means government information that is not or will not be generally available to the public. Privileged information means information which cannot be disclosed without the prior written consent of the CDC. I [Name of Employee], agree to use non-public information only in performance of my responsibilities to the CDC. I agree further that I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any non-public information that I may obtain in connection with the performance of my responsibilities to the CDC. II. Procurement-Sensitive Information I further agree that unless I have prior written permission from the CDC, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual other than an authorized Government employee, any procurement-sensitive information gained in connection with the performance of my responsibilities to the CDC. I specifically agree not to disclose any non-public, procurement-sensitive information to employees of my company or any other organization unless so authorized in writing by the CDC. For purposes of this agreement, procurement-sensitive information includes, but is not limited to, all information in Statements of Work (SOW), Requests for Contract (RFC), and Requests for Proposal (RFP); Responses to RFPs, including questions from potential offerors; non-public information regarding procurements; all documents, conversations, discussions, data, correspondence, electronic mail (e-mail), presentations, or any other written or verbal communications relating to, concerning, or affecting proposed or pending solicitations or awards; procurement data; contract information plans; strategies; source selection information and documentation; offerors' identities; technical and cost data; the identity of government personal involved in the acquisition; the schedule of key technical and procurement events in the award determination process; and any other information that may provide an unfair competitive advantage to a contractor or potential contractor if improperly disclosed to them, or any of their employees. I understand and agree that my access to any procurement-sensitive information may create a conflict of interest which will preclude me, my current employer, or a future employer from becoming a competitor for any resulting government acquisition derived from this information. Therefore, if I participate in any discussions relating to procurement-sensitive information, assist in developing any procurement-sensitive information, or otherwise obtain any procurement-sensitive information during the course of performing my duties at the CDC, I understand and agree that I, my current employer, and any future employer(s) are excluded from competing for any resulting acquisitions. III. Special Non-Disclosure Clause for Contractors with Access to CDC Grants Management and Procurement-Related Information Technology Systems In addition to complying with the non-disclosure requirements and safeguards stated above, I understand that my authorization to use CDC's grants management and procurement systems is strictly limited to the access and functions necessary for the performance of my responsibilities to the CDC and which have been approved in advance by the CDC. I understand that I am not authorized to enter procurement requests for any requirements pertaining to contracts or subcontracts held by me or my employer. IV. Identification as a Non-Government Employee I understand that as an employee of a government contractor, I represent an independent organization and I am not an agent of the Government. Therefore, I agree that unless I have prior written authorization from the CDC, I will, at the beginning of interactions with CDC employees, employees of other governmental entities, members of the public, or the media (when such communication or interaction relates to the contractor's work with the CDC), identify myself as an employee of a contractor. I further agree to use the following identification procedures in connection with my work at the CDC: A. I will include the following disclosures in all written communications, including outgoing electronic mail (e-mail) messages: Employee's name Name of contractor Center or office Affiliation Centers for Disease Control and Prevention A. I will identify myself as an employee of a contractor at the beginning of telephone conversations or conference calls: B. I will not wear any CDC logo on clothing, except for a CDC issued security badge while carrying out work for CDC or on CDC premises; the only other exception is when a CDC management official has granted permission to use the CDC logo. D. I will program my CDC voice mail message to identify myself as a contractors' employee. I understand that federal laws including, 18 U.S.C. 641 and 18 U.S.C. 2071, provide criminal penalties for, among other things, unlawfully removing, destroying or converting to personal use, or use of another, any public records. I acknowledge that I have read and fully understand this agreement. Name of contractor: ___________________________________ Name of Employee:___________________________ Signature of Employee:_________________________________ Date:________________ Copies retained by: contracting official, contractor, and Employee (End of Clause) H.12 Smoke Free Environment Certification (Sep 2008) The Centers for Disease Control and Prevention (CDC) recognizes that secondhand smoke (SHS) exposure poses serious health risks to nonsmokers. SHS exposure in the workplace has been linked to an increased risk for heart disease and lung cancer among adult nonsmokers. SHS has been designated as a known carcinogen (cancer-causing agent) by the National Toxicology Program of the U.S. Environmental Protection Agency and by the International Agency for Research on Cancer (IARC). The National Institute for Occupational Safety and Health has concluded that SHS is an occupational carcinogen. There is no risk-free level of SHS exposure. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate this exposure. SHS is an important preventable cause of death from cancer and other illnesses, and many Americans, both adults and children, remain at significant risk from SHS exposure. It is the CDC's intent to protect the health of all CDC employees and reduce cancer and other serious health hazards caused by SHS exposure. Therefore, all meetings and conferences organized and/or sponsored or co-sponsored by the CDC shall be held in a conference venue that provides a smoke-free environment. A smoke-free conference venue is defined as a venue that makes ALL public places in the hotel and in all meeting facilities smoke-free. This includes, but is not limited to, meeting rooms, common areas such as lobbies and hallways, all indoor public spaces, all indoor employee work areas, restaurants (including restaurant bar areas), and lounges. Conferences include symposia, seminars, workshops, and any other organized and formal meeting lasting one or more days, where CDC personnel assemble to exchange information and views or explore or clarify a defined subject, problem, or area of knowledge. CERTIFICATION: Offeror's acceptance of any resulting contract certifies that the meeting/conference venue provided is "smoke-free" and that all CDC personnel attending said meeting/conference will be doing so in a smoke-free environment. (End of Clause) H.13 Government Property (Jan 2000) (a) Government-Furnished Property (GFP). The Government reserves the right to supply the Contractor, as Government-furnished property, any additional supplies, equipment, and materials determined by the Contracting Officer to be necessary and in the best interest of the Government in the performance of this contract provided the property is furnished, or the Contractor is notified of the Government's intent to furnish it, prior to the Contractor's commitment to acquire such items. (b) Contractor-Acquired Property (CAP). Regardless of the place of performance, when the costs of such items will be charged to the contract, the Contractor must receive written consent from the Contracting Officer prior to purchase of any item which requires such consent under FAR 52.244-2 (see Section I, FAR 52.244-2, paragraphs (c), (d) and (e)). (c) If performance of this contract is within and on Government facilities, and the Government-furnished property or contractor-acquired property is for use only within or on the Government facilities, the control and accountable record keeping for such property shall be retained by the Government (see FAR 52.245-1, Property Records). The Contractor shall remain accountable for loss or damage, but will not be required to submit an annual inventory or place its own bar codes on the items. The Government will provide property labels and other identification for contractor-acquired Government property under this paragraph. (d) If performance of this contract is not within Government facilities, and there is either Government-furnished property or contractor-acquired property being used in performance of the work, the Contractor shall be responsible for the control and accountable record keeping for such property in accordance with FAR Subpart 45.5 as supplemented by HHS Publication (OS) 74.115 entitled "Contractor's Guide for Control of Government Property," a copy of which will be provided upon request. (e) The Chief of Material Management Branch, PGO, Centers for Disease Control and Prevention (CDC), is hereby designated as the Property Administrator for this contract. The Contractor agrees to furnish information regarding the Government property under this contract to the Property Administrator, an authorized representative, or a duly designated successor(s). The Contractor shall identify each item of equipment furnished by the Government to the Contractor or acquired by the Contractor using contract funds, with a suitable decal, tag, or other marking, as prescribed by the Property Administrator, and shall follow the guidance set forth in the "Contractor's Guide for Control of Government Property." (End of Clause) H.14 Laboratory License Requirements (May 1998) The Contractor shall comply with all applicable requirements of Section 353 of the Public Health Service Act (Clinical Laboratory Improvement Act as amended). This requirement shall also be included in any subcontract for services under the contract. (End of Clause) H.15 Needle Exchange No funds appropriated in the FY 14 Appropriations Act and obligated to this contract may be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (End of Clause) H-16 Rights in Data The Contractor is prohibited from publicizing or disseminating information without the prior written approval of the Project Officer. All data and products developed under this contract shall become and remain the property of the Government. The Contractor guarantees that it will not tabulate, analyze, release or use the data without prior written approval of the Project Officer. The Contractor will release all tabulations and reports solely to the Project Officer or his/her designee. Copies of quality control data may be maintained in the contracting laboratory. If method development is done as part of this project, the Contractor may keep that data. All biologic specimens must be returned to the Project Officer and may not be used for other purposes unless approved by the Project Officer. Section I - Contract Clauses I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acqnet.gov http://farsite.hill.af.mil/(End of Clause) FAR SOURCE TITLE AND DATE FAR 52.202-1 Definitions (Jan 2012) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-5 Covenant Against Contingent Fees (Apr 1984) FAR 52.203-6 Restrictions on SubContractor Sales to the Government (Sep 2006) FAR 52.203-7 Anti-Kickback Procedures (Oct 2010) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Righs (Apr 2014) FAR 52.204-4 Printed or Copied Double-Sided on Fiber Content Paper (May 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) FAR 52.204-13 System for Award Management (Jul 2013) FAR 52.209-6 Protecting the government's Interests When Subcontracting with Contractors Debarred, suspended, or Proposed for Debarment (Aug 2013) FAR 52.215-2 Audit and Records - Negotiation (Oct 2010) FAR 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) FAR 52.215-10 Price Reduction for Defective Cost or Pricing Data (Aug 2011) FAR 52.215-12 Subcontractor Cost or Pricing Data (Oct 2010) FAR 52.215-14 Integrity of Unit Prices (Oct 2010) FAR 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) FAR 52.215-18 Reversion or Adjustment ofPlans for Post Retirement Benefits (PRB) other than Pensions (Jul 2005) FAR 52.215-19 Notification of Ownership Changes (Oct 1997) FAR 52.215-21 Requiements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data - Modifications (Oct 2010) FAR 52.219-8 Utilization of Small Business Concerns (Jul 2013) FAR 52.219-9 Small Business Subcontracting Plan (Jul 2013) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999) FAR 52.222.35 Equal Opportunity for Veterans (Sep 2010) FAR 52.222-36 Affirmative Action for Workers with Disabilities ((Oct 2010) FAR 52.222-37 Employment Reports on Veterans (Sep 2010) FAR 52.222.40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) FAR 52.222.50 Combating Trafficking in Persons (Feb 2009) FAR 52.222-54 Employment Eligibility Verification (August 2013) FAR 52.223-06 Drug-Free Workplace (May 2001) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.225-1 Buy American Act-Supplies (Feb 2009) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) FAR 52.229-3 Federal, State and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-9 Limitation on Withholding of Payments (Apr 1984) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-17 Interest (Oct 2010) FAR 52.232-23 Assignment of Claims (Jan 1986) FAR 52.232-25 Prompt Payment (Jul 2013) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Jul 2013) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.233-1 Disputes (July 2002) FAR 52.233-2 Service of Protest (Sep 2006) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.233.71 Litigation and Claims (Jan 2006) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.243-1 Changes - Fixed-Price, Alternate II (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Items (Dec 2013) FAR 52.246-4 Inspection of Services - Fixed Price (Aug 1996) FAR 52.246-25 Limitation of Liability Services (Feb 1997) FAR 52.249-2 Termination for the Convenience of the Government Fixed Price (Apr 2012) FAR 52.249-8 Default Fixed (Price Supply and Service)(Apr 1984) FAR 52.253-1 Computer Generated Forms (Jan 1991) HHSAR 352.202-1 Definitions (January 2006) HHSAR 352.203-70 Anti-Lobbying (Mar 2012) HHSAR 352.215-70 Late Proposals and Revisions (Jan 2006) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Jan 2010) HHSAR 352.227-70 Publications and Publicity (Jan 2006) HHSAR 352.223-70 Safety and Health (Jan 2006) HHSAR 352.231-71 Pricing of Adjustments (January 2001) HHSAR 352.239-71 Standard for Encryption Language (Jan 2010) HHSAR 352.239-72 Security Requirements for Federal Information Technology Resources (Jan 2010) HHSAR 352.239-73 Electronic and Information Technology Accessibility (Jan 2010) HHSAR 352.270-1 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities ( (Jan 2001) Section I-2 - Clauses Incorporated In Full Text I.1 HHSAR 352.202-1 Definitions (Jan 2006) (a) In accordance with 52.202-1(a)(1), substitute the following as paragraph (a): ‘‘(a) The term ‘‘Secretary'' or ‘‘Head of the Agency'' (also called ‘‘Agency Head'') means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term ‘‘his/her duly authorized representative'' means any person, persons, or board authorized to act for the Secretary.'' (b) In accordance with 52.202-1(a)(1), add the following paragraph (h): ‘‘(h) The term ‘‘Project Officer'' means the person who monitors the technical aspects of contract performance. The Project Officer is not authorized to issue any instructions or directions which cause any increase or decrease in the scope of work which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Project Officer is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.'' (End of Clause) I.2 FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2006) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system. (End of clause) I.3 52.216-22 INDEFINITE QUANTITY (APR 1984) As prescribed in FAR 16.505(e), insert the following clause in solicitations and contracts when an indefinite-quantity contract is contemplated. (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the 'maximum'. The Government shall order at least the quantity of supplies or services designated in the Schedule as the 'minimum'. (c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date for the Base Year and any Option Years exercised. (End of clause) I-4 52.216-18 ORDERING (APR 1984) As prescribed in 16.505(a), insert the following clause in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated. (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award of Contract through the 12 month Period of Performance(POP) for the Base Period and the same POP for any Option Periods awarded.. (b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery order is considered 'issued' when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. (End of clause) I.5 52.216-19 DELIVERY-ORDER LIMITATIONS (APR 1984) As prescribed in 16.505(b), insert a clause substantially the same as follows in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated: (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 24 Specimen Tests the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of _24 Specimen Tests; (2) Any order for a combination of items in excess of 4600 Specimen Tests; (3) A series of orders from the same ordering office within __30____ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) I-6 FAR 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within the Period of Performance of the contract for the Base Year and two Option Years. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. I.7 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days prior to the end of the period of performance. (End of Clause) I.9 FAR 52.239-1 Privacy or Security Safeguards (Aug 1996) (a)The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b)To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the government access to the contractor's facilities, installation, technical capabilities, operations, documentation, records, and databases. (c)If new or unanticipated threats or hazards are discovered by either the government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. (End of Clause) I.10 HHSAR 352.224-70 Privacy Act (Jan 2006) This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) [5 U.S.C. 552a(m)(1)] and applicable agency regulations. The term ‘‘system of records'' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties [5 U.S.C. 552a(i)]. The Contractor shall ensure that each of its employees knows the prescribed rules of conduct and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement: (a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and (b) specifies the disposition to be made of such records upon completion of contract performance. (End of clause) I.11 HHSAR 352.231-71 Pricing of adjustments (January 2001) As prescribed in 331.102-70, the Contracting Officer shall insert the following clause: When costs are a factor in determination of a contract price adjustment pursuant to the "Changes" clause or any provision of this contract, the applicable cost principles and procedures set forth below shall form the basis for determining such costs: Cost Principles Types of Organizations Subpart 31.2 of the Federal Acquisition Regulation Commercial Subpart 31.3 of the Federal Acquisition Regulation Educational Subpart 31.6 of the Federal Acquisition Regulation State, local, and federally recognized Indian tribal governments 45 CFR Part 74 Appendix E Hospitals (performing research and development contracts only) Subpart 31.7 of the Federal Acquisition Regulation Other nonprofit organizations (End of clause) I.12 FAR 52.237-3 Continuity of Services (Jan 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to - (1) Furnish phase-in training; and (2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. (End of Clause) I.13 HHSAR 352.233-71 Litigation and Claims (Jan 2006) a) The Contractor shall provide written notification immediately to the Contracting Officer of any action, including any proceeding before an administrative agency, filed against the Contractor arising out of the performance of this contract, including, but not limited to the performance of any subcontract hereunder; and any claim against the Contractor the cost and expense of which is allowable under the clause entitled ‘‘Allowable Cost and Payment.'' (b) Except as otherwise directed by the Contracting Officer, the Contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the Contractor with respect to such action or claim. To the extent not in conflict with any applicable policy of insurance, the Contractor may, with the Contracting Officer's approval, settle any such action or claim. If required by the Contracting Officer, the Contractor shall effect an assignment and subrogation in favor of the Government of all the Contractor's rights and claims (except those against the Government) arising out of any such action or claim against the Contractor; and authorize representatives of the Government to settle or defend any such action or claim and to represent the Contractor in, or to take charge of, any action. (c) If the Government undertakes a settlement or defense of an action or claim, the Contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. Where an action against the Contractor is not covered by a policy of insurance, the Contractor shall, with the approval of the Contracting Officer, proceed with the defense of the action in good faith. The Government shall not be liable for the expense of defending any action or for any costs resulting from the loss thereof to the extent that the Contractor would have been compensated by insurance which was required by law or regulation or by written direction of the Contracting Officer, but which the Contractor failed to secure through its own fault or negligence. In any event, unless otherwise expressly provided in this contract, the Government shall not reimburse or indemnify the Contractor for any liability loss, cost, or expense, which the Contractor may incur or be subject to by reason of any loss, injury or damage, to the person or to real or personal property of any third parties as may accrue during, or arise from, the performance of this contract. (End of clause) I.14 HHSAR 352.242-71 Tobacco-Free Facilities (Jan 2006) In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties'' includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by law and compliance with the provisions of any current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy. (End of clause) I.15 HHSAR 352.242-73 Withholding of Contract Payments (Jan 2006) Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled ‘‘Excusable Delays'' or ‘‘Default'', as applicable. The Government shall immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted. (End of clause) I.16 HHSAR 352.239-70 Standard for security configuration (January 2010). As prescribed in 339.101(d)(1), the Contracting Officer shall insert the following clause: (a) The Contractor shall configure its computers that contain HHS data with the applicable Federal Desktop Core Configuration (FDCC) (see http://nvd.nist.gov/fdcc/index.cfm) and ensure that its computers have and maintain the latest operating system patch level and anti-virus software level. (Note: FDCC is applicable to all computing systems using Windows XPTM and Windows VistaTM, including desktops and laptops-regardless of function-but not including servers.) (b) The Contractor shall apply approved security configurations to information technology (IT) that is used to process information on behalf of HHS. The following security configuration requirements apply: (NOTE: The Contracting Officer shall specify applicable security configuration requirements in solicitations and contracts based on information provided by the Project Officer, who shall consult with the OPDIV/STAFFDIV Chief Information Security Officer.) (c) The Contractor shall ensure IT applications operated on behalf of HHS are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. The Contractor shall use Security Content Automation Protocol (SCAP)-validated tools with FDCC Scanner capability to ensure its products operate correctly with FDCC configurations and do not alter FDCC settings - see http://scap.nist.gov/validation/.

Bridge Contract for1 Month and 2 days for Tier I and 3 Months for Tier II Help Desk Support for DLA Columbus

Defense Logistics Agency, DLA Acquisition Locations | Published June 26, 2013  -  Deadline June 27, 2013
cpvs

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.] (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that 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. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) 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; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do 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. 6.2 DFARS 252.212-7000 Offeror Representations and Certifications--Commercial Items. (JUN 2005) (a) Definitions. As used in this clause- (1) "Foreign person" means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. 6.3 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) Definitions. As used in this provision- (1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include- •(1) Identification of each government holding a significant interest; and •(2) (2) A description of the significant interest held by each government 6.4 VENDOR SECURITY REQUIREMENTS DFARS 252.239-7001 - INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION Information Assurance Contractor Training and Certification (JAN 2008) •Ø The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements including: •a. DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01-M •b. Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01-M •Ø Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnel performing information assurance functions. •Ø Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions. Note: Requirements for access to a Government site, facility, system or network may vary based on unique requirements at an individual site and the administrative policies of the parent Government organization. The COR and/or COTR will assist in the clarification of actions required to facilitate completion of unique local access requirements. The following paragraphs establish the minimum security requirements for performance under this contract. DFARS 239.7102-3 Information Assurance Contractor Training and Certification For Acquisitions that include information assurance functional services for DoD information systems, or that require appropriately cleared contractor personnel to access a DoD information system to perform contract duties, the requiring activity is responsible for providing the Contracting Officer - •1) A list of information assurance functional responsibilities for DoD information systems by category (e.g., technical or management) and level (e.g., computing environment, network environment, or enclave); and •2) The information assurance training, certification, certification maintenance, and continuing education or sustainment training required for the information assurance functional responsibilities. •Ø After contract award, the requiring activity is responsible for ensuring that the certifications and certification status of all contractor personnel performing information assurance functions as described in DoD 8570.01M, Information Assurance Workforce Improvement Program, are in compliance with the manual and are identified, documented and tracked. •Ø The responsibilities specified in paragraphs (a) and (b) of this section apply to all DoD information assurance duties supported by a contractor, whether performed full-time or part-time as additional or embedded duties, and when using a DoD contract, or a contract or agreement administered by another agency (e.g., under an interagency agreement). •Ø The following table summarizes the types of IA Certifications needed for Tier 1 and Tier 2 personnel at DLA Information Operations at Columbus: •Ø The vendor personnel under this contract as of the date of award that are identified as performing •Ø Information Assurance (IA) Technical or Management functions will have until December 31, •Ø 2011 to comply with one of the following certification requirements for the IAT Level I: •Ø IAT Level I - A+ (Basic System Administration) •Ø IAT Level I - Network+ (Basic Network Administration) •Ø IAT Level I - SCCP (System Security Certified Practitioner) •Ø IAT Level II - Security+ (Requirement for CERT) •Ø IAM Level I - Security+ (Requirement for Information Assurance) The applicable Government PM will determine the appropriate IAT Level for certification purposes regarding the vendor personnel under this task order. The Vendor will be responsible for all associated costs related to IA 8570 training and certification for the vendor personnel under this task order. The Vendor will notify the applicable Government PM three (3) weeks in advance of training that will require the vendor personnel to be out of the office for one or more consecutive weeks. •Ø Table 3: Positions and Certifications DLA Branch Department Position Description A+ Security + CCNA NOSC-ND NOSC NOSC Service Desk Specialist-Tier 2 x NOSC-ND NOSC NOSC Service Desk Specialist-Tier 2 x NOSC-ND NOSC NOSC Service Desk Specialist-Tier 2 x NOSC-ND NOSC NOSC Service Desk Specialist-Tier 2 x NOSC-ND NOSC Data Base Administrator-Tier 2 x J6CII DHRC Requirement's Analyst-Tier 2 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Help Desk Manager/Site Manager x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6COH End User Support Intermediate HD Analyst-Tier 1 x J6CMI End User Support IA Security Help Desk-Tier 2 x J6CMI End User Support IA Security Help Desk-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-Tier 2 x J6COH End User Support IT Computer Specialist II-REMEDY-Tier 2 x 6.5 SECURITY Work to be performed for the End User Support Services (Help Desk Support) effort will, in full or in part, be conducted at the DLA Information Operations at Columbus, OH. All Government facilities have security requirements and processes that will need to be adhered to by all Vendor resources. For example, all CTA resources working on a Government site are to have a favorably adjudicated National Agency Check (NAC) prior to commencing work on the contract or any other Option Period(s) (if exercised). Other facilities will have the same and/or similar requirements and depending on the location the requirements may vary from site to site. Additionally, in accordance with Department of Defense (DoD) 5200.2-R, DoD Personnel Security Programs, the Defense Logistics Agency Regulation (DLAR) 5200.11, and the DLA Personnel Security Program, all DoD Consultants and Vendor resources who will have access to sensitive Automated Information Systems (AISs), must be assigned to positions which are designated at one of three sensitivity levels, IT-I, IT-II, or IT-III. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-sensitive, all of which require performance of a National Agency Check (NAC). Please note: For the contract and any other Option Periods (if exercised), the Government will not process any security clearances for any foreign nationals. Additionally, the Government will not process any sensitivity level IT-I waivers for any CTA resources. The Vendor shall describe the CTA's ability to provide resources for the effort that meet these requirements and the Government will evaluate the Vendor's ability to comply with this requirement. At the option of the Government, previously completed background investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required NAC. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the Vendor must provide a copy of DLAH Form 1728 for each Vendor resources assigned to support the effort to COR and/or COTR immediately upon receipt of the contract. The following information must be provided on the DLAH 1728 for each Vendor resource that will perform work for the End User Support Services (Tier 1 and 2) effort and/or will require access to Government computer systems regardless of the Vendor's previous security investigations: •1) Full name, with middle initial •2) Social Security Number •3) Citizenship status •4) Date of Birth •5) Place of Birth •6) Company name and address •7) Company phone and fax numbers •8) Company email address •9) Location of on-site workstation or phone number if off-site (if known prior to award) •10) Delivery order or contract number and expiration date •11) Name of Contracting Officer/Sponsoring Officer The Government will notify the Vendor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the Vendor will be notified by the COR and/or COTR. It is the Vendor's responsibility to ensure that adequate information is provided and that each CTA resource completes the appropriate paperwork in order to begin the investigation process. The Vendor shall submit each request for investigation to the Security Office designated by the COR and/or COTR for the proposed effort. Security Office documentation will include: •a) Electronic Personnel Security Questionnaire (EPSQ) (SF 85-P, Questionnaire for Public Trust Positions). This form, as well as instructions for completion, will be sent to the Vendor resources FSO for employees that do not have an acceptable NAC. •b) Fingerprint Card (DD Form 258). The Security Office will advise of acceptable fingerprinting offices upon request. •c) Proof of Citizenship. Birth certificate or passport are acceptable, and must be the original or a certified copy. •d) Required documentation, as set forth above, must be provided to the Security Office within seven days of request. Upon completion of the NAC, results will be forwarded to DLA Information Operations at Columbus Command Security, Personnel Security Division for review and determination regarding the applicant's suitability to occupy the specified position in performance of the End user Support Services (Help Desk Support) effort. Vendor resources shall not commence work on the proposed effort until the NAC has been favorably adjudicated and notification is received from the COR and/or COTR. All CTA resources who are granted access to Government computer systems shall observe all local AIS security policies and procedures as provided by the DLA Information Operations at Columbus Information Systems Security Officer. Violations of local AIS security policy, such as password/CAC Personal Identification Number (PIN) sharing, performing personal work, file access violations, or browsing files outside the scope of the contract and any related Option Period (if exercised), will result in removal of the employee from Government property and referral to the Vendor for appropriate disciplinary action. Actions taken by the Vendor in response to a violation will be evaluated and will be reflected in the CTA's performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government may pursue any other actions under the contract or any related Option Period (if exercised) such as termination. When a Vendor resource is removed, the Vendor PM shall provide an appropriately trained substitute who has met the NAC requirements of this clause. The substitute may not begin work on the End User Support Services (Help Desk Support) effort without written documentation, signed by the DLA CSO-P CO, stating that the new Vendor resource has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing commencement of work pending completion of an investigation. Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract and any related Option Period (if exercised). The Vendor PM shall notify the DLA CSO-P CO in writing, within 12 hours, when a Vendor resource working on the End User Support Services (Tier 1 or Tier 2) effort resigns, is reassigned, terminated or no longer requires admittance to the Government site or access to computer systems. These Vendor security requirements do not excuse the CTA from meeting the delivery schedule set forth in the contract or any related Option Period (if exercised), or waive the delivery schedule in any way. The Vendor shall meet the required delivery schedule unless the DLA CSO-P CO grants a specific waiver or extension in writing. 6.6 ACCESS REQUESTS AND TRAINING The Vendor PM shall submit a DD Form 2875, System Authorization Access Request (SAAR), to the COR and/or COTR for each employee requiring access to a Government computer system and/or LAN.

Intelligence Sharing Policy Development Support Services

Other Defense Agencies, Washington Headquarters Services | Published January 18, 2013  -  Deadline February 8, 2013
cpvs

The contractor will provide support for review of industrial security letters concerning national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base. 3.1.6.3 Industrial Security Forums: The contractor will participate in sessions unique to the cleared defense industrial base such as the National Industrial Security Program Policy Advisory Committee chaired by the Information Security Oversight Office, the DoD Defense Industrial Base Cyber Security/Information Assurance Program under the auspices of the DoD Chief Information Officer, various DoD, and other national interagency or cleared industry entities. 4.0 Reports. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all reports under this effort. 4.1 Monthly Status Report (MSR). The contractor shall submit a monthly report for the contract work during the reporting month and plans for the following two months to the COR by the tenth day of each month. The report shall contain a listing of any Travel and Other Direct Charges. The contractor shall maintain project performance information at a level of detail corresponding to that of the task descriptions. Monthly Status Reports (electronic) will include: Status of deliverables/milestones Issues and resolutions Travel conducted Meetings Attended Resource planning/status Topics or issues identified by the government Description of work completed and plans for next two months Government will provide feedback via monthly Program Management Reviews. 4.2 Trip Reports. Trip reports are required for all travel performed under this contract. 4.3 Progress Reviews. Progress reviews will be performed, as directed, by the appropriate Government Project Officer and COR, and will generally summarize the status and progress of all activities being performed by the contractor under this delivery order. Progress reviews will take place at those locations requested by the appropriate Government Project Officer. At the request of the appropriate Government Project Officer and COR, the contractor will address additional topics. Specific dates for progress reviews will be agreed between the appropriate Government task monitor and COR and the contractor's Program Manager. 5.0 Deliverables. The contractor shall submit all data as required, in the contract in accordance with Table 1. The Government will review deliverables for accuracy and completeness, and provide required changes or comments to the contractor within 15 calendar days or the item is approved without comment. The contractor shall submit any necessary revisions to the document(s) within 15 calendar days after receipt of Government comments. The Government Project Officer in coordination with the COR will determine delivery schedules for specific deliverables as the intelligence mission requirement dictates. Specific studies, activities and/or mission requirement of short duration, may require instances where multiple deliverables for the same item are required. Deliverable Instructions: When directed or as required, documentation shall be delivered in either Microsoft Word, PowerPoint, or Excel soft copy format files unless otherwise specified by the Government Project Officer or COR. Table 1 Deliverable Due Format Non-Disclosure Agreement NLT 14 days after award; and upon replacement of personnel, to the COR Microsoft Word with original employee signature OCI Mitigation Report NLT 14 days after award and annually thereafter, to the COR Microsoft Word Monthly Status Report NLT 10th of each month, to the COR Microsoft Word Program/Progress Reviews of Work Plan NLT 30 days after award and as requested thereafter, to the COR Microsoft Word Trip Report NLT 14 days following completion of travel, to the COR Microsoft Word Policy Issuances As determined by the COR or task lead Microsoft Word Oversight Reports As determined by the COR or task lead Microsoft Word Outreach Reports As determined by the COR or task lead Microsoft Word Security support materials (para 3.1.3) As determined by the COR or task lead Microsoft Word, PowerPoint, or Excel; electronic or hardcopy as directed by the COR or task leads 6.0 Type of Task Order/Period of Performance. This is a Firm Fixed Price task order. The contract will contain a Cost Reimburseable Other Direct Charges. The period of performance will be a base period of 12 months with four 12-month option periods. 7.0 Place of Performance. Work will be performed at the Pentagon, Arlington, VA, Crystal City, VA, or other government sites within the National Capital Region. The Government will furnish office space and office equipment. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I). Recognized Holidays: Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. 8.0 Travel/Other Direct Charges (ODC). The contractor will be reimbursed for allowable, allocable and reasonable Other Direct Charges when approved in advance by the Contracting Officer Representative (COR). 9.0 Security. All tasks must be conducted in full compliance with DoD security regulations. During the period of performance, all contractor personnel will be required to maintain a Top Secret/Sensitive Compartmented Information clearance. All contractor personnel will be required to sign a Non-Disclosure Agreement (attached). 10.0 Contractor Quality Control. The contractor shall perform all technical and administrative planning, coordination, analysis and tracking of the diverse activities and disciplines provided by the contractor to meet the requirements of this contract. The contractor shall manage and control contract resources to assure completion of all tasks within schedule and performance requirements. 11.0 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the task order or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this order is Richard N. Weyrauch, 1550 Crystal Drive Suite 502B Arlington, VA 22202. The Contractor will be notified in writing concerning the replacement of the COR for this task order. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the Contractor. 12.0 Key Personnel Qualifications Unauthorized Disclosure Sr. Functional Analyst: The position requires expert knowledge of national, DoD and Intelligence Community information security policies and procedures. Knowledge of the Department's supporting security functions to include operations security, critical program information/technology protection, declassification, and SCI and SAP security policies is highly desired. The SME should have security review experience, must be familiar with classification guidance construction, and must understand and interpret DoD policy governing disclosure of classified information. The SME must also be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution. The SME must be capable of developing DoD security policy for UD related events, facilitating policy implementation by all components, and overseeing the effectiveness of DoD information security and UD policy throughout the department. The position requires the SME to coordinate with multiple agencies within DoD and with several external government agencies to promote and facilitate the interoperability among those departments and agencies that have interest or equities in preventing and deterring UD events. The SME shall have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field at a minimum is preferred. Office Management Sr. Functional Analyst: The position requires expert knowledge of overall office management and administrative support and office administrative processes. Knowledge of the Department's correspondence staffing procedures, the Defense Travel System, ATAAPS Time and Attendance system, and the Staff Action Control and Coordination Portal is highly desired. The SME should have experience with classified correspondence, expert knowledge of Microsoft Office suite tools, knowledge of government and best business practices, experience in writing, editing, and managing executive correspondence. The SME must be familiar with maintaining, marking, filing, and retaining electronic records in accordance with the Office of the Secretary of Defense federal records disposition schedule approved by the National Archives and Records Administration. The SME must be capable of formatting and some editing of formal letters, memoranda, read ahead briefing/meeting packages, activity reports, senior leadership reports, and travel/training/personnel documents. The position requires the SME to arrange meetings, conferences, and video-teleconferencing, to include taking minutes and maintaining invitation/attendee contact rosters for Directorate executives. The SME must have 5-7 years of office management experience on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree in a related field is preferred. Personnel Security Sr. Functional Analyst: The position requires expert knowledge of DoD, Intelligence Community, and national-level personnel security policies and procedures. Knowledge of the Department's personnel security functions to include personnel security manager responsibilities and investigation and adjudication policies is highly desired. The SME must be capable of developing, updating, and coordinating policy and providing personnel security and Homeland Security Presidential Directive-12 interpretation and guidance as required. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for personnel security equities. Excellent writing and project management skills is highly desired. The position requires the SME to coordinate with the DoD services and components to resolve complex personnel security policy issues. The SME is expected to be familiar with all aspects of personnel security reform implementation and project management. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum is preferred. Information Security Sr. Functional Analyst: The position requires expert knowledge in DoD, Intelligence Community, and national level information security policies. Knowledge of the Department's information security related functions to include operations security, critical information protection/technology protection, declassification, SCI and SAP security policies is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to the DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for information security equities. The SME must be capable of recommending security policy positions and, once approved, representing those positions to a broad constituency at various forums as well as facilitate or chair forums to draft policy and/or achieve policy issue resolution. The SME must have 5-7 years of security policy experience, classification and markings experience, and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree at a minimum in a related field is preferred. Industrial Security Sr. Functional Analyst: The position requires expert knowledge of DoD Intelligence Community, and national level industrial security policies and procedures. Knowledge of national level industrial security related issues impacting DoD, non-DoD, and the defense industrial base is highly desired. The SME must be an expert in policy development; drafting, formatting, tracking, staffing, reviewing and reconciling inputs to DoD Directive(s), Instruction(s), Manual(s) and other publications; as well as reviewing other policy documents for industrial security equities. The SME must be capable of providing support for key working groups such as the National Industrial Security Policy Program Advisory Committee and Defense Industrial Base Cyber Security Program. Furthermore, the SME must be capable of completing a wide spectrum of staff actions within established deadlines in response to Directorate, OSD, Joint Staff and Component leadership actions and requests concerning all facets of the Industrial Security Program. The SME will serve as a subject matter expert on various industrial security committees. The SME must be capable of developing, updating, and coordinating policy and developing action memos, congressional responses, briefings, background research, oversight visits, and participate in inter and intra agency meetings. The SME must have 5-7 years of security policy or operational experience and experience as a staff action officer on an OSD, JCS, or Military Department headquarters staff. A bachelor's degree is preferred. Section D - Packaging and Markings All deliverables shall be marked with the contractor's name, contact information, date delivered, and contract number Section E - Deliveries & Performance E.1 All inspection and acceptance terms are contained in FAR 52.212-4 for firm-fixed-price. E.2 Contractor Responsibility. The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry. E.3 Services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government Section F - Deliveries & Performance F.1 Period of Performance. The period of performance for this contract will be a 12-month base period and four 12-month option periods. F.2 Place of Performance. Work will be performed at the Pentagon, Arlington VA; Crystal City, VA; or other government sites within the National Capital Region. The standard workweek is Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Actual hours vary from office to office within OUSD(I). F.3 Recognized Holidays. Unless required under the terms of the contract or authorized by the contracting officer, the contractor shall not plan to work at a Government facility on any of the following Government observed legal holidays: New Year's Day, Labor Day, Martin Luther King Jr.'s Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. Section G - Contract Administrative Data G.1 Submission of Invoices WHS AD WAWF INVOICING INSTRUCTIONS (Apr 2010) To implement DFARS 252.232-7003, "Electronic Submission of Payment Requests and Receiving Reports (March 2008)", Washington Headquarters Services, Acquisition Directorate (WHS/AD) utilizes WAWF to electronically process vendor requests for payment. The web based system is located at https://wawf.eb.mil, and allows government contractors and authorized Department of Defense (DoD) personnel to generate, capture, process and track invoice and acceptance documentation electronically. The contractor is required to utilize this system when submitting invoices and receiving reports under this contract. Submission of hard copy DD250/Invoice/Public Vouchers (SF1034) is no longer permitted. The contractor shall ensure an Electronic Business Point of Contract is designated in Central Contractor Registration at http://www.ccr.gov/ and register to use WAWF at https://wawf.eb.mil within ten (10) days after award of the contract or modification incorporating WAWF into the contract. Step by step instructions to register are available at http://wawf.eb.mil. The contractor is directed to submit the following invoice type: 2-n-1 - Services Only, including Construction **Do NOT use the WAWF Construction invoice type - it is not permitted for invoices paid in the MOCAS system Back up documentation may be attached to the invoice in WAWF under the "Misc Info" tab. Fill in all applicable information under each tab. With the exception of extensions, the following required information should automatically populate in WAWF; if it does not populate, or does not populate completely or correctly, enter the following information as noted: Contract Number TBD Delivery Order n/a Pay DoDAAC HQ0347 Issue By DoDAAC HQ0034 Admin By DoDAAC HQ0034 Inspect By DoDAAC/Extension HQ0208 Service Acceptor DODAAC/Extension or Ship to DODAAC/Extension or Service Approver DODAAC/Extension or Grant Approver DODAAC/Extension HQ0034/OSDTM2 DCAA Auditor DODAAC/Extension LPO DODAAC Leave Blank The Contractor shall verify that the DoDAACs automatically populated by the WAWF system match the above information. If these DoDAACs do not match then the contractor shall correct the field(s) and notify the contracting officer of the discrepancy (ies). The Contractor will need to enter a Shipment (or Voucher) Number in a specific format. • The correct format for a shipment number for MOCAS invoices is AAAXNNN where A = alpha, X = alphanumeric and N = numeric characters, followed by a "Z" suffix if it is a final invoice. (e.g. SER0001, BVN0002Z, SERA003) • WAWF will affix the prefix "SER" for 2-in-1 invoices and prefix "BVN" for cost vouchers to the Shipment (or Voucher) Number fields. For Combo documents, the contractor may enter their own three letter prefixes. Take special care when entering Line Item information. The Line Item tab is where you will detail your request for payment and material/services that were provided based upon the contract. Be sure to fill in the following items exactly as they appear in the contract: • Item Number: If the contract schedule has more than one ACRN listed as sub items under the applicable Contract Line Item Number (CLIN), use the 6 character, separately identified Sub Line Item Number (SLIN) (e.g. - 0001AA) or Informational SLIN (e.g. - 000101), otherwise use the 4 character CLIN (e.g. - 0001). • Unit Price • Unit of Measure • ACRN: Fill-in the applicable 2 alpha character ACRN that is associated with the CLIN or SLIN. Note - DO NOT INVOICE FOR MORE THAN IS STILL AVAILABLE UNDER ANY CLIN/SLIN/ACRN. Before closing out of an invoice session in WAWF but after submitting your document or documents, the contractor will be prompted to send additional email notifications. Contractor shall click on "Send More Email Notification" on the page that appears. Add the following email address michael.olsen@osd.mil in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the government is important to ensure that all appropriate persons are aware that the invoice documents have been submitted into the WAWF system. If you have any questions regarding WAWF, please contact the WAWF Help Desk at 1-866-618-5988. G.2 Contracting Officer's Representative (COR). The COR shall be the focal point for all contract administration matters related to performance of this PWS. Only the Contracting Officer can make changes to the contract or this PWS, and any such changes are not effective unless directed in writing by the Contracting Officer. The initial COR for this contract is: OUSD(I) Richard.weyrauch@osd.mil The contractor will be notified in writing concerning the replacement of the COR for this contract. Subsequent CORs will be appointed in writing and a copy of the appointment letter will be provided to the contractor. The COR is NOT authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract. The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the Contracting Officer has issued a written directive or written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the Contracting Officer. If the Contracting Officer has designated an Alternate COR (ACOR), the ACOR may act only in the absence of the COR (due to such reasons as leave, official travel, or other reasons for which the COR is expected to be gone and not readily accessible for the day). COR authority IS NOT delegable. G.3 Points of Contact COR: Richard Weyrauch Tel: 703-604-1223 Email: richard.weyrauch@osd.mil Contract Specialist : Steve Slagle Tel: 703-545-1981 Email: steve.slagle.ctr@whs.mil Contracting Officer: Christopher Harris Tel: 703-545-3573 Email: chris.harris@whs.mil Contractor: TBD Section H - Special Contract Requirements H.1 Pricing under FAR 52.217-8 In the event the Government exercises its unilateral right under FAR clause 52.217-8, Option to Extend Services, the unit price for the performance of services during this period will be the latest price(s) agreed upon in the contract or subsequent modifications. H.2 Government Furnished Equipment The government will provide office space, furniture, supplies, and automated office equipment. Access will be granted to classified and unclassified military LAN services, LAN support, telephones, and reproduction facilities at the place(s) of performance. The government will provide access to relevant government organizations, information, documentation, manuals, texts, briefs, and associated materials as required and available. Access will be granted to classified networks as directed by the designated security authority. The government will provide workstations and software required. H.3 Special Contract Requirements for Service Contracts a. Inherently Governmental Functions - No inherently government functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer's Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function. b. Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract. c. Identification of Contractor Personnel - In accordance with DFARS 211.106, contractor personnel shall never identify themselves as representing the Department of Defense (DoD), but rather shall identify themselves as being under contract to DoD. To that end, contractor personnel shall: 1) identify themselves as contractor personnel at meetings by introducing themselves or being introduced as contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as contractor employees in telephone conversations and in formal and informal (e.g. e-mail) written correspondence. H.4 Organizational Conflicts of Interest - Disclosure (a) Purpose. This clause applies to the Contractor and its affiliates, consultants and subcontractors of any tier (collectively referred to as "Contractor"). This clause must be included in all subcontracts and other agreements executed by the prime contractor in connection with submitting the prime contractor's proposal or performing the work. Attention also is directed to FAR Subpart 9.5 and the provisions which follow. (b) Government Contractor Participation in Solicitation/Statement of Work, Award or Administration. The following Government contractors participated in the preparation of the Statement of Work/Solicitation or are expected to assist in the award and administration of the contract: 1. Infinity Technology 2. Horizon Industries LTD. (c) Scope-Actual or Potential Conflicts of Interest. This clause is intended to ensure that the Contractor (1) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of actual or potential unauthorized use or disclosure of proprietary or procurement-related information, (2) does not obtain or appear to obtain an unfair competitive advantage over other parties by virtue of any relationship (social, familial, financial etc) between the Contractor or Contractor's employees and any Government employee, Government contractor or Government contractor employee involved in the procurement process or the administration of the contract whether or not specifically identified in this solicitation, (3) is not biased or potentially biased or its ability to render impartial advice to the Government impaired or potentially impaired due to Contractor's current or planned interests (financial, contractual, organizational or otherwise) that relate to the services performed or products to be delivered under this solicitation, or (4) any other potential conflict of interest identified or within the scope of FAR 9.5. Parts (1), (2) and (3) above are examples of potential conflicts of interest governed by this clause. (d) Contractor Representation. The Contractor represents by submission of its offer that, to the best of its knowledge and belief, Contractor has no actual or potential conflict of interest or, pursuant to paragraph (e), has disclosed to the Contracting Officer in writing all relevant information regarding any actual or potential conflict of interest. (e) Contractor Disclosure of Actual or Potential Conflicts of Interest Before and After Award. If, before or after award, an actual or potential conflict of interest is identified by the Government or discovered by the Contractor, the Contractor shall immediately make a full disclosure in writing to the Contracting Officer. The Contractor further recognizes that during the term of this contract, conditions may change which may give rise to a newly recognized actual or potential conflict of interest. In the event that the Government identifies or the Contractor discovers an actual or potential conflict of interest before or after award, the Contractor shall, at a minimum, immediately provide the following information: (1) a description of the actual or potential conflict of interest and identify the parties involved; (2) a description of the work affected by the actual or potential conflict of interest; and (3) a mitigation plan as described in section (f). (f) Mitigation Plan. To the extent that the Contractor or the Government has at any time before or after award identified an actual or potential conflict of interest, the Contractor shall propose a mitigation plan which concisely describes all relevant facts concerning any potential conflict of interest including any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the services performed or product to be delivered under this solicitation. The mitigation plan shall describe the actions or planned actions the Contractor has taken or proposes to take, to avoid, mitigate, or neutralize the conflict of interest. If accepted by the Contracting Officer, the mitigation plan will become part of the contract. (g) Final Authority. The Contracting Officer is the final authority in determining whether a conflict of interest exists and whether the conflict of interest has been adequately mitigated, neutralized or avoided. (h) Remedies. The presence of an actual or potential conflict of interest that, in the Contracting Officer's discretion, cannot be avoided, mitigated or neutralized, may preclude the Contractor from competing for the award or, if the conflict is discovered after award and cannot, in the Contracting Officer's discretion, be neutralized, mitigated or avoided, may result in termination of the contract. If the conflict of interest results from conflicting financial or other interests involving Contractor personnel performing under this agreement, the Contracting Officer may require the Contractor to remove such personnel from performance of work under the contract as a means to avoid, neutralize or mitigate the conflict of interest. If the Contractor was or, with reasonable diligence, should have been aware of a potential conflict of interest before award, or discovers or with reasonable diligence should have discovered an actual or potential conflict after award and does not disclose or misrepresents relevant information to the Contracting Officer, it will be deemed a material breach of the agreement/solicitation. In that event, the Government may elect to terminate the contract for default. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this agreement, or statute or regulation. (i) The Contractor may not compete for any requirement that incorporates, involves or relates to any work performed by contractor under this solicitation unless otherwise authorized in writing by the Contracting Officer. H.5 Compliance with Pentagon Regulations - Contractor and Subcontractor Conduct The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities. All contractor personnel must adhere to highest standards of personal conduct including, but not limited to, the standards of conduct for the Pentagon Reservation in 32 CFR Part 234. The contractor is responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance and the highest standards of personal conduct. In the event the contractor fails to remove any employee from the contract work whom the Contracting Officer or the Contracting Officer's designated representative deems incompetent, careless, insubordinate, unfit, objectionable or whose continued employment on the work is deemed by the Government to be inimical to the Government's mission, the Contracting Officer or the Contracting Officer's designated representative may, in writing, require the contractor to remove the employee from work under this contract. This contract incorporates 32 CFR 234, "Conduct on the Pentagon Reservation." Any contractor employee that violates the standards of conduct proscribed by 32 CFR 234 shall be deemed unfit and otherwise objectionable under paragraph (a) of this provision and may be subject to removal from the contract work. This provision applies to all subcontractors or vendors of any tier utilized by contractor to perform the work. The contractor is responsible for incorporating this provision in all subcontracts or other contracts awarded by contractor to perform the work. For purposes of this provision, the terms "employee" or "contractor employee" includes all contractor, subcontractor or vendor employees of any tier utilized by contractor to perform the work. H.6 Security Requirements a. All tasks must be conducted in full compliance with DoD security regulations. Personnel assigned by the contractor to perform work under this contract must hold an active Top Secret/Sensitive Compartmented Information (TS/SCI) clearance before starting work and the clearance must be maintained during the entire period of performance. The Contractor shall submit the security nomination packages for the personnel assigned to the contract at the time of award. In the event that the necessary security clearances are not adjudicated within the timelines described above, the Government will require the Contractor to develop a work-around plan to meet the requirements of the PWS and submit it to the Contracting Officer for acceptance. In the event that an acceptable plan is not submitted, the Government shall be entitled to an equitable adjustment to the contract and any other rights under this contract or applicable law including termination for default. The Contractor's Facility Security Officer (FSO) shall submit Personnel Security Clearance (PCL) validation through use of a Visit Authorization Request (VAR) for each employee, in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) to the designated security representative. Changes in PCL status of contractor employees shall be forwarded in writing to the Contracting Officer and the designated security representative. All contractor personnel will be required to sign a Non-Disclosure Agreement. b. Security Classification Guidance In addition to the personal security clearances described above, the contractor, to be eligible for award, must hold, on the date proposals are submitted, an active Top Secret facility clearance that must be maintained throughout the period of performance. All Security Classification Guidance is provided on DD Form 254, Department of Defense Contract Security Classification Specification (hereafter referred to as the DD 254). Any changes or additional security classification guidance shall be provided to the Contractor in writing, through updates and modifications to the DD 254. At no time will the Government issue classification guidance in any other form (verbal, e-mail, etc.). c. Facility Security Clearance (FCL) The Contractor's FSO shall report, in writing, to the Contracting Officer any changes in the Contractor's security status throughout the contract period of performance. d. Sub-Contractors Subcontractors shall comply with the same security requirements as the Contractor. The Contractor shall issue DD 254s to each subcontractor reflecting the same security requirements applicable to the prime contract. The contractor shall also sponsor subcontractor(s) for an FCL and associated PCL(s) required in accordance with the DD 254. H.7 Key Personnel (a) The Contractor shall notify the Contracting Officer prior to making any changes in personnel assigned to key positions. The key position is defined as: (1) Senior Functional Analyst (2) Office Management Functional Analyst (3) Personnel Security Senior Functional Analyst (4) Information Security Senior Functional Analyst (5) Industrial Security Senior Functional Analyst (b) During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events and provide the information required below. After the initial ninety (90) calendar day period, the Contractor may propose substitutions. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contractor shall, prior to making any substitution permanent, demonstrate to the satisfaction of the Contracting Officer that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel originally identified for the position. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on proposed substitutions. Section I - Clauses/Provisions Clauses/Provisions Incorporated By Reference 52.203-7 Anti-Kickback Procedures OCT 2010 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns JAN 2011 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-6 Drug-Free Workplace MAY 2001 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country JAN 2009 252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government JUN 2010 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country DEC 2006 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States MAR 2006 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 Clauses/Provisions Incorporated By Full-Text 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION) (AUG 2012) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012) ALTERNATE I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) 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.

Grand Jury Deposition Court Reporting Services

Department of Justice, Justice Management Division | Published May 15, 2009  -  Deadline May 28, 2009
cpvs

Historically, the average number of Depositions per year in Northern District of Indiana has been Three (3). 4. The line items indicated below are line items that may be ordered throughout the duration of the contract on an as needed basis. 2.1 Place of Performance The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are: � The location(s) where recordings may be required is (are) as follows: U.S. Courthouse 5400 Federal Plaza, Suite 1500 Hammond, Indiana 46320 2.2 Contracting Officer (CO) The Contracting Officer for this action is Executive Office for the United States Attorney�s 600 E Street, NW, Suite 5200 Washington, DC 20530 Attention: Tony Russell Contracting Officer Technical Representative (COTR) The COTR for this action is: David Capp U.S. Attorney�s Office 5400 Federal Plaza, Suite 1500 Hammond, Indiana 46320 B.3 Specifications Incorporated by Reference The following documents of the exact issue shown form a part of this specification to the extent specified herein and are incorporated herein by reference. In the event of conflict between the documents referenced below and the contents of the specification, the contents of this specification shall be considered to be a superseding requirement. 3.1 DOJ Order 2640.2C entitled "Telecommunications and Automated Information Systems Security", dated June 25, 1993. 3.2 DOJ Residency Requirements, effective December 10, 2002. B.4 Requirement 4.1 Recording and transcription services shall be provided on an "as ordered" basis for: 4.1.1 Grand Jury Testimony and proceedings; 4.1.2 Taking depositions either under oath or informally; 4.1.3 Providing additional copies of testimony and depositions; 4.1.4 Providing special option material such as computer diskette transcripts, video depositions, compressed transcripts, and all-word indexing. 4.2 Deliverable Items The following items shall be delivered on an "as ordered" basis throughout the performance period of this Blanket Purchase Agreement. 4.2.1 Grand Jury: Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the time frames set forth below. All Grand Jury proceedings must conform to Volume VI (Court Reporter's Manual) of the Judiciary Policies and Procedures Guidelines. All Grand Jury transcripts will contain (at a minimum a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government, number of grand jurors present and the name of the reporter (See 4.4 also). ((a) Original Ordinary Transcript: Delivered within 30 calendar days after receipt of order. (b) Original Intermediate 14 Day Transcript (c) Expedited Transcript: Delivered within 7 days after receipt of order. (d ) Original Daily Transcript: Delivered next day normal opening hour of court 24 hour turnaround. (e) Original Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.1.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.1, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. 4.2.1.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available and delivered by the Contractor when specified in the Call [order] Number. 4.2.1.3 Computer Diskettes N/A 4.2.1.4 Scheduling Court Reporter for Attendance at Grand Jury: (a) The USAO shall notify the Contractor of the requirements for attendance at Grand Jury at least five workdays before the scheduled session. At time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the necessary work. The Contractor is to perform no work unless first provided a Call [order], with the specified Call Number. (b) The Contractor shall reply verbally and/or in writing stating the name of the reporter who is to be in attendance upon receipt of the Call [order], with the specified Call Number authorizing the work to be done. In the event the Contractor notifies the USAO that the Call [order] cannot be met, the USAO may obtain court reporter services from a source other than the Contractor, without penalty. Any change to the reporter scheduled to take the minutes will be communicated to the USAO before commencement of the Grand Jury session. Only reporters who possess a current Grand Jury clearance may be authorized to attend or report Grand Jury proceedings or have access to Grand Jury material. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered; a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated. 4.2.1.5 Ordering Grand Jury Transcripts: (a) When the USAO requires all or a portion of a Grand Jury testimony of a witness, a Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (b) Each Grand Jury witness' testimony shall be contained in a separate transcript. (c) All Grand Jury transcripts shall be accompanied by the appropriate Call [order], with the specified Call Number (d) When Grand Jury transcripts are not ordered, only appearance fees may be charged by the Contractor. 4.2.1.6 Delivery of Grand Jury Transcripts: All Grand Jury transcripts shall be hand delivered or mailed to the United States Attorney's Office in a sealed envelope addressed to the attorney(s) who requested the transcript with return receipt to: U.S. Courthouse 5400 Federal Plaza, Suite 1500 Hammond, Indiana 46320 Attn: Grand Jury Coordinator 4.2.1.7 Grand Jury Attendance Fees: The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled Grand Jury session. The minimum Grand Jury attendance fee payable for any Grand Jury session shall be four (4) hours. In the event a Grand Jury session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight (8) hours advance notice was not given by the USAO to the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.1.4(c), above.) 4.2.1.8 Travel and Per Diem Reimbursements: NOT APPLICABLE For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation. 4.2.2 Depositions: An original and one (1) copy of the deposition shall be delivered within the time frames set forth below. In rare instances, sooner delivery may be necessary. ((a) Original Ordinary Transcript: Delivered within 30 calendar days after receipt of order. (b) Original Intermediate 14 Day Transcript (c) Expedited Transcript: Delivered within 7 days after receipt of order. (d ) Original Daily Transcript: Delivered next day normal opening hour of court 24 hour turnaround. (e) Original Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.2.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.2, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. Opposing counsel may request copies of transcripts, which are to be delivered and billed to opposing counsel at the rates specified in this contract. 4.2.2.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available by the Contractor when specified in the Call [order], with the specified Call Number. 4.2.2.3 Video Taped Depositions Video taped depositions shall be provided when requested on the Call [order], with the specified Call Number. The assigned Call [order], with the specified Call Number shall specify whether the videotaped deposition is in lieu of or in addition to the typed transcript. 4.2.2.4 Computer Diskettes N/A 4.2.2.5 Scheduling Depositions: (a) USAO shall notify the Contractor of the requirements for attendance at a deposition at least five work days before the scheduled session. At the time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the appearance and necessary work. A Call [order], with the specified Call Number are to set forth the date, place, time, and title of the deposition. The Contractor is to perform no work unless first provided the Call [order], with the specified Call Number. (b) The Contractor shall reply verbally or in writing stating the name of the reporter scheduled to be in attendance. In the event the Contractor notifies the USAO that the Call [order], with the specified Call Number, cannot be met, the USAO may obtain court reporter services elsewhere without penalty. Any change will be communicated to the USAO prior to the session. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for deposition transcripts and the reporter actually appears at the original time and place designated. 4.2.2.6 Ordering Deposition Transcripts: When the USAO requires the testimony of a deponent, Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (a) Each deponent�s testimony shall be contained in separate transcript. (b) All transcripts shall be accompanied by the Call [order], with the specified Call Number on the invoice. 4.2.2.7 Deposition Attendance Fees: The Contractor shall be compensated at an hourly rate for each hour the appointed reporter appears at a scheduled deposition. The rate shall be payable in one-quarter hour increments in excess of flat hours. The minimum attendance fee payable for any deposition shall be one (1) hour. In the event a deposition session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight hours advance notice was not given the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.2.5(c), above.) 4.2.2.8 Delivery of Transcripts: Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number. 4.2.2.9 Processing Witness Certificates: If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript. 4.2.2.10 Travel and Per Diem Reimbursements: NOT APPLICABLE For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation. 4.3 Recording Requisites 4.3.1 Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. (1) Monitored Multi-microphone Recording Systems. The mandatory requirements follow: � The Contractor's personnel shall operate and monitor the recording equipment at all times. � The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. � The recording equipment utilized shall provide for the instant playback of testimony. � The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. � The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. � The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. � The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. � The recording monitor shall be able to identify speakers. � A back-up system shall be available so as not to delay the proceedings. � The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. (2) Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows: � The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice. � The equipment shall contain simultaneous playback, listening, and preamplification. (3) Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. (4) Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 4.3.2 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting composition of the record, adjournment to other times or places, and matters of such character. 4.3.3 Depositions under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. The reference cited above is part of Title 28, United States Code, which is available for review in public libraries. 4.3.4 Everything spoken pertaining to the subject matter shall be reported, unless the Presiding Official directs otherwise. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. 4.3.5 All notes, records, documentary exhibits, and any other material, which are a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise agreed. 4.3.6 Each reporter shall attach his official certification to the original notes or other records so recorded in Grand Jury proceedings as follows: CERTIFICATE I certify that these are the original notes and records recorded by me of the testimony taken And the proceedings held in the case of United States v. ___________ before the Grand Jury Held in United States District Court, _____________District of _________ on ___________ _________ _________________ Date Official Reporter _________ _________________ Date Official Reporter 4.3.7 The reporter shall attach his official certification to the original notes or other records so recorded in deposition proceedings as follows: STATE OF _________) ) ss COUNTY OF ______________) I, a Court Reporter and Notary Public duly qualified in and for the State of __________ do hereby certify there came before me the deponent herein, namely ______________, who was by me duly sworn to testify to the truth and nothing but the truth concerning the matters in this case. I further certify the foregoing transcript is a true and correct transcript of my original stenographic notes. I further certify that I am neither attorney nor counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken; and furthermore, that I am not a relative of employee of any attorney or counsel employed by the parties hereto or financially interested in the action. IN WITNESS WHERE OF, I have hereunto set my hand and affixed my Notarial Seal this _____ Day of ___________, 200____. _________________________________ Notary Public for ___________________ CSR#___________________ 4.4 Transcript Format 4.4.1 A separate transcript will be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury or deposition date, time of the commencement of the proceeding for that particular witness or deponent, docket number, place, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the transcript, and shall be followed by a page of distinctive color indexing exhibits where applicable. 4.4.2 Pagination of transcripts shall be a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc.; and pagination of the transcript of a hearing shall follow consecutively the pagination of the last previous hearing in the same case. 4.4.3 The Contractor shall provide clear and legible copies to the USAO. Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.4 All transcripts shall be prepared with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Recording shall be typed on paper 8-� inches x 11 inches in size, with a margin of 1-3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 characters per inch, double space, and shall not be less than 25 lines to the page, exclusive of the line containing the witness name; date of testimony; and page number. Whenever testimony is continuous, requiring more than one line, typing shall begin as close as possible to the left ruled marginal line, words properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at a full-page rate. No payment will be made for an excess of 25 lines per page. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.5 Exhibits admitted in evidence shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, or pursuant to the direction of the Presiding Official. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. 4.4.6 The original of any transcript furnished shall be authenticated by the Official Reporter by a certificate page in form to be approved by the COTR, substantially as follows: This is to certify that the attached proceedings before the ___________ in the matter of: (Docket Number) (Place of Proceedings) (Date of Proceedings) were held as herein appears, and that this is the original transcript thereof. /s/ Signature typed Official Reporter Charge for either this certification page or any index page used. 4.5 Availability/Sale of Transcripts 4.5.1 Recording of proceedings will be transcribed by the Contractor only when directed by the Presiding Official or the duly authorized representative of the Department of Justice ordering office. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available or sold to the public without express consent of the Presiding Official. 4.5.2 Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. However, it is contemplated that the Contractor will perform this function when authorized at a price, which does not exceed the price to the Government for "additional copies" set forth in the Schedule of Items/Prices. Strict observance shall be given to all provisions of the contract in regard thereto and shall be between the purchasers and the Contractor, and the Contracting Officer shall exercise no control there over; except in cases or acts by the Contractor contrary to the specifications or terms of this contractual agreement. 4.6 Retention of Recorded Materials - (Applicable only to materials recorded but not immediately transcribed). The Contractor shall surrender notes and recorded materials to the United States Attorney�s Office for retention. 4.7 Security Requirements 4.7.1 Personnel Security 4.7.1.1 The USAO will process background security investigations for grand jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to grand jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to grand jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for grand jury court reporters shall be cause for termination of this contract. 4.7.1.2 The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on grand jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. 4.7.1.3 Should grand jury proceedings require access to classified National Security Information by personnel of the Contractor additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. 4.7.1.4 In the event the USAOs is unable to obtain security approval to grand jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for grand jury court reporters. 4.7.1.5 The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to grand jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to grand jury information. 4.7.2 Required Security Investigation 4.7.2.1 The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. 4.7.2.2 Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: � Policy development or implementation � Higher-level management assignment � Independent spokespersons or non-management positions with authority for independent action, � Significant fiduciary and procurement authority and responsibilities, and � IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html). Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: � Assistance to policy development and implementation, � Mid-level management assignments, � Non-management positions with authority for independent or semi-independent action, � Delivery of service positions that demand public confidence or trust, � IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. 4.7.2.3 Types and Numbers of Background Investigations Work performed under this BPA will fall within one or more of the risk categories defined paragraph 4.7.2.2. As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this BPA. The Contractor will not be permitted to commence performance under the BPA until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the BPA, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. 4.7.2.4 Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee�s favor. When derogatory information has been discovered that cannot be resolved in the contract employee�s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject�s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. 4.7.2.5 The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Title and Number of Form No. of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For 2 Public Trust Positions 4.7.2.6 Procedures for Pre-Screening Applicants and Investigations Contractor�s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the BPA or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this BPA, the applicant must be disqualified from assignment on the BPA. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this BPA: (a) Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. (b) Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints. (c) Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. (d) Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. 4.7.2.7 Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). 4.7.2.8 Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the BPA. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual�s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual�s behavior indicates a preference for a foreign country over the United States) 4.7.2.9 Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. (a) The nature, extent and seriousness of the conduct. (b) The circumstances surrounding the conduct, to include knowledgeable participation. (c) The frequency and recency of the conduct. (d) The individual�s age and maturity at the time of the conduct. (e) The voluntaries of participation. (f) The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. (g) The motivation for the conduct. (h) The potential for pressure, coercion, exploitation or duress. (i) The likelihood of continuation or recurrence. 4.7.2.10 Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the BPA falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this BPA. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. 4.7.2.11 The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already working on the BPA and is determined to be ineligible, he or she will be removed from the call order. 4.7.212 The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the BPA, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). 4.7.2.13 The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. 4.7.2.14 The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. 4.7.2.15 Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. 4.7.2.16 Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. 4.7.2.17 Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. 4.7.3 Protection of Grand Jury Information 4.7.3.1 Grand jury testimony is sensitive Limited Official Use information, which must be protected against disclosure to unauthorized personnel. Pursuant to Rule 6(e) of the Federal Rules of Criminal Procedures, disclosures of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, or operator of a recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. 4.7.3.2 It shall be the duty of the Official Reporter to safeguard all materials relating to grand jury hearings, which are in his/her possession and/or under his/her custody. The USA may at his/her discretion retain custody of the material, including notes, tapes, drafts, etc., and require all transcribing and typing of the grand jury information be done within the USAO. 4.7.3.3 The Contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this agreement. The Contractor shall not divulge, sell, or distribute any information gained at a grand jury proceeding, except as authorized by the presiding official. 4.7.4 Contractor Physical Security Requirements 4.7.4.1 Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practicable after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. 4.7.4.2 An Intrusion Detection System (IDS) must be installed connected to a central station at the Contractor�s facility or the facility of a subcontractor who monitor the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of alarm activation. Central station burglar alarm systems classified by the Underwriter�s Laboratories, Inc. or other systems with built-in auxiliary power for fail safe protection, shall satisfy this requirement. (Such system shall not use shunt switches to shut off control panels and all alarm sensors and control boxes should be equipped with tamper-proof switches). A direct-connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracting firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of the alarm and to take appropriate measures to ensure the security of area concerned. 4.7.4.3 End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The court reporter firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. 4.7.4.4 The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to comply with these requirements. 4.7.4.5 If the contractor is unable to provide the required physical security in his/her workplace, a work area and storage space for Grand Jury transcript processing will be provided at the USAO. 4.7.5 Information Technology 4.7.5.1 Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. 4.7.5.2 When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. 4.7.5.3 In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. As a general rule, grand jury court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. 4.7.5.4 When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter�s equipment using the currently approved USAO sanitization method. 4.7.5.5 Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. 4.7.5.6 The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. 4.7.5.7 All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. 4.7.5.8 Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed.

Court Reporting Services

Department of Justice, Justice Management Division | Published June 1, 2009  -  Deadline June 8, 2009
cpvs

Pierce, and Key West Florida. 2.1 Place of Performance The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are: � The location(s) where recordings may be required is (are) as follows: U.S. Courthouse United States District Court James Lawrence King Federal Justice Bldg. 99 N.E. 4th Street Miami, FL 33132 U.S. Courthouse United States District Court Wilkie D. Ferguson, Jr., Federal Bldg. 400 North Miami Avenue Miami, FL 33128 U.S. Courthouse United States District Court 299 East Broward Blvd. Ft. Lauderdale, FL 33301 U.S. Courthouse United States District Court 701 Clematis Street West Palm Beach, FL 33401 U.S. Courthouse United States District Court 300 S. 6th Street Ft. Pierce, FL 34950 U.S. Courthouse United States District Court 301 Simonton Street Key West, FL 33040 NOTE: Ft. Pierce and Key West Florida is on emergency basis only to include necessary compensation. In rare instances, recording and transcription may be required at other locations within 50 miles of the aforementioned locations. B.3 Specifications Incorporated by Reference The following documents of the exact issue shown form a part of this specification to the extent specified herein and are incorporated herein by reference. In the event of conflict between the documents referenced below and the contents of the specification, the contents of this specification shall be considered to be a superseding requirement. 3.1 DOJ Order 2640.2C entitled "Telecommunications and Automated Information Systems Security", dated June 25, 1993. 3.2 DOJ Residency Requirements, effective December 10, 2002. B.4 Requirement 4.1 Recording and transcription services shall be provided on an "as ordered" basis for: 4.1.1 Grand Jury Testimony and proceedings; 4.1.2 Taking depositions either under oath or informally; 4.1.3 Providing additional copies of testimony and depositions; 4.1.4 Providing special option material such as computer diskette transcripts, video depositions, compressed transcripts, and all-word indexing. 4.2 Deliverable Items The following items shall be delivered on an "as ordered" basis throughout the performance period of this Blanket Purchase Agreement. 4.2.1 Grand Jury: Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the time frames set forth below. All Grand Jury proceedings must conform to Volume VI (Court Reporter's Manual) of the Judiciary Policies and Procedures Guidelines. All Grand Jury transcripts will contain (at a minimum a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government, number of grand jurors present and the name of the reporter (See 4.4 also). (a) Ordinary Transcript: Delivered within 30 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 24 hours after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.1.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.1, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. 4.2.1.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available and delivered by the Contractor when specified in the Call [order] Number. 4.2.1.3 Computer Diskettes 3�-inch, diskettes of transcripts, as specified in the task and delivery order, formatted in WordPerfect 5.1, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts. 4.2.1.4 Scheduling Court Reporter for Attendance at Grand Jury: (a) The USAO shall notify the Contractor of the requirements for attendance at Grand Jury at least five workdays before the scheduled session. At time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the necessary work. The Contractor is to perform no work unless first provided a Call [order], with the specified Call Number. (b) The Contractor shall reply verbally and/or in writing stating the name of the reporter who is to be in attendance upon receipt of the Call [order], with the specified Call Number authorizing the work to be done. In the event the Contractor notifies the USAO that the Call [order] cannot be met, the USAO may obtain court reporter services from a source other than the Contractor, without penalty. Any change to the reporter scheduled to take the minutes will be communicated to the USAO before commencement of the Grand Jury session. Only reporters who possess a current Grand Jury clearance may be authorized to attend or report Grand Jury proceedings or have access to Grand Jury material. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered; a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated. 4.2.1.5 Ordering Grand Jury Transcripts: (a) When the USAO requires all or a portion of a Grand Jury testimony of a witness, a Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (b) Each Grand Jury witness' testimony shall be contained in a separate transcript. (c) All Grand Jury transcripts shall be accompanied by the appropriate Call [order], with the specified Call Number (d) When Grand Jury transcripts are not ordered, only appearance fees may be charged by the Contractor. 4.2.1.6 Delivery of Grand Jury Transcripts: All Grand Jury transcripts shall be hand delivered or mailed to the United States Attorney's Office in a sealed envelope addressed to the attorney(s) who requested the transcript with return receipt to: U.S. Attorney�s Office Attention: Sandra B. Ortiz 99 N.E. 4th Street Miami, FL 33132 4.2.1.7 Grand Jury Attendance Fees: The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled Grand Jury session. The minimum Grand Jury attendance fee payable for any Grand Jury session shall be four (4) hours. In the event a Grand Jury session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight (8) hours advance notice was not given by the USAO to the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.1.4(c), above.) 4.2.2 Depositions: An original and one (1) copy of the deposition shall be delivered within the time frames set forth below. In rare instances, sooner delivery may be necessary. (a) Ordinary Transcript: Delivered within 10 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 1 calendar day after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.2.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.2, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. Opposing counsel may request copies of transcripts, which are to be delivered and billed to opposing counsel at the rates specified in this contract. 4.2.2.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available by the Contractor when specified in the Call [order], with the specified Call Number. 4.2.2.3 Video Taped Depositions Video taped depositions shall be provided when requested on the Call [order], with the specified Call Number. The assigned Call [order], with the specified Call Number shall specify whether the videotaped deposition is in lieu of or in addition to the typed transcript. 4.2.2.4 Computer Diskettes 3�-inch, diskettes of transcripts, as specified in the Call [order], with the specified Call Number, formatted in WordPerfect 5.1, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts. 4.2.2.5 Scheduling Depositions: (a) USAO shall notify the Contractor of the requirements for attendance at a deposition at least five work days before the scheduled session. At the time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the appearance and necessary work. A Call [order], with the specified Call Number are to set forth the date, place, time, and title of the deposition. The Contractor is to perform no work unless first provided the Call [order], with the specified Call Number. (b) The Contractor shall reply verbally or in writing stating the name of the reporter scheduled to be in attendance. In the event the Contractor notifies the USAO that the Call [order], with the specified Call Number, cannot be met, the USAO may obtain court reporter services elsewhere without penalty. Any change will be communicated to the USAO prior to the session. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for deposition transcripts and the reporter actually appears at the original time and place designated. 4.2.2.6 Ordering Deposition Transcripts: When the USAO requires the testimony of a deponent, Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (a) Each deponent�s testimony shall be contained in separate transcript. (b) All transcripts shall be accompanied by the Call [order], with the specified Call Number on the invoice. 4.2.2.7 Deposition Attendance Fees: The Contractor shall be compensated at an hourly rate for each hour the appointed reporter appears at a scheduled deposition. The rate shall be payable in one-quarter hour increments in excess of flat hours. The minimum attendance fee payable for any deposition shall be one (1) hour. In the event a deposition session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight hours advance notice was not given the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.2.5(c), above.) 4.2.2.8 Delivery of Transcripts: Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number. 4.2.2.9 Processing Witness Certificates: If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript. 4.2.2.10 Travel and Per Diem Reimbursements: For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation. 4.3 Recording Requisites 4.3.1 Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. (1) Monitored Multi-microphone Recording Systems. The mandatory requirements follow: � The Contractor's personnel shall operate and monitor the recording equipment at all times. � The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. � The recording equipment utilized shall provide for the instant playback of testimony. � The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. � The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. � The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. � The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. � The recording monitor shall be able to identify speakers. � A back-up system shall be available so as not to delay the proceedings. � The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. (2) Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows: � The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice. � The equipment shall contain simultaneous playback, listening, and preamplification. (3) Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. (4) Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 4.3.2 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting composition of the record, adjournment to other times or places, and matters of such character. 4.3.3 Depositions under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. The reference cited above is part of Title 28, United States Code, which is available for review in public libraries. 4.3.4 Everything spoken pertaining to the subject matter shall be reported, unless the Presiding Official directs otherwise. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. 4.3.5 All notes, records, documentary exhibits, and any other material, which are a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise agreed. 4.3.6 Each reporter shall attach his official certification to the original notes or other records so recorded in Grand Jury proceedings as follows: CERTIFICATE I certify that these are the original notes and records recorded by me of the testimony taken And the proceedings held in the case of United States v. ___________ before the Grand Jury Held in United States District Court, _____________District of _________ on ___________ _________ _________________ Date Official Reporter _________ _________________ Date Official Reporter 4.3.7 The reporter shall attach his official certification to the original notes or other records so recorded in deposition proceedings as follows: STATE OF _________) ) ss COUNTY OF ______________) I, a Court Reporter and Notary Public duly qualified in and for the State of __________ do hereby certify there came before me the deponent herein, namely ______________, who was by me duly sworn to testify to the truth and nothing but the truth concerning the matters in this case. I further certify the foregoing transcript is a true and correct transcript of my original stenographic notes. I further certify that I am neither attorney nor counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken; and furthermore, that I am not a relative of employee of any attorney or counsel employed by the parties hereto or financially interested in the action. IN WITNESS WHERE OF, I have hereunto set my hand and affixed my Notarial Seal this _____ Day of ___________, 200____. _________________________________ Notary Public for ___________________ CSR#___________________ 4.4 Transcript Format 4.4.1 A separate transcript will be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury or deposition date, time of the commencement of the proceeding for that particular witness or deponent, docket number, place, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the transcript, and shall be followed by a page of distinctive color indexing exhibits where applicable. 4.4.2 Pagination of transcripts shall be a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc.; and pagination of the transcript of a hearing shall follow consecutively the pagination of the last previous hearing in the same case. 4.4.3 The Contractor shall provide clear and legible copies to the USAO. Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.4 All transcripts shall be prepared with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Recording shall be typed on paper 8-� inches x 11 inches in size, with a margin of 1-3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 characters per inch, double space, and shall not be less than 25 lines to the page, exclusive of the line containing the witness name; date of testimony; and page number. Whenever testimony is continuous, requiring more than one line, typing shall begin as close as possible to the left ruled marginal line, words properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at a full-page rate. No payment will be made for an excess of 25 lines per page. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.5 Exhibits admitted in evidence shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, or pursuant to the direction of the Presiding Official. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. 4.4.6 The original of any transcript furnished shall be authenticated by the Official Reporter by a certificate page in form to be approved by the COTR, substantially as follows: This is to certify that the attached proceedings before the ___________ in the matter of: (Docket Number) (Place of Proceedings) (Date of Proceedings) were held as herein appears, and that this is the original transcript thereof. /s/ Signature typed Official Reporter Charge for either this certification page or any index page used. 4.5 Availability/Sale of Transcripts 4.5.1 Recording of proceedings will be transcribed by the Contractor only when directed by the Presiding Official or the duly authorized representative of the Department of Justice ordering office. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available or sold to the public without express consent of the Presiding Official. 4.5.2 Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. However, it is contemplated that the Contractor will perform this function when authorized at a price, which does not exceed the price to the Government for "additional copies" set forth in the Schedule of Items/Prices. Strict observance shall be given to all provisions of the contract in regard thereto and shall be between the purchasers and the Contractor, and the Contracting Officer shall exercise no control there over; except in cases or acts by the Contractor contrary to the specifications or terms of this contractual agreement. 4.6 Retention of Recorded Materials - (Applicable only to materials recorded but not immediately transcribed). The Contractor shall surrender notes and recorded materials to the United States Attorney�s Office for retention. 4.7 Security Requirements 4.7.1 Personnel Security 4.7.1.1 The USAO will process background security investigations for grand jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to grand jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to grand jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for grand jury court reporters shall be cause for termination of this contract. 4.7.1.2 The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on grand jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. 4.7.1.3 Should grand jury proceedings require access to classified National Security Information by personnel of the Contractor additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. 4.7.1.4 In the event the USAOs is unable to obtain security approval to grand jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for grand jury court reporters. 4.7.1.5 The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to grand jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to grand jury information. 4.7.2 Required Security Investigation 4.7.2.1 The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. 4.7.2.2 Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: � Policy development or implementation � Higher-level management assignment � Independent spokespersons or non-management positions with authority for independent action, � Significant fiduciary and procurement authority and responsibilities, and � IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html). Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: � Assistance to policy development and implementation, � Mid-level management assignments, � Non-management positions with authority for independent or semi-independent action, � Delivery of service positions that demand public confidence or trust, � IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. 4.7.2.3 Types and Numbers of Background Investigations Work performed under this BPA will fall within one or more of the risk categories defined paragraph 4.7.2.2. As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this BPA. The Contractor will not be permitted to commence performance under the BPA until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the BPA, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. 4.7.2.4 Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee�s favor. When derogatory information has been discovered that cannot be resolved in the contract employee�s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject�s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. 4.7.2.5 The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Title and Number of Form No. of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For 2 Public Trust Positions 4.7.2.6 Procedures for Pre-Screening Applicants and Investigations Contractor�s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the BPA or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this BPA, the applicant must be disqualified from assignment on the BPA. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this BPA: (a) Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. (b) Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints. (c) Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. (d) Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. 4.7.2.7 Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). 4.7.2.8 Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the BPA. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual�s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual�s behavior indicates a preference for a foreign country over the United States) 4.7.2.9 Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. (a) The nature, extent and seriousness of the conduct. (b) The circumstances surrounding the conduct, to include knowledgeable participation. (c) The frequency and recency of the conduct. (d) The individual�s age and maturity at the time of the conduct. (e) The voluntaries of participation. (f) The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. (g) The motivation for the conduct. (h) The potential for pressure, coercion, exploitation or duress. (i) The likelihood of continuation or recurrence. 4.7.2.10 Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the BPA falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this BPA. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. 4.7.2.11 The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already working on the BPA and is determined to be ineligible, he or she will be removed from the call order. 4.7.212 The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the BPA, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). 4.7.2.13 The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. 4.7.2.14 The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. 4.7.2.15 Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. 4.7.2.16 Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. 4.7.2.17 Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. 4.7.3 Protection of Grand Jury Information 4.7.3.1 Grand jury testimony is sensitive Limited Official Use information, which must be protected against disclosure to unauthorized personnel. Pursuant to Rule 6(e) of the Federal Rules of Criminal Procedures, disclosures of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, or operator of a recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. 4.7.3.2 It shall be the duty of the Official Reporter to safeguard all materials relating to grand jury hearings, which are in his/her possession and/or under his/her custody. The USA may at his/her discretion retain custody of the material, including notes, tapes, drafts, etc., and require all transcribing and typing of the grand jury information be done within the USAO. 4.7.3.3 The Contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this agreement. The Contractor shall not divulge, sell, or distribute any information gained at a grand jury proceeding, except as authorized by the presiding official. 4.7.4 Contractor Physical Security Requirements 4.7.4.1 Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practicable after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. 4.7.4.2 An Intrusion Detection System (IDS) must be installed connected to a central station at the Contractor�s facility or the facility of a subcontractor who monitor the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of alarm activation. Central station burglar alarm systems classified by the Underwriter�s Laboratories, Inc. or other systems with built-in auxiliary power for fail safe protection, shall satisfy this requirement. (Such system shall not use shunt switches to shut off control panels and all alarm sensors and control boxes should be equipped with tamper-proof switches). A direct-connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracting firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of the alarm and to take appropriate measures to ensure the security of area concerned. 4.7.4.3 End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The court reporter firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. 4.7.4.4 The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to comply with these requirements. 4.7.4.5 If the contractor is unable to provide the required physical security in his/her workplace, a work area and storage space for Grand Jury transcript processing will be provided at the USAO. 4.7.5 Information Technology 4.7.5.1 Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. 4.7.5.2 When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. 4.7.5.3 In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. As a general rule, grand jury court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. 4.7.5.4 When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter�s equipment using the currently approved USAO sanitization method. 4.7.5.5 Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. 4.7.5.6 The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. 4.7.5.7 All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. 4.7.5.8 Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed.

Court Reporting Service

Department of Justice, Justice Management Division | Published March 20, 2009  -  Deadline March 27, 2009
cpvs

Historically, the average number of Grand Jury proceedings per year for the USAO has been Twelve (12) for South Bend, Indiana, and Twelve (12) for Fort Wayne Indiana. 2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been (District has separate grand Jury panels) South Bend- 8 Fort Wayne-5 3. Historically, the average number of Depositions per year in Northern District of Indiana has been South Bend- 1 Fort Wayne- 1 4. The line items indicated below are line items that may be ordered throughout the duration of the contract on an as needed basis. 5. The contractor shall provide pricing for Fort Wayne and South Bend Indiana. 2.1 Place of Performance The location(s) of the courthouse or courthouses where Grand Jury proceedings may be required are: � The location(s) where recordings may be required is (are) as follows: U.S. Courthouse 204 S. Main Street M0-1 South Bend Indiana 46601 U.S. Courthouse 1300 S. Harrison Street Room 3128 Fort Wayne, Indiana 46802 B.3 Specifications Incorporated by Reference The following documents of the exact issue shown form a part of this specification to the extent specified herein and are incorporated herein by reference. In the event of conflict between the documents referenced below and the contents of the specification, the contents of this specification shall be considered to be a superseding requirement. 3.1 DOJ Order 2640.2C entitled "Telecommunications and Automated Information Systems Security", dated June 25, 1993. 3.2 DOJ Residency Requirements, effective December 10, 2002. B.4 Requirement 4.1 Recording and transcription services shall be provided on an "as ordered" basis for: 4.1.1 Grand Jury Testimony and proceedings; 4.1.2 Taking depositions either under oath or informally; 4.1.3 Providing additional copies of testimony and depositions; 4.1.4 Providing special option material such as computer diskette transcripts, video depositions, compressed transcripts, and all-word indexing. 4.2 Deliverable Items The following items shall be delivered on an "as ordered" basis throughout the performance period of this Blanket Purchase Agreement. 4.2.1 Grand Jury: Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the time frames set forth below. All Grand Jury proceedings must conform to Volume VI (Court Reporter's Manual) of the Judiciary Policies and Procedures Guidelines. All Grand Jury transcripts will contain (at a minimum a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government, number of grand jurors present and the name of the reporter (See 4.4 also). (a) Ordinary Transcript: Delivered within 30 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 24 hours after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.1.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.1, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. 4.2.1.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available and delivered by the Contractor when specified in the Call [order] Number. 4.2.1.3 Computer Diskettes 3�-inch, diskettes of transcripts, as specified in the task and delivery order, formatted in WordPerfect 5.1, shall be provided when requested. Such diskettes are provided in addition to, not in lieu of, typed transcripts. 4.2.1.4 Scheduling Court Reporter for Attendance at Grand Jury: (a) The USAO shall notify the Contractor of the requirements for attendance at Grand Jury at least five workdays before the scheduled session. At time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the necessary work. The Contractor is to perform no work unless first provided a Call [order], with the specified Call Number. (b) The Contractor shall reply verbally and/or in writing stating the name of the reporter who is to be in attendance upon receipt of the Call [order], with the specified Call Number authorizing the work to be done. In the event the Contractor notifies the USAO that the Call [order] cannot be met, the USAO may obtain court reporter services from a source other than the Contractor, without penalty. Any change to the reporter scheduled to take the minutes will be communicated to the USAO before commencement of the Grand Jury session. Only reporters who possess a current Grand Jury clearance may be authorized to attend or report Grand Jury proceedings or have access to Grand Jury material. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered; a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for Grand Jury transcripts and the reporter actually appears at the original time and place designated. 4.2.1.5 Ordering Grand Jury Transcripts: (a) When the USAO requires all or a portion of a Grand Jury testimony of a witness, a Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (b) Each Grand Jury witness' testimony shall be contained in a separate transcript. (c) All Grand Jury transcripts shall be accompanied by the appropriate Call [order], with the specified Call Number (d) When Grand Jury transcripts are not ordered, only appearance fees may be charged by the Contractor. 4.2.1.6 Delivery of Grand Jury Transcripts: All Grand Jury transcripts shall be hand delivered or mailed to the United States Attorney's Office in a sealed envelope addressed to the attorney(s) who requested the transcript with return receipt to: U.S. Courthouse 204 S. Main Street M0-1 South Bend Indiana 46601 U.S. Courthouse 1300 S. Harrison Street Room 3128 Fort Wayne, Indiana 46802 4.2.1.7 Grand Jury Attendance Fees: The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled Grand Jury session. The minimum Grand Jury attendance fee payable for any Grand Jury session shall be four (4) hours. In the event a Grand Jury session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight (8) hours advance notice was not given by the USAO to the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.1.4(c), above.) 4.2.2 Depositions: An original and one (1) copy of the deposition shall be delivered within the time frames set forth below. In rare instances, sooner delivery may be necessary. (a) Ordinary Transcript: Delivered within 10 calendar days after receipt of order. (b) Expedited Transcript: Delivered within 1 calendar day after receipt of order. (c) Daily Transcript: Delivered following adjournment and prior to the normal opening hour of court. (d) Hourly Transcript: Ordered under unusual circumstances to be delivered within 2 hours. 4.2.2.1 Additional Copies of Transcript: Additional copies of transcripts shall be provided to the USAO, when ordered, within the same time frames set forth in Paragraph 4.2.2, above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor. See paragraph 4.5 for additional clarification. Opposing counsel may request copies of transcripts, which are to be delivered and billed to opposing counsel at the rates specified in this contract. 4.2.2.2 Compressed Page and All-Word Indexing Compressed page and all-word indexing options shall be made available by the Contractor when specified in the Call [order], with the specified Call Number. 4.2.2.3 Video Taped Depositions Video taped depositions shall be provided when requested on the Call [order], with the specified Call Number. The assigned Call [order], with the specified Call Number shall specify whether the videotaped deposition is in lieu of or in addition to the typed transcript. 4.2.2.4 Computer Diskettes N/A 4.2.2.5 Scheduling Depositions: (a) USAO shall notify the Contractor of the requirements for attendance at a deposition at least five work days before the scheduled session. At the time of notification, the Contractor is to be provided a Call [order], with the specified Call Number, which authorizes the appearance and necessary work. A Call [order], with the specified Call Number are to set forth the date, place, time, and title of the deposition. The Contractor is to perform no work unless first provided the Call [order], with the specified Call Number. (b) The Contractor shall reply verbally or in writing stating the name of the reporter scheduled to be in attendance. In the event the Contractor notifies the USAO that the Call [order], with the specified Call Number, cannot be met, the USAO may obtain court reporter services elsewhere without penalty. Any change will be communicated to the USAO prior to the session. (c) Cancellation Fee � In the event a reporter is ordered for a particular proceeding and subsequently the proceeding is cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 4:30 pm of the workday immediately proceeding the day of the proceeding. In the event a proceeding is cancelled after 4:30pm of the prior day, and the reporter arrives as previously ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required for deposition transcripts and the reporter actually appears at the original time and place designated. 4.2.2.6 Ordering Deposition Transcripts: When the USAO requires the testimony of a deponent, Call [order], with the specified Call Number for such transcript must first be provided to the Contractor. The transcript is not to be prepared or provided unless the Contractor is first provided a Call [order], with the specified Call Number for the copy. (a) Each deponent�s testimony shall be contained in separate transcript. (b) All transcripts shall be accompanied by the Call [order], with the specified Call Number on the invoice. 4.2.2.7 Deposition Attendance Fees: The Contractor shall be compensated at an hourly rate for each hour the appointed reporter appears at a scheduled deposition. The rate shall be payable in one-quarter hour increments in excess of flat hours. The minimum attendance fee payable for any deposition shall be one (1) hour. In the event a deposition session is cancelled prior to initiation of reporting duties, a cancellation penalty will be paid to the Contractor rather than an attendance fee, provided that eight hours advance notice was not given the Contractor and a reporter appeared at the appointed time and place. (See paragraph 4.2.2.5(c), above.) 4.2.2.8 Delivery of Transcripts: Transcripts shall be delivered as instructed in the Call [order], with the specified Call Number. 4.2.2.9 Processing Witness Certificates: If applicable, billing for "Processing Witness Certificate" shall be included with the invoice accompanying the transcript. 4.2.2.10 Travel and Per Diem Reimbursements: For depositions taken at a location outside the 50-mile radius of the U.S. Attorney's Office designated in the Schedule of Items/Prices, the Contractor is entitled to reimbursement for travel and per diem to and from the location at which the deposition is taken in accordance with the Federal Travel Regulation. 4.3 Recording Requisites 4.3.1 Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. (1) Monitored Multi-microphone Recording Systems. The mandatory requirements follow: � The Contractor's personnel shall operate and monitor the recording equipment at all times. � The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. � The recording equipment utilized shall provide for the instant playback of testimony. � The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. � The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. � The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. � The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. � The recording monitor shall be able to identify speakers. � A back-up system shall be available so as not to delay the proceedings. � The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. (2) Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows: � The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice. � The equipment shall contain simultaneous playback, listening, and preamplification. (3) Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. (4) Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 4.3.2 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the Presiding Official in matters affecting composition of the record, adjournment to other times or places, and matters of such character. 4.3.3 Depositions under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. The reference cited above is part of Title 28, United States Code, which is available for review in public libraries. 4.3.4 Everything spoken pertaining to the subject matter shall be reported, unless the Presiding Official directs otherwise. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. 4.3.5 All notes, records, documentary exhibits, and any other material, which are a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise agreed. 4.3.6 Each reporter shall attach his official certification to the original notes or other records so recorded in Grand Jury proceedings as follows: CERTIFICATE I certify that these are the original notes and records recorded by me of the testimony taken And the proceedings held in the case of United States v. ___________ before the Grand Jury Held in United States District Court, _____________District of _________ on ___________ _________ _________________ Date Official Reporter _________ _________________ Date Official Reporter 4.3.7 The reporter shall attach his official certification to the original notes or other records so recorded in deposition proceedings as follows: STATE OF _________) ) ss COUNTY OF ______________) I, a Court Reporter and Notary Public duly qualified in and for the State of __________ do hereby certify there came before me the deponent herein, namely ______________, who was by me duly sworn to testify to the truth and nothing but the truth concerning the matters in this case. I further certify the foregoing transcript is a true and correct transcript of my original stenographic notes. I further certify that I am neither attorney nor counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken; and furthermore, that I am not a relative of employee of any attorney or counsel employed by the parties hereto or financially interested in the action. IN WITNESS WHERE OF, I have hereunto set my hand and affixed my Notarial Seal this _____ Day of ___________, 200____. _________________________________ Notary Public for ___________________ CSR#___________________ 4.4 Transcript Format 4.4.1 A separate transcript will be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury or deposition date, time of the commencement of the proceeding for that particular witness or deponent, docket number, place, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the transcript, and shall be followed by a page of distinctive color indexing exhibits where applicable. 4.4.2 Pagination of transcripts shall be a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc.; and pagination of the transcript of a hearing shall follow consecutively the pagination of the last previous hearing in the same case. 4.4.3 The Contractor shall provide clear and legible copies to the USAO. Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.4 All transcripts shall be prepared with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Recording shall be typed on paper 8-� inches x 11 inches in size, with a margin of 1-3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 characters per inch, double space, and shall not be less than 25 lines to the page, exclusive of the line containing the witness name; date of testimony; and page number. Whenever testimony is continuous, requiring more than one line, typing shall begin as close as possible to the left ruled marginal line, words properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at a full-page rate. No payment will be made for an excess of 25 lines per page. Paper products shall conform to the requirements set forth in Presidential Executive Order 12873, dated October 20, 1993. 4.4.5 Exhibits admitted in evidence shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, or pursuant to the direction of the Presiding Official. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. 4.4.6 The original of any transcript furnished shall be authenticated by the Official Reporter by a certificate page in form to be approved by the COTR, substantially as follows: This is to certify that the attached proceedings before the ___________ in the matter of: (Docket Number) (Place of Proceedings) (Date of Proceedings) were held as herein appears, and that this is the original transcript thereof. /s/ Signature typed Official Reporter Charge for either this certification page or any index page used. 4.5 Availability/Sale of Transcripts 4.5.1 Recording of proceedings will be transcribed by the Contractor only when directed by the Presiding Official or the duly authorized representative of the Department of Justice ordering office. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available or sold to the public without express consent of the Presiding Official. 4.5.2 Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. However, it is contemplated that the Contractor will perform this function when authorized at a price, which does not exceed the price to the Government for "additional copies" set forth in the Schedule of Items/Prices. Strict observance shall be given to all provisions of the contract in regard thereto and shall be between the purchasers and the Contractor, and the Contracting Officer shall exercise no control there over; except in cases or acts by the Contractor contrary to the specifications or terms of this contractual agreement. 4.6 Retention of Recorded Materials - (Applicable only to materials recorded but not immediately transcribed). The Contractor shall surrender notes and recorded materials to the United States Attorney�s Office for retention. 4.7 Security Requirements 4.7.1 Personnel Security 4.7.1.1 The USAO will process background security investigations for grand jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to grand jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized Department of Justice personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to grand jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for grand jury court reporters shall be cause for termination of this contract. 4.7.1.2 The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on grand jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. 4.7.1.3 Should grand jury proceedings require access to classified National Security Information by personnel of the Contractor additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. 4.7.1.4 In the event the USAOs is unable to obtain security approval to grand jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for grand jury court reporters. 4.7.1.5 The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to grand jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to grand jury information. 4.7.2 Required Security Investigation 4.7.2.1 The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. 4.7.2.2 Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: � Policy development or implementation � Higher-level management assignment � Independent spokespersons or non-management positions with authority for independent action, � Significant fiduciary and procurement authority and responsibilities, and � IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are High Risk at www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html). Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: � Assistance to policy development and implementation, � Mid-level management assignments, � Non-management positions with authority for independent or semi-independent action, � Delivery of service positions that demand public confidence or trust, � IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources,� for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. 4.7.2.3 Types and Numbers of Background Investigations Work performed under this BPA will fall within one or more of the risk categories defined paragraph 4.7.2.2. As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this BPA. The Contractor will not be permitted to commence performance under the BPA until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. During the life of the BPA, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. 4.7.2.4 Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee�s favor. When derogatory information has been discovered that cannot be resolved in the contract employee�s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject�s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. 4.7.2.5 The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Title and Number of Form No. of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For 2 Public Trust Positions 4.7.2.6 Procedures for Pre-Screening Applicants and Investigations Contractor�s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the BPA or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this BPA, the applicant must be disqualified from assignment on the BPA. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this BPA: (a) Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. (b) Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form FD-258 from an organization qualified to take fingerprints. (c) Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. (d) Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. 4.7.2.7 Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the Department were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). 4.7.2.8 Factors for Suitability Determinations. The Department of Justice uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a DOJ contract. Contractors should be aware such individuals may not be able to work for the Department under the BPA. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual�s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual�s behavior indicates a preference for a foreign country over the United States) 4.7.2.9 Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the Department is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. (a) The nature, extent and seriousness of the conduct. (b) The circumstances surrounding the conduct, to include knowledgeable participation. (c) The frequency and recency of the conduct. (d) The individual�s age and maturity at the time of the conduct. (e) The voluntaries of participation. (f) The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. (g) The motivation for the conduct. (h) The potential for pressure, coercion, exploitation or duress. (i) The likelihood of continuation or recurrence. 4.7.2.10 Given the above guidelines for determining suitability, the Contractor should be able to determine, without DOJ involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel. In the event the Department or the contractor has reasonable cause to believe that an employee under the BPA falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this BPA. In addition, all contract employees are expected to adhere to the Department's Standards of Conduct. 4.7.2.11 The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already working on the BPA and is determined to be ineligible, he or she will be removed from the call order. 4.7.212 The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the BPA, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). 4.7.2.13 The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. 4.7.2.14 The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. 4.7.2.15 Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held monetarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or DOJ program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. 4.7.2.16 Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. 4.7.2.17 Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. 4.7.3 Protection of Grand Jury Information 4.7.3.1 Grand jury testimony is sensitive Limited Official Use information, which must be protected against disclosure to unauthorized personnel. Pursuant to Rule 6(e) of the Federal Rules of Criminal Procedures, disclosures of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made available to the attorneys for the Government to use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, or operator of a recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. 4.7.3.2 It shall be the duty of the Official Reporter to safeguard all materials relating to grand jury hearings, which are in his/her possession and/or under his/her custody. The USA may at his/her discretion retain custody of the material, including notes, tapes, drafts, etc., and require all transcribing and typing of the grand jury information be done within the USAO. 4.7.3.3 The Contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this agreement. The Contractor shall not divulge, sell, or distribute any information gained at a grand jury proceeding, except as authorized by the presiding official. 4.7.4 Contractor Physical Security Requirements 4.7.4.1 Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practicable after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. 4.7.4.2 An Intrusion Detection System (IDS) must be installed connected to a central station at the Contractor�s facility or the facility of a subcontractor who monitor the IDS and guard or law enforcement response to the Grand Jury processing area must occur within 15 minutes of alarm activation. Central station burglar alarm systems classified by the Underwriter�s Laboratories, Inc. or other systems with built-in auxiliary power for fail safe protection, shall satisfy this requirement. (Such system shall not use shunt switches to shut off control panels and all alarm sensors and control boxes should be equipped with tamper-proof switches). A direct-connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracting firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of the alarm and to take appropriate measures to ensure the security of area concerned. 4.7.4.3 End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The court reporter firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. 4.7.4.4 The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to comply with these requirements. 4.7.4.5 If the contractor is unable to provide the required physical security in his/her workplace, a work area and storage space for Grand Jury transcript processing will be provided at the USAO. 4.7.5 Information Technology 4.7.5.1 Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. 4.7.5.2 When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. 4.7.5.3 In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. As a general rule, grand jury court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. 4.7.5.4 When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter�s equipment using the currently approved USAO sanitization method. 4.7.5.5 Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. 4.7.5.6 The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. 4.7.5.7 All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. 4.7.5.8 Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed.

GRAND JURY AND DEPOSITION SERVICES

Department of Justice, Justice Management Division | Published October 23, 2009  -  Deadline November 12, 2009
cpvs

In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. 8. Cancellation Fee. The Contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the USAO does not notify the contractor within the designated time, the contractor may request a cancellation fee. 9. Other Requirements. As follows: (1) A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the USAO requests it. (2) Each witness' testimony shall be in a separate transcript. (3) If the USAO does not request that a transcript be produced, charging for estimated pages shall NOT be allowed. Only the Attendance/Minimum fee will be paid. (4) Grand Jury transcripts may not be sold to anyone other than the Government at anytime under any circumstances. 10. Delivery: All Grand Jury Transcripts shall be delivered by contractor personnel, messenger service or overnight courier (Fed Ex). Transcripts must be double wrapped. The inner envelope must state "Grand Jury Material Enclosed. To be Opened by Authorized Personnel ONLY". Unauthorized viewing of this material is a violation of the law. Grand Jury information may be mailed ONLY if it is sent certified, registered, or by Fed-Ex. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE (I, We) hereby certify that the foregoing is a true and accurate transcript, to the best of (my, our) skill and ability, from my stenographic notes of this proceeding. Date Court Reporter There shall be no charge for either this certification page or any index page if used. Deposition Transcripts (a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating their intention to take the deposition by returning the signed work order form and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a deposition is continued for more than one day, the Contractor agrees that it will assign the same court reporter for each continued segment of that given deposition. The Contractor shall ensure that the same court reporter provides the court reporting services for each continued segment of that deposition absent good cause. Should the Contractor not be able to provide the same court reporter, it will notify the USAO that another court reporter will be providing the court reporting services. (b) Original Transcripts. Unless otherwise stated, depositions shall be typed in an original and delivered within the turnaround times as set forth below. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract. 1. Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the deposition. A regular transcript shall be delivered to the USAO of each witness�s testimony, without being requested by the USAO, unless an expedited transcript is requested by the USAO in accordance with (4. Expedited) below. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO. 2. Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings. 3. Daily: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testimony of this requirement. 4. Expedited: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement. 5. Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above. 6. Diskette or CDR. A 3.5 inch diskette or CDR containing the transcript shall be produced in a ASCII, Word or WordPerfect format upon the specific request of the USAO. 7. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in Section B of this contract. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 9:00am to 12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid either one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. The Contractor shall allow the Government ten (10) working days to request proceedings transcript before assessing an attendance fee. 8. Cancellation Fee. The contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the Government does not notify the contractor within the designated time, the contractor may request a cancellation fee. 9. Other Requirements. As follows: (1) A transcript of all witness testimony shall be produced in accordance with above. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO. (2) Each witness' testimony shall be in a separate transcript. 10. Delivery. Deposition transcripts shall be delivered as instructed by the individual Assistant . U.S. Attorney. 11. Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows: CERTIFICATE I, (NAME OF REPORTER), a Shorthand Reporter and a Notary Public, do hereby certify that the foregoing witness, (NAME OF WITNESS), was duly sworn on the date indicated, and that the foregoing is a true and accurate transcription of my stenographic notes and is a true record of the testimony given by the foregoing witness. I further certify that I am not employed by or related to any party to this action by blood or marriage and that I am in no way interested in the outcome of this matter. In witness whereof, I have hereunto set my hand this day of , 20 . There shall be no charge for either this certification page or any index page if used. Recording Requisites (a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Stenomask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape. 1. Monitored Multi-microphone Recording Systems. The mandatory requirements follow: � The Contractor's personnel shall operate and monitor the recording equipment at all times. � The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. � The recording equipment utilized shall provide for the instant playback of testimony. � The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness. � The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape. � The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. � The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge. � The recording monitor shall be able to identify speakers. � A back-up system shall be available so as not to delay the proceedings. � The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason. 2. Stenomask Recording. The mandatory requirements in the event stenomask recording is permitted are as follows: � The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice. � The equipment shall contain simultaneous playback, listening, and preamplification. 3. Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into English onto the screen. 4. Computer Aided Transcription (CAT). With this type of system, the steno strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape is made also so that a reverification can be made of the transcript. 5. Video Tape Recording. The Government must determine video formatting, DVD, CD, or VHS. (b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he shall at all times be governed by the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, and matters of like character. (c) Depositions shall be taken by a Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and specifically Rule 30(e), which provides in pertinent part as follows: "If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed." The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. In the event further information is desired, the above referenced volume is a part of the United States Code, Title 28 and may be found at any public library. (d) Everything spoken pertaining to the subject matter of the deposition shall be reported, unless the Presiding Official otherwise directs. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs. (e) All notes, records, documentary exhibits, and any other material which is a part of, or relates to, any action recorded by the Contractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise instructed. (f) Right to Remove Individual Reporter - It shall be an absolute right of the Government to inform the Contractor through the Contracting Officer of the unacceptability of specific court reporters for Grand Jury or Deposition work. The failure of the Contractor to provide a court reporter other than one designated unacceptable by the Government shall provide a basis for the Government's decision to obtain court reporting services from another source. Transcript Format (a) A separate transcript shall be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury date, time of the commencement of the proceeding for that particular witness, docket number, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the deposition, etc. and shall be followed by a page of distinctive color indexing the exhibits where applicable. (b) The paging of the transcripts shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc., and the paging of the transcript in a hearing shall follow consecutively the paging of the last previous hearing in the same case. (c) Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound index paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature. (d) All transcripts shall be typed with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on paper 8 � inches x 11 inches in size, with a ruled margin of 1 3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness name, date of testimony, and page number. The lines of testimony are to be numbered on each page beginning with #1. These numbers will appear just to the left of the left ruled margin. Whenever testimony is continuous, requiring more than one line, the typing shall begin one blank space after the left hand ruled margin and shall continue to the right hand ruled margin, with no blank spaces. The distance between the left hand ruled margin and the right hand ruled margin will be 6 3/8 inches. Therefore, there will be no less than 60 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily containing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines to the page. The first line of Q and A's will be indented 5 spaces, then followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. The first line of colloquy will be indented 10 spaces, followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an additional line. There should be no unnecessary blank lines unless absolutely necessary for readability. The USAO will be the sole judge of this format. Reduced page transcripts (Condensed Transcripts) shall include four transcript pages in reduced format on a single 8 � x 11 inch page. (e) Exhibits admitted in evidence, identified in a deposition, or in Grand Jury proceedings, when requested by the Government attorney shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, as directed by the individual Assistant U.S. Attorney (AUSA) and shall be annexed to the deposition transcript. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photostatic copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs. Availability/Sale of Transcripts (a) Recording of proceedings shall be transcribed by the Contractor only when directed by the USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Copies of transcripts will not be made available to the public. (b) Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the actual cost of duplication. Reports The Contractor shall submit immediately, in writing, to the Contracting Officer and the U.S. Attorney�s Office the following reports: 1. Unauthorized Entry. A report on any information coming to his attention concerning unauthorized entry (actual, attempted, or threatened) at his facilities where work for the United States Attorney�s Office is performed. 2. Loss, Compromise or Suspected Compromise. A report on any loss, compromise or suspected compromise of transcripts, notes or other related material. 3. Any change of ownership, including stock transfers that affect the control of the corporation. 4. Change of operating or address of the facility. 5. A report of any change during the performance of the contract in location of closed or restricted areas as established, including the creation of any new areas requiring approval of the United States Attorney. 6. A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard. 7. The Contractor shall also maintain and keep available for review by the United States Attorney�s Office a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter. Ordering (a) Services to be furnished under this contract shall be ordered by the issuance of work orders signed by Contracting Officer�s Technical Representative (COTR) or Authorized Individual of the United States Attorney�s Office. All work orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order. The contract will not be modified or superseded by any work order issued hereunder. A sample Court Reporting Ordering Form is attached. The ordering form or another acceptable form approved by the USAO can be used to issue work orders for court reporting services under this contract. All work orders placed under this contract must contain the following information: Date of Order Order Number Description of Service Place of Performance Account & Appropriation Data, if applicable Primary Point of Contact of the work order (b) List of Authorized Individuals designated to place work orders under this contract will be determined at the time of award. SECTION D PRESERVATION, PACKAGING AND MARKING Not Applicable. SECTION E INSPECTION AND ACCEPTANCE E.1 Notice Listing Contract Clauses Incorporated by Reference The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001 LABOR-HOUR SECTION F DELIVERIES OR PERFORMANCE F.1 Period of Performance: January 01, 2010 through February 28, 2011 ON OR ABOUT FILL IN F.2 Place of Performance U.S. Courthouse and Federal Building 255 West main Street Charlottesville, Virginia 22901 The place of performance for depositions will be determined at the time work orders are issued. F.3 Performance Standards Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in Section C, Tangible Results and Deliverables, will be conducted jointly by the COTR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. SECTION G CONTRACT ADMINISTRATION DATA G.1 Contracting Officer�s Technical Representative (COTR) Upon award, a Contracting Officer's Technical Representative (COTR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, the COTR shall not be authorized to change any terms and conditions of the resultant contract, including price. The COTR is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer. The COTR for this contract is: (To be determined at time of award) G.2 Contracting Officer The Contracting Officer for this contract is: (To be determined at time of award) Executive Office for US Attorneys Acquisitions Staff 600 E. Street, NW, Suite 2400 Washington, DC 20530 Written communications shall make reference to the contract number and shall be mailed to the above address. G.3 Payment/Invoice Requirements Payment for actual work and services rendered under this contract will be made on a monthly basis. To constitute a proper invoice, the invoice must be prepared in accordance with FAR 52.212-4(g) in Section I. In addition, the following information must appear on the invoice: 1. Date service was performed 2. Location service was performed 3. Attorney�s Name 4. Grand Jury Number (for Grand Jury only) 5. Name of witness Invoices shall be submitted to the COTR at the address shown in Section G. The COTR will certify the invoice for payment and forward the invoice to the Finance Office for payment with a copy to the Contracting Officer. All follow-up invoices shall be marked �Duplicate of Original.� Contractor questions regarding payment information or check identification should be directed to DOJ Vendor Assistance Hotline on (202) 616-6260. G.4 Accounting and Appropriation Data [To be completed at time of award] SECTION H SPECIAL CONTRACT REQUIREMENTS H.1 Personnel Security (a) The USAO will process background security investigations for Grand Jury court reporter Contractor personnel required for performance of this contract. Employees of the Contractor shall not be assigned to Grand Jury transcription work under this contract unless and until the Contractor has been notified, in writing, by authorized USAO personnel stating the employee has been granted necessary security approval. If the Contractor is notified during the life of this contract by an official of the USAO that an employee's access to Grand Jury information has been revoked or suspended, the Contractor shall immediately notify the Contracting Officer. The Contractor's total loss of access approval for Grand Jury court reporters shall be cause for termination of this contract. (b) The Contractor shall submit to the USAO a list of the names of all principals, staff members, and regular employees requiring access to the work performed under the contract. This includes personnel of the principal Contractor and any subcontractor and consultants. No employee may be used on Grand Jury testimony until the Contractor has, for each individual, received in writing the approval of the USAOs. (c) Should Grand Jury proceedings require access to classified National Security Information by personnel of the Contractor; additional safeguards will be required to protect that information in accordance with the provisions of Title 28 Code of Federal Regulations, Part 17. In such instances, national security clearances for the Contractor's personnel will be required in accordance with Department of Justice policies. (d) In the event the USAO is unable to obtain security approval for access to Grand Jury information for the Contractor by the beginning date of a proceeding, the Government reserves the right to obtain the required services from another source, which has employment security approval for Grand Jury court reporters. (e) The Contractor agrees to ensure any subcontractor proposed for the furnishing of supplies and services which will involve access to Grand Jury information in the Contractor's custody has the appropriate employment security approval in effect prior to being afforded access to Grand Jury information. H.2 Required Security Investigation (a) The Contractor shall assure that all persons to be utilized in the performance of this contract submit to the Government the following Government security investigation forms prior to assignment hereunder. The intent and purpose of the investigation are to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior. The contract employee must furnish all required data in the form and format determined by the United States Attorney (USA) or his/her duly authorized representative. The Contracting Officer will notify the Contractor in writing, with a concurrent copy to the Contracting Officer Technical Representative (COTR), of the results of the investigation. (b) Risk Level In general, services performed by Contractor personnel may fall within three (3) risk categories as described below: High Risk Are those sensitive positions that have the potential for exceptionally serious impact involving duties especially critical to the DOJ or a program mission with broad scope of policy or program authority, such as: Policy development or implementation Higher-level management assignment Independent spokespersons or non-management positions with authority for independent action, Significant fiduciary and procurement authority and responsibilities, and IT-computer positions responsible for the planning, and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system during the operation or maintenance in such a way, with relatively High Risk to cause grave damage or realizing significant personal gain. (Refer to Appendix III, OMB Circular A-130, Management of Federal Information Resources, � for those computer positions that are High Risk at: http://www.whitehouse.gov/OMB/circulars/a130/a130trans4.html Moderate Risk - Are those sensitive positions that have the potential for moderate to serious impact involving duties very important to the DOJ or program mission with significant program responsibilities and delivery of client services to the public, such as: Assistance to policy development and implementation, Mid-level management assignments, Non-management positions with authority for independent or semi-independent action, Delivery of service positions that demand public confidence or trust, IT-computer positions of a lesser degree of risk that required for High Risk positions (Refer to Appendix III, OMB Circular A-130, �Management of Federal Information Resources, � for those computer positions that are other than High Risk.). Low Risk (Non-sensitive) - Are those non-sensitive positions that do not fall into any of the above categories and include those positions with potential for impact involving duties of limited relation to the DOJ mission. (c) Types and Numbers of Background Investigations Work performed under this CONTRACT will fall within one or more of the risk categories defined paragraph 3.2.2(b). As a result, the Contractor's personnel must undergo a background investigation commensurate with the assessed risk category. In addition, before the issuance of any calls for additional personnel, the COTR, the exact number and types of background investigations required for all Contractor positions hired under this CONTRACT. The Contractor will not be permitted to commence performance under the CONTRACT until a sufficient number of its personnel, as determined by the COTR received requisite background investigations or approved pre-appointment background investigation waivers. Period of Performance of the CONTRACT, the Contractor shall ensure that no Contractor or Subcontractor employee commences performance hereunder prior to receipt of written authorization from the Contracting Officer or the COTR. (d) Pre-Appointment Background Investigations and Waivers Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this task order. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, the SPM, in consultation with the COTR, can grant a pre-appointment background investigation waiver. The extent of the background investigation and/or the information needed to waive the background investigation will vary depending upon the Risk Category associated with each position. A waiver will be revoked if the resulting investigation uncovers derogatory information that cannot be resolved in the contract employee�s favor. When derogatory information has been discovered that cannot be resolved in the contract employee�s favor, the employee should be removed from the contract. Minimum pre-appointment investigative requirements are listed below. High Risk Positions. The background investigation shall be an LBI (Limited Background Investigation) consisting of a personal subject interview, NAC, credit history check, written inquiries and record searches covering 5 years, and personal interviews covering specific areas during the most recent 3 years. Pre-appointment waivers may be granted following a successful National Crime Information Center (NCIC) check, vouchering of previous 2 employers and a favorable review of forms submitted. Moderate Risk Positions. The background investigation shall be a NACI (National Agency Check and Inquiries) consisting of a NAC, written inquiries, and record searches covering specific areas of a subject�s background during the past 5 years. Pre-appointment waivers may be granted following a favorable NCIC check and a favorable review of forms submitted. Low Risk Positions. The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check. Pre-appointment waivers may be granted following a favorable NCIC check. (e) The following forms and submission dates shall be adhered to by the Contractor for each type of investigation listed below. The forms shall be submitted to the designated COTR or point of contact within seven days after receipt of the forms. Form Number and Title Number of Copies FD-258 Fingerprint Card 2 SF 85P - Questionnaire For Public Trust Positions 2 (f) Procedures for Pre-Screening Applicants and Investigations Contractor�s Responsibility - The Contractor must determine whether the conduct of the person being considered for assignment on this contract indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on: 1) the position to be filled by applicant; 2) the performance of the duties and responsibilities of others on the CONTRACT or in the Government; or 3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor determines that employing an applicant will not promote the efficiency of this CONTRACT, the applicant must be disqualified from assignment on the CONTRACT. In this regard, the Contractor shall be responsible for performing the following pre-screening and investigative duties for all persons proposed for work under this CONTRACT: 1. Furnish to each proposed Contractor employee the forms described in Section 5 and ensure that adequate instructions for completing the forms are provided to each applicant. 2. Ensure that applicants obtain two (2) complete sets of their fingerprints on the prescribed Form DD-258 from an organization qualified to take fingerprints. 3. Collect completed forms from each applicant and review all forms for completeness and correctness. Return any incomplete or incorrect form(s) to applicant(s) to be corrected and re-submitted. 4. Submit completed forms to the COTR by no later than seven (7) calendar days after receipt of the blank forms. (g) Contractor Status under the National Industrial Security Program (NISP) Companies participating in the National Security Program (NISP) are required the meet certain federal standards for the investigation of facilities and employees. If the Contractor is a registered in the NISP, investigation initiated by the Department may not be required. The COTR should determine if the Contractor is registered in the NISP, then the facility clearance level held by the Contractor, and if individuals selected to work for the USAO were previously investigated in accordance with NISP procedures. If an individual selected to work for the Department was previously investigated within the last 12 months, the COTR will obtain a copy of the Letter of Consent (LOC) issued by the Defense Industrial Security Clearance Office (DISCO). (h) Factors for Suitability Determinations. The USAO uses several basic factors in making suitability determinations for contract employees. This information is intended as a guide for the Contractor during their screening process and is not inclusive of all disqualifying situations. Disqualifying Factors The following conduct factors, as disclosed on the SF-85P and the SF-85P-S, in a written statement or personal interview with the applicant, or established during a reference check may disqualify an applicant from employment on a USAO contract. Contractors should be aware such individuals may not be able to work for the Department under the CONTRACT. Criminal Behavior (e.g., a conviction resulting from a serious felony -- murder, rape, armed robbery, etc. -- regardless of when the conviction occurred; a felony conviction, notwithstanding the severity of the crime, within the previous seven (7) years; a period of incarceration as a result of a felony conviction within the previous seven (7) years; or pending indictments or criminal charges) Infamous or disgraceful conduct (e.g., sexual behavior of a criminal nature, whether or not the individual has been prosecuted, or bizarre behavior indicating depravity) Improper or illegal involvement with drugs within the past 7 years. Current and continuing alcohol abuse Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P or SF-85P-S, etc.) Financial considerations (e.g., deceptive or illegal financial practices; continuing inability or unwillingness to satisfy debts; financial problems linked to such dependencies on alcohol, drugs, gambling, etc.) Non-U.S. Citizenship (e.g. non-legal residents; recent legal residents, residing in the U.S. less than four years; non-U.S. citizens maintaining citizenship in "hostile" countries) Questionable Allegiance to the United States (e.g., membership in organizations or association with individuals advocating violence or overthrow of the U.S. Government or involvement in any act of sabotage, espionage, treason, terrorism, or sedition) Emotional, mental, and personality disorders (when a credentialed mental health professional acceptable to the government has determined that the individual has a condition or treatment that may indicate a defect in judgment, reliability or stability or could physically harm him/herself or others) Previous security violations (e.g., unauthorized disclosure of classified information or deliberate or multiple violations) Misuse of information technology systems (e.g. illegal or unauthorized entry into or illegal, unauthorized, or improper use of an information technology system) Foreign Influence (e.g. when an individual�s immediate family, including co-habitants and other who the individual is bound by close ties or affection, is not a U.S. citizen and may be subject to coercion and/or duress) Foreign Preference (e.g. and individual�s behavior indicates a preference for a foreign country over the United States) (i) Mitigating Factors When questionable conduct is disclosed, the following factors should be considered as to whether or not disqualification of an individual for work in the USAO is warranted. The decision is made on a case-by-case basis, and is subject to review by the assigned Security Officer, in consultation with the COTR. 1. The nature, extent and seriousness of the conduct. 2. The circumstances surrounding the conduct, to include knowledgeable participation. 3. The frequency and recency of the conduct. 4. The individual�s age and maturity at the time of the conduct. 5. The voluntaries of participation. 6. The presence or absence of rehabilitation, resolution, and other pertinent behavioral changes. 7. The motivation for the conduct. 8. The potential for pressure, coercion, exploitation or duress. 9. The likelihood of continuation or recurrence. (j) Given the above guidelines for determining suitability, the Contractor should be able to determine, without USAO involvement, which applicants are unsuitable for employment under this contract. However, additional questions and requests for information may result from review of the security packages by USAO personnel. In the event the USAO or the contractor has reasonable cause to believe that an employee under the CONTRACT falls under any of the eleven mandatory disqualification factors listed above, the employee must be removed from this CONTRACT. In addition, all contract employees are expected to adhere to the USAO Standards of Conduct. (k) The COTR will notify the Contractor of the results of background investigations as they are completed and adjudicated. The COTR will also notify the Contractor of any applicants who are found ineligible for employment under this contract so that the Contractor can immediately recruit and initiate paperwork to clear replacement applicants. If a contract employee is already business on the CONTRACT and is determined to be ineligible, he or she will be removed from the call order. (l) The COTR will notify the Contracting Officer when a sufficient number of Contractor employees have received employment security approvals or pre-appointment waivers approvals. Upon receipt of this information and any other information, which may be required elsewhere in the CONTRACT, the Contracting Officer will issue the Contractor a Notice to Proceed, which permits the commencement of work under the call(s). (m) The Contractor shall ensure no contract or subcontract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer. (n) The Contractor shall make every effort to preclude incurrence of costs by the Government for security investigations for replacement of employees, and in so doing shall ensure otherwise satisfactory and physically able employees assigned hereunder remain in contract performance for at least one year. The Contractor shall take all necessary steps to assure contract or subcontract personnel selected for assignment to this contract are professionally qualified and personally reliable, of reputable background and sound character, and meet all other requirements stipulated herein. The fact the Government performs security investigations shall not in any manner relieve the Contractor of the responsibility to ensure that all personnel furnished are reliable and of reputable background and sound character. Should a security investigation conducted by the Government render ineligible a Contractor-furnished employee, the Contracting Officer will investigate the cause and determine whether the Contractor has abdicated his responsibility to make every effort to select reliable employees of reputable background and sound character. Should there be a need to replace a contract or subcontract employee due to non-performance, the Contracting Officer will determine whether the Contractor has abdicated his responsibilities to make every effort to select trained and experienced employees. (o) Should the Contracting Officer determine the Contractor has failed to comply with the terms of paragraph above, the Contractor may be held momentarily responsible, at a minimum, for all reasonable and necessary costs incurred by the Government to (a) provide coverage (performance) through assignment of individuals employed by the Government or third parties in those cases where absence of contract personnel would cause either a security threat or USAO program disruption, and (b) conduct security investigations in excess of those which would otherwise be required. (p) Nothing in this clause shall require the Contractor to bear costs involved in the conduct of security investigations for replacement of an employee who becomes deceased or severely ill for a long period of time. (q) Under no circumstances shall the Contractor fail to comply with the terms and conditions set forth herein without assuming liability for such failure as may be established pursuant to this clause. The rights and remedies conferred upon the Government by this clause are in addition to all and other rights and remedies specified elsewhere in this contract or established by law. H.3 Contractor Physical Security Requirements (b) Contractor employees assigned to work areas where Grand Jury information is processed, stored, or transcribed must challenge the presence of any unknown or unauthorized person. The need-to-know principle shall be adhered to at all times within the closed area. When the materials are not stored in security containers or vaults, and when in actual use by authorized personnel, they shall be protected as follows: o Kept under constant surveillance by an authorized person who is in a physical position to exercise direct security controls over the material. o Covered, turned face down, placed in storage containers, or otherwise protected when unauthorized persons are present. o The room containing the materials must be locked when vacated for short periods of time. o Returned to storage containers as soon as practicable after use. Grand jury material shall not be removed from the premises of the court reporter for transcription except for delivery to the USAOs. Approved storage containers include: the GSA Class 6 security container; a lock-bar file cabinet (with a GSA approved lock); or 3-position dial safe. (b)An Intrusion Detection System (IDS) An IDS must be installed to provide intrusion detection to the area where the Grand Jury information is stored. All potential points of entry to the area must be protected with door position and window sensors. Inoperable windows or those located greater that 15 feet above ground don not require the sensors. If exterior access to the windows can be gained from adjacent unprotected space, then a window sensor(s) is required. The interior area will be protected through the use of volumetric sensors, such as passive infrared and or microwave detectors. Combination detectors that utilize both technologies should be programmed to initiate an alarm when both technologies detect an intrusion. The system shall be capable of arming/disarming through the use of a PIN (Personal Identification Number) and a keypad located within the protected area. The IDS must be installed and connected to a central station for monitoring at the Contractor�s facility or the facility of a subcontractor. The central station and the IDS must be Underwriters laboratories (UL) listed for these functions. Local guard or law enforcement response to alarm must occur within 15 minutes of activation. A direct- connect or remote station alarm system (i.e., a system connected by direct wire to alarm receiving equipment located in a local police department headquarters, which is activated and deactivated by the using Contractor and responded to by personnel of the local police department) may be utilized. If the contracted firm is housed in a building with a 24 hour guard service, the IDS requirement may be waived with approval of the Contracting Officer. The representative of the Contractor shall be required to report immediately to the facility to ascertain the nature of alarm and to take appropriate measures to ensure the security of the material. The contractor shall notify the COTR of any occurrences of alarm activation. Theft, attempted theft of apparent tampering with stored information must be immediately reported, occurrences of false alarms shall be reported the next business day. (c) End-of-day security checks shall be performed within the contract facility to ensure that precautions are taken to protect grand jury material. The contracting firm shall designate an individual or individuals, to make daily checks to ensure all grand jury material has been properly stored. This can be the Grand Jury Court Reporter personnel, or another individual who has been granted security approval by the EOUSA SPS. (d) The Contracting Officer or his/her authorized representative, of the USAO, shall have the right to inspect at reasonable intervals, but at least annually, the procedures, equipment, and facilities used by the Contractor to ensure compliance with these requirements. H.4 Information Technology Information Technology Equipment refers to computers, steno machines, transcription devices, printers, scanners, and all other technological devices used to electronically process grand jury information for the USAO. When grand jury court reporters process grand jury information outside the USAO while utilizing Information Technology equipment that is not the property of the USAO, the equipment will be used in a dedicated, stand-alone, single user mode (no network capability). The information must be unclassified. All processing must be done on removable storage media (floppy disks, CDs, removable hard drives, cartridges). Removable storage media must be marked "Grand Jury Information." When marking the media, no acronyms should be used. In addition, any Information Technology equipment used to process USAO information may be subject to certification/accreditation and/or disk-based sanitization to protect grand jury information. Grand Jury Court reporters may not use personally-owned PCs and equipment to process grand jury information. Personally-owned PCs and equipment are those devices the grand jury court reporter uses to conduct personal projects related to obligations, affairs, assets, or life of the operator. When grand jury court reporter owned PCs are used, and/or have fixed hard drives, and the PC is also used for transcription work outside of the USAO, the equipment must have the ability to download to USAO equipment or storage media. In addition, temporary files must be deleted from the grand jury court reporter�s equipment using the currently approved USAO sanitization method. Access to information technology equipment must be controlled and restricted to personnel authorized to handle grand jury information and having appropriate access approval. Unauthorized personnel must not be permitted to view any grand jury information. The equipment must be turned off, or otherwise disabled, when not in use. The removable media must be stored in an approved security container or lockable file cabinet (in accordance with 6.C.1) after normal working hours or when the equipment is not in use. All printed output material must be protected. USAO personnel must ensure this requirement is adhered to and documented in the Grand Jury Inspection Reports. Only appropriately-cleared maintenance personnel escorted and monitored by USAO personnel or court reporter service personnel are allowed to perform on-site maintenance for the equipment. The USAO must grant approval before maintenance of the PC is allowed. The storage media must be removed from the PC prior to removal of the PC from the area for maintenance. Grand jury information should be backed up on a weekly basis. Grand jury information may not be processed by individuals outside of those contracted and granted security approval. H.5 Disposition (a) During the contract performance period, if any removable hard drives or cartridges used in conjunction with this contract become defective, this (these) removable hard drive(s) or cartridge(s) shall be removed and turned over to the Department of Justice for destruction. The Government will not compensate the Contractor for costs of any defective drives. (b) At the conclusion of the contract period, all media materials used in conjunction with this contract (i.e. floppy disks, removable hard drives or cartridges, cassette/magnetic tape, stenographic and hand-written notes, typewriter ribbons, etc.) shall be turned in to the USAO for destruction.

Heating In 3 Existing 1 Hour Fire Rated Cubicles

National Archives and Records Administration, NAA | Published December 2, 2008  -  Deadline December 17, 2008
cpvs

December 2, 2008 Dear Offeror: The National Archives and Records Administration (NARA), Northeast Region in Waltham Massachusetts is planning to issue a firm fixed price contract to procure HVAC in modular offices. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The business address is 380 Trapelo Road, Waltham MA 02452. The award will be made to the Lowest Price Technically Acceptable Source in accordance with FAR Subpart 15.101-2. This acquisition is set aside 100% for Small Business. You are invited to submit a quotation utilizing Enclosure 1, Schedule of Prices for the Services specified in Enclosure 2, Performance Work Statement (PWS), under Request for Quotation (RFQ) NAMA-09-Q-0014. The quotation will be submitted in the form of a written quotation in accordance with the procedures outlined in Enclosure 3, Quotation Submission Instructions. You should submit the quote not later than 3:00 PM (EST) December 17, 2008. To aid you in your planning and quotation development, the following information is provided as enclosures to this RFQ: Enclosure 1 Schedule of Prices Enclosure 2 Performance Work Statement Enclosure 3 Quotation Submission Instructions Enclosure 4 Contract Administration (provides contract administration information and requests that certain data be provided by your firm). Enclosure 5 Terms and Conditions (provided additional clauses that will be included as part of the delivery order when it is issued). Not included in FEDBIZ Ops posting due to space requirements. For a complete copy send e-mail to Lauren.beckwith@nara.gov. The contractor is required to registered in the Central contractor Registration (CCR) for electronic payment purposes. This request does not commit the Government to pay for any costs incurred in the preparation of this quotation or to contract for the supplies or service. All written information identified above must be submitted to the Contract Specialist (CS) at the following address: Lauren Beckwith NARA NORTHEAST REGION 380 Trapelo RD Waltham, MA 02452 e-mail: lauren.beckwith@nara.gov Additionally, any questions regarding this RFQ and any terms and conditions should be submitted in writing to Ms. Beckwith not later than Monday the 11th of December by 3:30 Eastern before the deadline for receipt of quotations. Ms. Beckwith may be reached on telephone number 781-663-0122, fax number 781-663-0154, or e-mail at Lauren.beckwith@nara.gov. To request a copy of the Solicitation in Word format, please e-mail Lauren.beckwith@nara.gov. If you do not wish to submit a quotation for this effort, you are requested to notify Mr. McIver as soon as possible by e-mail or fax. Jon McIver Contracting Officer ENCLOSURE 1 NOTE: The Purchase Order Price will be determined by summing the individual CLIN prices. CLIN = Contract Line Item Number; PWS = Performance Work Statement; NSP = Not Separately Priced. NOTE: This is a firm fixed price order. 3.0 SCHEDULE OF PRICES NOTE: Insert unit prices proposed for each CLIN. The Total Contract Maximum Price will be determined by adding the CLIN prices for each year. CLIN = Contract Line Item Number; PWS = Performance Work Statement. CLIN 0001: Description, Install Grilles with fire dampers in 3 each offices for return air. Quantity, 1 lot for 3 zones. Unit Price $_______ Total Price $______ (3 each times unit Price) CLIN 0002: Description, Install in Attic (non-finished) Ductwork to Existing House, Insulation/Hard duct Main/Flex Runouts/RGS�s per ton. Quantity, 3. Unit Price $_______ Total Price $______ (3 each times unit Price) CLIN 0003: Description, Install Duct Insulation (per ton). Quantity, 3. Unit Price $_______ Total Price $______ (3 each times unit Price) CLIN 0004: Description, Install Minizone Panel 3 Zone, 1 �Stage. Quantity, 1. Unit Price $_______ Total Price $_____ CLIN 0005: Description, Install 40VA 120 Volt Transformer. Quantity, 1. Unit Price $_______ Total Price $_____ CLIN 0006: Description, Install Trola-temp (other) Electronic Zone Damper, Standard Size. Quantity, 3. Unit Price $_______ Total Price $_____ (3 each times unit Price) CLIN 0007: Description, Install Install zoning system & by-pass (3 zones). Quantity, 1. Unit Price $_______ Total Price $_____ CLIN 0008: Description, Subcontract, if necessary, electrical contractor to wire new circuit. Quantity, 1. Unit Price $_______ Total Price $_____ CLIN 0009: Description, Install 3- 12X8 Transfer Grilles with 1-hour rate integral fire damper (return air to each office). Quantity, 1. Unit Price $_______ Total Price $_____ CLIN 0010: Description, Install 3 Programmable Thermostat Honeywell, Focus Pro 6000. Quantity, 3. Unit Price $_______ Total Price $_____ (3 each times unit Price) ENCLOSURE 2 PERFORMANCE WORK STATEMENT FOR Heating System to be Installed in Existing Modular Offices with 1 hour Fire Rating 1.0 INTRODUCTION Statement of Need Heating and ventilation in modular offices located in a warehouse. Ducting present duct in warehouse and adding three control zones. 2.0 BASIC REQUIREMENTS 2.1 Ducting present duct in warehouse and adding three control zones. Grilles with fire dampers need to be installed in each office for air return. 2.2 General Requirements: Heating and ventilation for modular offices . 2.3 The contractor will perform all professional services for Setup and installation of the work stations 3.0 PLACE OF PERFORMANCE Work will be performed at the following location: National Archives and Records Center 380 Trapelo Rd Waltham, MA 02452 Entrance for installation will be via Loading Dock 4.0 PERIOD OF PERFORMANCE The period will be for installation will be 90 days after award. 5.0 HOURS OF OPERATION Work must be undertaken during regular business hours, Monday through Friday, unless mutually agreed upon by NARA Contracting Officers Representative (COR) and the Contractor. 6.0 TASKS AND DELIVERABLES The deliverables are discussed in paragraph 2.1 above. Performance Specifications/Additional Requirements: MISCELLANEOUS REQUIREMENTS 6.1 All work must be completed on a schedule mutually agreed upon by the vendor and the Government no later than one year from contract award date in base year or applicable option year, if exercised. 6.2 No transportation or travel expenses will be paid. 6.3 Vendor must accept direct deposit for payment. (Vendor must be registered with the CCR registry.) Government-furnished materials: N/A Subcontractors: In the event that subcontractors are needed for portions of this project, they shall be required to fully comply with all relevant portions of this performance work statement and the final contract between the Government and the prime Contractor. Enclosure 3 QUOTATION SUBMISSION INSTRUCTIONS The National Archives and Records Administration (NARA) requires Offerors to provide a written quotation, which is limited to 10 pages with a type font of no less than 10pt. to NARA officials for the purposes of assuring that the prospective Contractor fully understands the scope of this procurement and has the capability to complete all PWS requirements. NARA will incorporate the written quotation into the contract. Pricing information is excluded from the 10 page limit and should be submitted separately in CLIN structure from the Technical proposal. a. 1. Content of the Technical Quotation. The Offeror�s technical quotation to the Government must demonstrate the Offeror�s technical approach; personnel; and related experience and past performance. The purpose of the technical quotation is to enable the Government to assess and determine the soundness of each Offeror�s: demonstrated relevant knowledge and competence with regard to the Government�s requirements and program objectives; relevant capability to perform; understanding of, and approach to the work that the Offeror would have to perform under the prospective order; and the relevant challenges and risks. The technical quotation must not include any price or cost information. However, resource information such as data concerning categories, material manufacturer, and subcontracts must be contained in the presentation so that the Offeror�s understanding of the PWS can be evaluated. 2. Price Quotation. The quotations will be evaluated in accordance with the procedures outlined in FAR Subpart 15.101-2 and award will be made to the offeror that submits the lowest price technically acceptable offer. a. The period of performance will begin from date of award and be completed within 90 days. b. The Offeror must provide the following information on the first page of the pricing quotation: (1) RFQ Number; (2) Name and address of Offeror; (3) Name and telephone number of point of contact; (4) Name of contract administration office (if available); (5) Type of order; and (6) Proposed prices per the Schedule of Prices - best prices offered to the government (See Enclosure1). c. If the Offeror is on GSA schedule for similar efforts, provide an electronic link to the GSA contract along with the number. d. All other direct costs (ODCS) items must be separately identified and explained. e. All labor hours must be made in accordance with minimum wage requirements set up by the Department of Labor, (DoL), for the Waltham Massachusetts area. See DoL required wages attached to this RFQ. Enclosure 4 Contract Administration GOVERNMENT CONTRACT ADMINISTRATION (a) This task order will be administered by: National Archives and Records Administration Acquisition Services Division, Code NAA Room 3340 8601 Adelphi Road College Park, MD 20740-6001 (b) Contract Specialist (CS): Ms. Lauren Beckwith, Contract Specialist (CS) Telephone: (781) 663-0122 The Contracting Officer (CO), has the overall responsibility for the administration of this task order. Written communication to the CO must make reference to the task order number and must be mailed, postage prepaid, to the above address. (c) Contracting Officer (CO) Jon McIver (CO) Telephone: (480) 584-9433 The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the task order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from task order payments for non-performance or unsatisfactory performance; terminate the task order for convenience or default; and issue final decisions regarding task order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. Enclosure 5 Terms and Conditions NARA 4.1 SUBMISSION OF FORMS AND REPORTS JUL 2000 All postage and fees relating to submitting information, including, but not limited to, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative COR shall be prepaid by the Contractor. End of Clause NARA 4.2 MARKING OF INFORMATION OR REPORTS JUL 2000 All information or reports submitted shall prominently show on the cover of the report: 1 Name and business address of Contractor; 2 Contractor�s point of contact for report and phone number; 3 Contract number and/or Order number; 4 Contracting Officer�s name, phone number and address; and 5 Name and address of Contracting Officer's Representative COR. End of Clause NARA 7.2 DESIGNATION OF CONTRACTING OFICER�S REPRESENTATIVE COR Paul Palermo Contracting Officer's Representative (COR) National Archives and records Administration 380 Trapelo Rd Waltham, MA 02452 Office Phone (office) /781-663-0139 (fax) 781-663-0154 Paul.Palermo@nara.gov (i) The individual named above is designated as the Contracting Officer's Representative (COR) to assist the CO in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the CS, and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic task order between the Contractor and any person other than the CO be effective or binding upon the Government. (ii) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the task order, the Contractor must promptly notify the CO in writing. (iii) No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change. (iv) The responsibilities of the COR include, but are not limited to, the following: (A) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO; (B) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this task order; (C) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO; (D) Review and certify invoices in accordance with invoicing instructions of the task order. Maintain a file with copies of these documents; (E) Review and evaluate Contractor's IDIQ estimates, furnish comments, and recommendations to the CS/CO; (F) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues; (G) Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; (H) Submit a written evaluation to the CS/CO within 60 days of task order completion or annually on the anniversary date for task orders that include options. The evaluation should include: (1) the quality and timeliness of the Contractor�s performance; and (2) a statement as to the uses made of any deliverables furnished by the Contractor. (I) In addition to the specific duties as listed above, you are also responsible for knowing the employment status of the contractor�s employees working at the NARA sites of AI and AII. When you are notified that the contractor�s employee is leaving the contract or the work site has changed, you must notify NASS of the new status. You should also ensure that the contractor�s employee returns the NARA issued identification and the proximity card for AII when they no longer need access to the buildings. Your signature is required on the Contractor�s Identification Card Authorization in order for the contractor�s employee to be issued a NARA identification badge and a proximity card in the case of an AII work site. An identification badge and proximity card will not be issued without a signed Authorization that includes an expiration date. Please refer to NARA Directive 272 for more information on contractor�s employees� identification badge and proximity card issuance. NARA 7.5 INVOICE SUBMISSION REQUIREMENTS A. Invoices should be submitted electronically to the following e-mail address: NAR@BPD.TREAS.GOV. Protected Microsoft Excel files are the preferred format, however, Adobe Acrobat Portable Document Format (PDF) and Microsoft word are also acceptable. To receive a free notification of your electronic payment, register at http://fms.treas.gov/paid. If electronic invoices are not possible, all original invoices (plus two copies) submitted for payment shall be sent to: ARC/ASD/NAR Avery 3F Bureau of Public Debt PO Box 1328 Parkersburg, WV 26106-1328 For Bureau of Public Debt paying office (ARC/ASD/NAR) payment and invoice questions, call 304-480-8000 B. One copy to the Contract Specialist (identified above). C. One copy to Lauren Beckwith, NRA National Archives and records Administration 380 Trapelo Rd Waltham, MA 02452 Lauren.Beckwith@nara.gov D. The contractor's invoice shall include the following information and/or attached documentation: (1) Name of the business concern and invoice date; (2) The complete contract number and/or deliver/task order number preceded by the letters NAMA; (3) Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number (s); (4) Payment Terms; (5) DUNS number; (6) Taxpayer's Identification Number (TIN); (7) Government Fund Cite; and (8) Government Organization ordering the items E. All invoices will be paid using information from the Central Contractor Registration (CCR). Therefore, payment will be made to the EFT information that matches the DUNS number for this award. NARA 8.1 SECURITY, PHYSICAL ACCESS SECURITY MAY 2006 a. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for contract employees with non-classified security level access to Government facilities. All employees assigned to positions requiring access to NARA facilities under this contract as shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to NARA Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities. b. Unless otherwise specified, the Contractor must submit to the COR, as soon as possible, but not later than ten (10) working days before contract performance is required to begin, one (1) completed Form FD 258, Fingerprint Chart; one (1) background investigation form (SF 85, SF-85-P or SF-86, as applicable)((this may be through e-QIP system with prior coordination with the NARA Personnel Security Office); one (1) Form I-9, Employment Eligibility Verification; and one (1) Declaration for Federal Employment, Optional Form 306 (OF 306) for those officers of the firm who may visit the worksite during the period of this contract and for all employees who have access to the buildings in the performance of the contract work. These forms must be submitted for replacement employees (10) days before entrance on duty. The Government will be responsible for processing these forms and adjudicating the results of the investigations. If the Government receives an unsuitable report on any employee after processing these forms, the Contractor will be advised immediately that such employee cannot continue to work, or be assigned to work, under this contract. Contractors, who hire employees investigated and determined suitable during employment with preceding Contractors, are not required to submit another set of these forms, if the employee has been determined suitable within the past three (3) years, unless specifically requested to do so by the COR. c. During the course of this contract, regardless of where the work is being performed, in a NARA facility or another location authorized by the contract, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with confidential documents and confidential information about documents and proposed Federal Agency actions. The Contractor, including Contractor�s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task. The limitations above do not apply to data or information that has been made public by the Government. d. The requirements of this clause are applicable to, and must flow down, to all subcontractors who will work at NARA facility(ies). (End of Clause) NARA 8.3 STANDARDS OF CONDUCT (a) The Contractor will be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the task order work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government. (b) The Contractor will be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards. (c) Where applicable, the requirements of this clause must be expressly incorporated into subcontract(s) and must be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this task order. (d) The Government retains the right to remove permanently any employee of the Contractor from performing duties assigned under this task order at the Federal building should the employee's performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the Federal building/work-site should it be determined by the Contracting Officer that the individual employee of the Contractor is "unsuitable" for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all-inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site: (i) Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite; (ii) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; (iii) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which interfere with the normal and efficient operations of the Government; (iv) Theft, vandalism, immoral conduct, or any other criminal actions; (v) Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects; (vi) Improper use of official authority or credentials, as a supervisor or employee of the Contractor; (vii) Violation of agency and Contractor security procedures and regulations; and (viii) Violation of the rules and regulations governing federal public buildings and grounds, set forth in 41 CFR Subpart 101-20.3 Conduct on Federal Property. (e) Following a recommendation from an agency program official or security officer, the Contracting Officer will make all determinations regarding the removal of any employee of the Contractor from and denial/termination of clearance and access to the federal building worksite for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination. (f) Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building worksite, the employee's clearance and access to the federal building must be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee must be immediately surrendered, returned, or delivered to the security officer of the federal building. NARA 8.4 PERMITS AND LICENSES SEP 1998 In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. (End of Clause) NARA 8.8 SIGN IN / SIGN OUT LOG SEP 1998 All contract employees, including subcontract employees, must sign in and out at the beginning and end of their shifts or, if a temporary vendor employee, when reporting in and leaving for a service call, on a log established at the Archives facility(ies) for contract administration purposes. The NARA Form 6026 Record of Time of Arrival and Departure from Building shall be used for this purpose. The contract employee must sign in when reporting to the building for additional services, overtime, or emergency call-back service and sign out when leaving. The NA Form 6026 shall be marked to indicate whether the purpose of the contract employee visit was for overtime, emergency call back, additional services, or regular duty. Contract supervisors must indicate their position titles next to their signatures. The log shall be the property of the Government. (End of Clause) NARA 8.9 INSURANCE REQUIREMENTS SEP 1998 a. In accordance with the clause of this contract entitled �INSURANCE--WORK ON A GOVERNMENT INSTALLATION� (FAR 52.228-5), the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below. TYPES OF INSURANCE MINIMUM AMOUNT Worker's Compensation and all $100,000, except as provided occupational disease for in FAR 28.307(a) Employee's Liability Insurance and all $100,000 per accident occupational disease when not covered by Workmen's Compensation above General Liability Insurance (Comprehensive) Bodily Injury per occurrence $500,000 Property Damage per occurrence $100,000 Vehicle Liability Insurance (Comprehensive) Bodily Injury per person $200,000 Bodily Injury per accident $500,000 Property Damage per accident $100,000 b. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. (End of Clause) NARA 8.10 OVERTIME SEP 1998 All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government. (End of Clause) NARA 8.11 COOPERATION WITH OTHER ON-SITE CONTRACTORS, SEP 1998 a. When the Government undertakes or awards other contracts for additional work at the facilities, the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work to such other additional contracted work as may be directed by the Contracting Officer�s Representative (COR). The Contractor shall not commit or permit any act which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees. b. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract. (End of Clause) 1. CONTRACTOR RESPONSIBILITY The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the task order. OTHER TERMS AND CONDITIONS (a) The Offeror must provide the Contractor Identification Number - Data Universal Numbering System (DUNS) FAR 52.204-6 (APR 2008). (b) The Offeror must provide the Taxpayer Identification Number in accordance with FAR 52.204-3 (OCT 1998). (c) Exceptions Taken to any Terms and Conditions Stated in the RFP. Complete rationale, justification, and cost impact must be included. The Government advises Offerors that it intends to evaluate quotations and award an order without discussions. Questions regarding terms and conditions should be submitted in writing to the Contract Administrator not later than five (5) working days before the deadline for receipt of quotations. 52.216-1 TYPE OF CONTRACT APR 1984 (IAW FAR 16.105) The Government contemplates award of a Fixed Price Indefinite contract resulting from this solicitation. 52.217-8 Option to Extend Services (Nov 1999) Nov 1999 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract end date. 52.233-2 SERVICE OF PROTEST SEP 2006 (IAW FAR 33.106(a)) Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from National Archives and Records Administration NAA - Acquisition Services Division 8601 Adelphi Road Room 3340 College Park, MD 20740-6001 301-837-0286 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) CLAUSES 52.212-2 IAW FAR 12.301 ( c ) Evaluation�Commercial Items (January 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers and shall be in separate volumes: 1) Technical Understanding, Approach, Capabilities, and Management; 1 Copy 3) Price 1 Copy (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Part IV � Representations and Instructions 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Jun 2008) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- �Emerging small business� means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. �Forced or indentured child labor� means all work or service� (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. �Manufactured end product� means any end product in Federal Supply Classes (FSC) 1000-9999, except� (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. �Place of manufacture� means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. �Restricted business operations� means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate� (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. �Service-disabled veteran-owned small business concern�� (1) Means a small business concern� (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). �Small business concern� means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. �Veteran-owned small business concern� means a small business concern� (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. �Women-owned business concern� means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. �Women-owned small business concern� means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications�Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the Contract Clauses 52.212-1 -- Instructions to Offerors -- Commercial Items (June 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) �Remit to� address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender�s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is �late� and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and� (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government�s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror�s initial offer should contain the offeror�s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L�Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ ) (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by� (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation �DUNS� or �DUNS+4� followed by the DUNS or DUNS+4 number that identifies the offeror�s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency�s evaluation of the significant weak or deficient factors in the debriefed offeror�s offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Feb 2007) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

USCG Enterprise Managed Telephony and Unified Communications Systems Installations and Equipment Recapitalization

Department of Homeland Security, United States Coast Guard (USCG) | Published May 19, 2010  -  Deadline June 30, 2010
cpvs

Any inconsistencies in this solicitation or contract shall be resolved by giving prece¬dence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of¬name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. C.2 FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (June 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: No. FAR Clause Number FAR Clause Title 1 52.222-50 Combating Trafficking in Persons (FEB 2009) 2 52.233-3 Protest After Award (OCT 2004) 3 52.333-4 Applicable Law for Breach of Contract Claim (OCT 2004) (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 Applicable FAR Clause Number FAR Clause Title XX 52.203-6 Restriction on Subcontractor Sales to Government (SEP 2006) XX 52.203-13 Contractor Code of Business Ethics and Conduct N/A 52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act (MAR 2009) N/A 52.204-11 American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009) N/A 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) N/A 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) XX 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate I (OCT 1995) XX 52.219-6 Notice of Total Small Business Set-Aside Alternate II (MAR 2004) N/A 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate I (OCT 1995) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate II (MAR 2004) XX 52.219-8 Utilization of Small Business Concerns (MAY 2004) XX 52.219-9 Small Business Subcontracting Plan (APR 2008) XX 52.219-9 Small Business Subcontracting Plan Alternate I (OCT 2001) XX 52.219-9 Small Business Subcontracting Plan Alternate II (OCT 2001) N/A 52.19-14 Limitation on Subcontracting (DEC 1996) N/A 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Alternate I) (JUN 2003) N/A 52.219-25 Small Disadvantaged Business Participation Program__________ Disadvantaged Status and Reporting (APR 2008 N/A 52.219-26 Small Disadvantage Business Participation Program - Incentive Subcontracting (OCT 2000) N/A 52.219-27 Notice of Total Service-Disable Veteran-Owned Small Business Set-Aside (MAY 2004) N/A 52.219.28 Post Award Small Business Program Rerepresentative (APR 2009) XX 52.222-3 Convict Labor (JUN 2003) XX 52.222-19 Child Labor - Cooperation with Authorities and Remedies (FEB 2008) XX 52.222-21 Prohibition of Segregated Facilities XX 52.222-26 Equal Opportunity (MAR 2007) XX 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-36 Affirmative Action for Workers with Disabilities (JUN 998) XX 52.222-37 Employment Reports on Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) XX 52.222-54 Employment Eligibility Verification (JAN 2009) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products (MAY 2008) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products Alternate I (MAY 2008) XX 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products Alternate I (DEC 2007) XX 52.225-1 Buy American Act Supplies (FEB 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act (JUN 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate I (JAN 2004) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate II (JAN 2009) XX 52.225-5 Trade Agreements (JUN 2009) XX 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) N/A 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) N/A 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) N/A 52.232-29 Terms for Financing of Purchase of Commercial Items (FEB 2002) N/A 52.232-30 Installment Payments for Commercial Items (OCT 1995) XX 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) N/A 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) N/A 52.232-36 Payment by Third Party (MAY 1999) XX 52.239-1 Privacy or Security Safeguards (AUG 1996) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels Alternate I (APR 2003) (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: Applicable FAR Clause Number FAR Clause Title N/A 52.222-41 Service Contract Act of 1965 (NOV 2007) IAW FAR 22.1003-3(d). N/A 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) N/A 52.222-43 Fair Labor Standards Act and Service Contract Act____ Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) N/A 52.222-44 Fair Labor Standards Act and Service Contract Act_____ Price Adjustment (FEB 2002) N/A 52.22-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) N/A 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) N/A 52.226-6 Promoting Excess Food Donations to Non-profit Organizations (MAR 2009) N/A 52.237-11 Accepting and Dispensing of $1 Coin (SEP 2008) (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)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (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 (FEB 2009) (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 (Nov 2007) (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 (February 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. C.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far. FAR Clause Number FAR Clause Title Date 52.227-19 Commercial Computer Software License DEC 2007 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.204-4 Printed or Copied Double Sided on Recycle Paper AUG 2000 52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.237-3 Continuity of Services JAN 1991 52.245-1 Government Property JUN 2007 52.247-34 F.O.B Destination NOV 199 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I OCT 1995 52.204-7 Central Contractor Registration APR 2008 52.233-3 Protest After Award AUG 1996 C.4 52.216-18 Ordering (OCT 1995) a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years from the date of award (Dates will be established at the time of contract award) . b. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. c. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. C.5 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration of the contract. C.6 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 five years. C.7 Review of Deliverables Deliverables shall be specified in each Task Order. Each individual TO will state the deliverable review process and the time allotted for the review of the deliverable(s). If the Coast Guard does not respond within the time period specified, the Contractor shall notify the Contracting Officer, Contracting Officer Technical Representative, and the Task Order Contracting Officer Technical Representative in writing. C.8 Deliverables (If Specified In a Task Order) a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each task order issue under this contract, as applicable. b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus. c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Task Order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract. C.9 Accounting and Appropriation Data. Accounting and appropriation data for obligations under the contract will be set forth on individual TOs. C.10 DHS HSAR 3052.242-72 Contracting Officer's Representative (DEC 2003)(Tailored) a. The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract and task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or the issuance of a task order, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. b. The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. C.11 Unauthorized Work The Contractor is not authorized at any time to commence task order performance prior to issuance of a signed task order and/or other written approval provided by the Contracting Officer to begin work. C.12 Task Order Process This IDIQ contract is not a mandatory use contract for Coast Guard, it is anticipated that the Contractor's services shall be obtained on an as-needed basis, through the issuance of Task Orders. The Contractor shall perform the required effort for these services, within the United States, throughout the term of this contract. Issued task orders will identify the services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace. C.13 Task Order Request for Proposal (Task Order Request for Proposal) Process 1. A Statement of Work, Statement of Objectives or Performance Work Statement for a proposed task order will be furnished to the successful Contractor along with a request for a technical and price proposal. The request will state that the task order is to be fixed priced. The due date will be set forth in each proposal request. Technical and price negotiations will be held, if necessary. The hardware, materials, software, travel, and freight/shipping as listed in the Pricing Schedule shall be utilized by the Contractor when submitting proposals for task orders. The price for each task order shall be determined based on the estimated level of effort required to perform the work and either the prices or rates set forth in the Pricing Schedule or the estimated prices. 2. If requested, technical proposals stating compliance or exception to requirements, risks, assumptions and conflict of interest issues will be provided. Responses will be streamlined and succinct to the extent practical based on the estimated dollar value and complexity of the work. Proposals shall not merely restate SOO, SOW or PWS requirements. Technical proposals may address: 1. Technical/Management Approach including Program Management Plan, Past Performance, etc.; 2. Key Personnel Assigned; 3. Quantities/Hours of Personnel by Labor Categories; 4. Performance Metrics; 5. Period of Performance; 6. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI) and/or access to Government-Furnished software licenses; 7. Security (including clearance level); 8. Subcontractors and their roles (by Subcontractor); and 9. Other Pertinent Data 3. A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task (i.e. hardware, materials, software, travel, and freight/shipping). The level of detail required shall be primarily based on the task order planned for use, as further discussed below. Bases of Estimates (BOE) may be needed for proposals. 1. Hardware, Materials, and Software: In an MS Excel Workbook identify the hardware, materials, and software by unit of issue and quantity as required. In addition, a Summary Worksheet in the MS Excel Workbook that summarizes the size of the facility. 2. Staffing Plan: Names of personnel who will be working on the task order; their labor category appropriate to their qualifications and effort to be contributed to the task order effort, including those of any subcontractors; and identification of key personnel. Résumés will be submitted upon request or as stated in the TORFP. The estimated direct labor dollars (broken out by hours, categories, and rates for each month of effort) for each individual proposed for the task order. The hours and rates shall be appropriate for the labor category/position title of each individual proposed. 4. Travel: Proposed travel (if applicable) broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination. Cost detail shall be shown for all items, including commercial transportation, daily per diem rates, personal mileage, daily car rental, etc. 5. Other Direct Cost: An explanation and basis shall be provided for each item of "Other Direct Costs" proposed, such as materials, reproduction costs, and proposed travel, etc. 6. Evaluation criteria will be established at the time the requests for proposals are requested. 7. The Contractor shall assume all costs associated with the preparation of proposals for task order awards under the fair opportunity process as an indirect charge. C.14 Submission and Labeling of Deliverables Unless otherwise specified in the task order, all non-electronic deliverables shall be submitted to the COTR and/or TOCOTR on an ‘F.O.B. Destination' basis. Preservation, packing and packaging of ‘non-electronic' deliverables for shipment shall be in accordance with standard commercial practices. All electronic deliverables shall be submitted via email to the assigned COTR and TOCOTR. While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain vendor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer. C.15 Data to be Delivered a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Task Order(s). b. In addition, information and/or data held by the Contractor in relation to the operation of their business and/or institution and which are obtained without the use of Federal funds shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract. C.16 Travel a. Travel required in the execution of task orders under this IDIQ contract is authorized. All travel will be reimbursed in accordance with the Federal Travel Regulations (FTR). The total dollar amount for travel (including lodging, transportation, per diem, and miscellaneous expenses) shall not exceed the negotiated Not-To-Exceed (NTE) amount identified in any task order without the COTR or the TOCOTR and Contracting Officer's concurrence. Travel may include worldwide deployment aboard U.S. Coast Guard vessels and/or aircraft in addition to any other worldwide locations as directed. The contractor shall be responsible for obtaining authorization from the COTR/TOCOTR prior to any travel. b. If required, the contractor shall generate a Travel Clearance Request message and forward it to the COTR or the TOCOTR 45 days prior to for any travel tasked outside the continental United States. c. The contractor shall be responsible for ensuring that their personnel possess current passports and credit cards to facilitate short-notice travel arrangements. Specific places of performance and travel lead time will be specified in each task order. d. Local travel is not authorized. C.17 DHS HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003) a. The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. b. Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. C.18 DHS HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Afiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. C.19 CG-912 Clause - Organizational Conflict of Interest for Contracts Awarded by the U.S. Coast Guard C4IT Office of Contracts Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. C.20 Employee Identification a. Contractor employees visiting Coast Guard facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee's full name, and card expiration date and the other a standard government approved identification (i.e. Driver's License) in order to obtain a Coast Guard visitor's badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor's badge above the waist in plain view at all times. b. The contractor shall wear a Common Access Card (CAC) identification card furnished by the Government. Contractor identification shall be worn above the waist and remain in plain view at all times. C.21 Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the U.S. Coast Guard or the Department of Homeland Security. Contractor employees shall comply with all Government safety requirements (OSHA) when visiting or working on-site at Government facilities and aboard Coast Guard vessels or aircaft. The contractor employee shall not release any Coast Guard personnel contact information or information concerning official unit business or operations. C.22 Removing Employees for Misconduct or Security Reasons The Coast Guard may, at its sole discretion, direct the contractor to remove any contractor employee from Coast Guard or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any task orders issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee. C.23 Removal from Project Access Should Contractor resources be removed from any task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COTR and Task Order COTR, that - a. All access to Government facilities and systems is revoked. b. The involved Coast Guard security manager(s) are notified of this removal action. c. Any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) returned to the Government or transferred to other parties replacing the removed individuals. C.24 Government Furnished Data The Contractor shall be provided any Government- furnished data required to perform work described in task orders awarded under this contract. This data shall only be used to perform work required in task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer, who shall investigate this issue. The Government retains title to all Government-furnished data provided. Other rights and criteria shall be in accordance with other "Government Property" clauses incorporated into this contract. C.25 Restriction on Non-Privacy Act Data All data and information made accessible to the Contractor or its subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract. C.26 Billing Schedules The Contractor shall invoice in accordance with the billing schedule included in each task order awarded under this contract. SECTION D: CONTRACT, DOCUMENTS, EXHIBTS, AND ATTACHMENTS SECTION E: SOLICITATION PROVISIONS E.1 FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acqnet.gov/far/. FAR Clause Number FAR Clause Title Date 52.203-11 Certifications and Disclosures Regarding Payments to Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.212-1 Instructions to Offerors - Commercial Item JUN 2008 E.2 FAR 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008)(Tailored) (a) North American Industry Classification System (NAICS) code, and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1000 employees. (b) Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required rep¬resentations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror quali¬fies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil) (ii) Quick Search (http://assist.daps.dla.mil/quicksearch) (iii) ASSISTdocs.com (http://assistdocs.com) (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111 5094,Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

USCG TISCOM Small Cutter Connectivity (SCC) Ku Band System and Air Time Support Services

Department of Homeland Security, United States Coast Guard (USCG) | Published September 3, 2010  -  Deadline September 13, 2010
cpvs

FAR Clause Number FAR Clause Title 1 52.222-50 Combating Trafficking in Persons (FEB 2009) 2 52.233-3 Protest After Award (OCT 2004) 3 52.333-4 Applicable Law for Breach of Contract Claim (OCT 2004) (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 Applicable FAR Clause Number FAR Clause Title XX 52.203-6 Restriction on Subcontractor Sales to Government (SEP 2006) XX 52.203-6 Restriction on Subcontractor Sales to Government Alternate I (OCT 1995) XX 52.203-13 Contractor Code of Business Ethics and Conduct N/A 52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act (MAR 2009) XX 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) N/A 52.204-11 American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009) N/A 52.219-3 Notice of Total HUBZone Set-Aside (JAN 1999) N/A 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) N/A 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) N/A 52.219-6 Notice of Total Small Business Set-Aside Alternate I (OCT 1995) N/A 52.219-6 Notice of Total Small Business Set-Aside Alternate II (MAR 2004) N/A 52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate I (OCT 1995) N/A 52.219-7 Notice of Partial Small Business Set-Aside Alternate II (MAR 2004) XX 52.219-8 Utilization of Small Business Concerns (MAY 2004) XX 52.219-9 Small Business Subcontracting Plan (APR 2008) XX 52.219-9 Small Business Subcontracting Plan Alternate I (OCT 2001) XX 52.219-9 Small Business Subcontracting Plan Alternate II (OCT 2001) N/A 52.19-14 Limitation on Subcontracting (DEC 1996) N/A 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) N/A 52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Alternate I) (JUN 2003) N/A 52.219-25 Small Disadvantaged Business Participation Program__________ Disadvantaged Status and Reporting (APR 2008 N/A 52.219-26 Small Disadvantage Business Participation Program - Incentive Subcontracting (OCT 2000) N/A 52.219-27 Notice of Total Service-Disable Veteran-Owned Small Business Set-Aside (MAY 2004) N/A 52.219.28 Post Award Small Business Program Rerepresentative (APR 2009) XX 52.222-3 Convict Labor (JUN 2003) XX 52.222-19 Child Labor - Cooperation with Authorities and Remedies (FEB 2008) XX 52.222-21 Prohibition of Segregated Facilities XX 52.222-26 Equal Opportunity (MAR 2007) XX 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-36 Affirmative Action for Workers with Disabilities (JUN 998) XX 52.222-37 Employment Reports on Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) XX 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) XX 52.222-54 Employment Eligibility Verification (JAN 2009) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products (MAY 2008) N/A 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Products Alternate I (MAY 2008) XX 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products (DEC 2007) XX 52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products Alternate I (DEC 2007) XX 52.225-1 Buy American Act Supplies (FEB 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act (JUN 2009) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate I (JAN 2004) XX 52.225-3 Buy American Act - Free Trade Agreement - Israeli Trade Act Alternate II (JAN 2009) XX 52.225-5 Trade Agreements (JUN 2009) XX 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) N/A 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) N/A 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) N/A 52.232-29 Terms for Financing of Purchase of Commercial Items (FEB 2002) N/A 52.232-30 Installment Payments for Commercial Items (OCT 1995) XX 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) N/A 52.232-34 Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) N/A 52.232-36 Payment by Third Party (MAY 1999) XX 52.239-1 Privacy or Security Safeguards (AUG 1996) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006) N/A 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels Alternate I (APR 2003) (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: Applicable FAR Clause Number FAR Clause Title N/A 52.222-41 Service Contract Act of 1965 (NOV 2007) N/A 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) N/A 52.222-43 Fair Labor Standards Act and Service Contract Act____ Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) N/A 52.222-44 Fair Labor Standards Act and Service Contract Act_____ Price Adjustment (FEB 2002) N/A 52.22-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (NOV 2007) N/A 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements (FEB 2009) N/A 52.226-6 Promoting Excess Food Donations to Non-profit Organizations (MAR 2009) N/A 52.237-11 Accepting and Dispensing of $1 Coin (SEP 2008) (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)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (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 (FEB 2009) (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 (Nov 2007) (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 (February 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. C.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) In addition to other parts of Section C, this contract incorporates one or more clauses, shown in the table below, by reference, with the same force and effect as if they were given in full text. The full text of a clause can be accessed electronically at: http://www.acqnet.gov/far. FAR Clause Number FAR Clause Title Date 52.227-19 Commercial Computer Software License DEC 2007 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.204-4 Printed or Copied Double Sided on Recycle Paper AUG 2000 52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.237-3 Continuity of Services JAN 1991 52.245-1 Government Property JUN 2007 52.247-34 F.O.B Destination NOV 199 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I OCT 1995 52.204-7 Central Contractor Registration APR 2008 52.233-3 Protest After Award AUG 1996 C.4 52.216-18 Ordering (OCT 1995) a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 120 months from the date of award (Dates will be established at the time of contract award) . b. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. c. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. C.5 FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the date the contract expires. C.6 52.209-7 - Information Regarding Responsibility Matters. (Apr 2010) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). C.7 Updates of Information Regarding Responsibility Matters (Apr 2010) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (b) (1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the contractor revises them. (3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. C.8 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $50,000,000.00 [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of $50,000,000.00[insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ten (10) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. C.9 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 120 months or after the final task order deliveries has been accepted by the Government. C.10 Review of Deliverables Deliverables shall be specified in each DO/TO. Each individual DO/TO will state the deliverable review process and the time allotted for the review of the deliverable(s). If the Coast Guard does not respond within the time period specified, the Contractor shall notify the Contracting Officer, Contracting Officer Technical Representative, and the Task Order Contracting Officer Technical Representative in writing. C.11 Deliverables (If Specified in a Delivery order/Task order) a. All applicable deliverables, their required delivery dates, and destination of delivery will be specified in each delivery order/task order issued under this contract. The schedule for completion of work to be performed under this contract will be delineated in each delivery order/task order issue under this contract, as applicable. b. All deliverables submitted in electronic format shall be free of any known computer malware or defects. If a virus or defect is found, the deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus. c. In the event the Contractor anticipates difficulty in complying with any contract-level delivery schedule, the Contractor shall immediately provide written notice to the Contracting Officer, Contracting Officer Technical Representative, and Delivery order/task order Contracting Officer Technical Representative. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery, provided that this data shall be informational only in character and that receipt thereof shall not constitute a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract. C.12 Accounting and Appropriation Data. Accounting and appropriation data for obligations under the contract will be set forth on individual TOs. C.13DHS HSAR 3052.242-72 Contracting Officer's Representative (DEC 2003)(Tailored) a. The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract and delivery order/task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or the issuance of a delivery order/task order, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. b. The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. C.14 Unauthorized Work The Contractor is not authorized at any time to commence delivery order/task order performance prior to issuance of a signed delivery order/task order and/or other written approval provided by the Contracting Officer to begin work. C.15 Delivery order/Task order Process This IDIQ contract is not a mandatory use contract for Coast Guard, it is anticipated that the Contractor's services shall be obtained on an as-needed basis, through the issuance of Delivery order/task orders. The Contractor shall perform the required effort for these services, within the United States, throughout the term of this contract. Issued delivery order/task orders will identify the services required; provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace. C.16 Delivery order/Task order Request for Proposal (Process 1. A Statement of Work for a proposed delivery order/task order will be furnished to the successful Contractor along with a request for a price proposal. The request will state that the delivery order/task order is to be fixed priced. The due date will be set forth in each proposal request. Price negotiations will be held, if necessary. The supplies, services and travel as listed in the Pricing Schedule shall be utilized by the Contractor when submitting proposals for delivery order/task orders. The price for each delivery order/task order shall be determined based on the estimated level of effort required to perform the work and either the prices or rates set forth in the Pricing Schedule or the estimated prices. 2. If requested, technical proposals stating compliance or exception to requirements, risks, assumptions and conflict of interest issues will be provided. Responses will be streamlined and succinct to the extent practical based on the estimated dollar value and complexity of the work. Proposals shall not merely restate SOW requirements. 3. A written price proposal shall always be required. This part of the proposal shall include detailed price amounts of all resources required to accomplish the task (i.e. supplies, services and NTE Travel). 4. The Contractor shall assume all costs associated with the preparation of proposals for delivery order/task order awards under the fair opportunity process as an indirect charge. C.17 Submission and Labeling of Deliverables Unless otherwise specified in the delivery order/task order, all non-electronic deliverables shall be submitted to the COTR and/or TOCOTR on an ‘F.O.B. Destination' basis. Preservation, packing and packaging of ‘non-electronic' deliverables for shipment shall be in accordance with standard commercial practices. All electronic deliverables shall be submitted via email to the assigned COTR and TOCOTR. While performing work under this contract, the Contractor shall NOT label any information produced and submitted in a way that would restrict the Government's right to use or release the information. If applicable, the Contractor shall include a legend that identifies sensitive data that should not be released for security reasons. Under FAR Clause 52.227-14, this information may be used for any purpose the Government deems appropriate. Deliverables provided shall not contain contractor-specific logos or mottos. The Contractor shall not use U.S. Government logos without the written permission of the Contracting Officer. C.18 Data to be Delivered a. Any working papers, interim reports, data given by the government, first produced by the Contractor under the contract, collected or otherwise obtained by the Contractor under the contract, or results obtained or developed by the Contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer at any time during performance of the IDIQ contract or Delivery order/task order(s). b. In addition, information and/or data held by the Contractor in relation to the operation of their business and/or institution and which are obtained without the use of Federal funds shall be considered "PROPRIETARY DATA" and are not "subject data" to be delivered under this contract. C.19 Travel a. Travel required in the execution of this contract and delivery order/task orders under this IDIQ contract is authorized. All travel will be reimbursed in accordance with the Federal Travel Regulations (FTR). The total dollar amount for travel (including lodging, transportation, per diem, and miscellaneous expenses) shall not exceed the negotiated Not-To-Exceed (NTE) amount identified in the contract and any delivery order/task order without the COTR or the TOCOTR and Contracting Officer's concurrence. The contractor shall be responsible for obtaining authorization from the COTR/TOCOTR prior to any travel. b. The contractor shall be responsible for ensuring that their personnel possess current credit cards to facilitate short-notice travel arrangements. Specific places of performance and travel lead time will be specified in each delivery order/task order. c. Local travel is not authorized. C.20 DHS HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003) a. The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Project Manager: _____________________________ b. Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. C.21 DHS HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Afiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. C.22 CG-912 Clause - Organizational Conflict of Interest for Contracts Awarded by the U.S. Coast Guard C4IT Office of Contracts Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. C.23 Employee Identification a. Contractor employees visiting Coast Guard facilities shall provide two forms of photo identification. One shall be a contractor issued badge that includes contractor name, employee's full name, and card expiration date and the other a standard government approved identification (i.e. Driver's License) in order to obtain a Coast Guard visitor's badge prior to entry. Contractor employees shall comply with escort rules and requirements at all times, identify themselves as contractors when their status is not readily apparent, and display a visitor's badge above the waist in plain view at all times. b. The contractor shall wear a Common Access Card (CAC) identification card furnished by the Government. Contractor identification shall be worn above the waist and remain in plain view at all times. C.24 Employee Conduct Contractor employees shall present a professional appearance at all times and their conduct shall not bring discredit upon the U.S. Coast Guard or the Department of Homeland Security. Contractor employees shall comply with all Government safety requirements (OSHA) when visiting or working on-site at Government facilities and aboard Coast Guard vessels or aircaft. The contractor employee shall not release any Coast Guard personnel contact information or information concerning official unit business or operations. C.25 Removing Employees for Misconduct or Security Reasons The Coast Guard may, at its sole discretion, direct the contractor to remove any contractor employee from Coast Guard or Department of Homeland Security facilities for misconduct or security reasons. Such removal does not relieve the contractor of the responsibility to provide sufficient qualified personnel that is required to execute the contract or any delivery order/task orders issued under the contract. The Contracting Officer will provide the contractor with a written rationale for removal of the employee. C.26 Removal from Project Access Should Contractor resources be removed from any delivery order/task order awarded under this contract, the Contractor shall ensure, via coordination with the assigned COTR and Delivery order/task order COTR, that - a. All access to Government facilities and systems is revoked. b. The involved Coast Guard security manager(s) are notified of this removal action. c. Any and all Government property, such as identification badges, keys, information technology hardware and software, etc. in the possession of the individual(s) being removed or replaced is immediately (by close of business on the day of removal or replacement) returned to the Government or transferred to other parties replacing the removed individuals. C.27 Government Furnished Data The Contractor shall be provided any Government- furnished data required to perform work described in delivery order/task orders awarded under this contract. This data shall only be used to perform work required in delivery order/task orders awarded under this contract. If this data is not delivered on schedule, or is unsuitable for its intended use, the Contractor shall immediately notify the Contracting Officer, who shall investigate this issue. The Government retains title to all Government-furnished data provided. Other rights and criteria shall be in accordance with other "Government Property" clauses incorporated into this contract. C.28 Restriction on Non-Privacy Act Data All data and information made accessible to the Contractor or its subcontractors in performing work under this contract that is not otherwise protected by the Privacy Act or Non-Disclosure Agreement (NDA) shall NOT be used or DISCLOSED by the Contractor for any purpose other than performance of work under this contract. C.29 Billing Schedules The Contractor shall invoice in accordance with the billing schedule included in the contract and each delivery order/task order awarded under this contract. SECTION D: CONTRACT, DOCUMENTS, EXHIBTS, AND ATTACHMENTS SECTION E: SOLICITATION PROVISIONS E.1 FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acqnet.gov/far/. FAR Clause Number FAR Clause Title Date 52.203-11 Certifications and Disclosures Regarding Payments to Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation on Payments to Influence Certain Federal Transactions SEP 2007 52.212-1 Instructions to Offerors - Commercial Item JUN 2008 E.2 FAR 52.212-1 Instructions to Offerors - Commercial Items (JUN 2008)(Tailored) (a) North American Industry Classification System (NAICS) code, and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is $15M. (b) Submission of Offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b)for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required rep¬resentations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror quali¬fies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil) (ii) Quick Search (http://assist.daps.dla.mil/quicksearch) (iii) ASSISTdocs.com (http://assistdocs.com) (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111 5094,Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

End User Services Support - South Northern Region

Defense Logistics Agency, DLA Acquisition Locations | Published December 23, 2016  -  Deadline January 13, 2017
cpvs

It shall reflect each measureable function, metric name, objective, and actual result for the following areas:• Total Workloado Total Tickets: incidents opened, incidents closed, work orders opened, work orders closed, tasks opened, and tasks closed• End User Resolution: average time to resolve for each ticket category• CERTs/POAMs: Number of CERTs received quantity that were/were not applicable, number completed in the requested timeframe; quantity of POAMs generated, number completed in the reporting period, as well as the number outstanding. 1.8.3 Performance Metrics: Please see Attachment 3 for Performance Metric Information 1.9 Performance Review and Payment 1.9.1 Purpose of Measures Performance measures will be used to assess the Contractor's performance under this contract issued in order to determine whether the Contractor is performing at acceptable levels in order to apply disincentives to contract payments. Payments will be comprised of the base amount plus a disincentive/incentive component. The Government will make objective and subjective assessments of the Contractor's performance to determine whether contract performance is acceptable. The Contractor is expected to perform all functions in a professional manner and prepare accurate and timely documentation. Progress will be tracked based on the milestone event when the Contractor receives a specific tasking. Performance may vary with the complexity of the acquisition and/or technical document. The number of completed actions will be balanced against the quality of this output. It is expected that the documentation and procedures will comply with all major regulatory and process requirements and agency policies and procedures. 1.9.2 Performance Measurements The performance measurements under this contract shall be based on timeliness and quality of the work and deliverables provided by the Contractor under the contract. These measurements are defined as: • Timeliness - The completion of tasks and/or the submission of deliverables within the schedule set forth by the government during the performance of the contract. • Quality - The quality of work completed under the resulting tasks will be measured based on the Government's determination of the validity, accuracy, clarity and usefulness of a deliverable or if the work performance met the expected outcomes as was communicated to the Contractor by the government. Performance measurement metrics - The vendor's performance will be monitored by the DLA J6 COR/COTRs for each TO using one or more of the following methods of surveillance: random sampling, 100% inspection, and customer feedback. The vendor shall perform at full performance; a 100% expected quality- and timeliness- level applies (i.e. meets or exceeds the requirements, no customer complaints). The vendor is paid 100% of monthly invoice if they meet this requirement. These findings will be the basis for the amount paid for the task for that month. The tasks will be rated on the performance of the vendor on the timeliness and quality of the services provided using the adjectival ratings for each criterion as shown below. For any rating less than "Good," the KO will review the performance documentation and make the final determination for the rating. Below are the Performance Standards that will be used in evaluating performance in determining the amount of the payment owed to the vendor. Performance standards and ratings are designed to determine if performance exceeds, meets, or does not meet a given metric and acceptable quality level. The performance will be rated by the DLA J6 COR/COTR prior to payment. These findings will be the basis for the amount paid for that period. Note: The application of these performance ratings or failure of the government to apply these performance ratings does not waive any of the government's rights to damages under this contract. The following overall ratings shall be used: Good - Performance meets or exceeds contract requirements in terms of timeliness and quality. The DLA J6 COR recommends and the KO will make a determination to pay the contract 100% of the invoice amount.Fair - Performance meets contract requirements with either only minor performance issues or minor timeliness issues. The performance or timeliness issues do not adversely impact the mission of the Agency. The DLA J6 COR recommends and the KO will make a determination to pay the vendor 90% of the invoice amount.Poor - Performance narrowly meets contract requirements by at least one of the following: bordering on unacceptability in terms of or quality of performance, bordering on unacceptability in terms of timeliness, or potentially having an adverse impact on the mission of the Agency. DLA J6 COR recommends and the KO will make a determination to pay the vendor 80% of the invoice amount.Unacceptable - Performance has been at a less than acceptable level in terms of timeliness or quality. Possible issues include, but are not limited to: missed milestones, low quality documents requiring multiple reviews and rewrites, significant or serious complaints submitted by the customers, documents that do not comply with acquisition or policy regulations, or one or more cure notices have been issued. Payment will be withheld pending resolution of cure notice(s). Termination for default or cause may result. The ratings, as described in the table above, will be based on the performance of the vendor on the timeliness and quality of the services provided using the rating scale for each criterion as shown below. QualityGood Meets or exceeds contract requirements in terms of quality of work performed.Fair Performance meets contract requirements with only minor issues and the issues do not adversely impact the mission of the Agency.Poor Performance narrowly meets contract requirements and either borders on unacceptability in terms of quality, or adverse impact on the mission of the Agency is possible. Unacceptable Quality of performance has been at a less than acceptable level. Possible issues include, but are not limited to: low quality documents requiring multiple reviews and rewrites, significant or serious complaints submitted by the customers, documents that did not comply with acquisition or policy regulations or one or more cure notices have been issued by the KO. TimelinessGood Meets or exceeds contract requirements in terms of timeliness of delivery.Fair Minor timeliness issues that do not adversely impact the mission of the Agency.Poor Timeliness issues that are not minor or borders on unacceptability. Adverse impact on the mission of the Agency is possible.Unacceptable Vendor failed to meet the timeliness requirements. Possible issues include, but are not limited to; one or more deliverables not submitted on time or missed milestones. One or more cure notices may have been issued by the KO. Disincentives are applied for 90%, 80% or 0% performance as follows: 100% = 100% payment90% = -10% disincentive against monthly invoice80% = -20% disincentive against monthly invoice0% = No payment will be made until issues are satisfactorily resolved. Retroactive payments will not be made. 1.9.2.1 Requirements Summary Performance measures will be used to assess the vendor's performance under each task which is awarded against the resultant CLIN in the award in order to determine whether the vendor is performing at expected levels in order to allow for 100% payment. The government will make objective and subjective assessments of the vendor's performance to determine whether contract performance is acceptable. The vendor is expected to perform all functions in a professional manner and prepare accurate and timely documentation. Progress will be tracked based on the milestone event when the vendor receives a specific tasking. Performance may vary with the complexity of the acquisition or technical document. It is expected that the documentation and procedures will comply with all major regulatory and process requirements and agency policies and procedures. 1.9.2.2 Method of Surveillance The method of surveillance that the government will use to ensure quality assurance and timeliness of all tasks may include, but not be limited to any of the following: random sampling, 100% inspection, and customer feedback. The government will inspect and evaluate performance of each completed task or deliverable required in the PWS. 1.9.2.3 Surveillance Schedule/Staff The specified checks and measures will be completed on daily, weekly and monthly schedules depending on the tasks. Specific surveillance schedules for tasks will be designated in TOs. The surveillance staff has three components: • Contracting Officer (KO): The primary function of the KO, with regard to the surveillance activity, is to authorize changes to the PWS. The KO is responsible for ensuring the completion of all work in accordance with the PWS. The KO will rely on the DLA J6 COR to provide information and recommendations. • Contracting Officer's Representative (COR): The primary function of the COR is to review the COTR's performance ratings and provide feedback to the KO as necessary. If required, the DLA J6 COR will solicit feedback from the customer regarding the quality of the work performed. • DLA J6 Contracting Officer's Technical Representative (COTR): The DLA J6 COTR's responsibility is to monitor and inspect, report, and make recommendations to the COR regarding the quality of vendor work performed, or not performed. 1.9.3 Service Level Agreements (SLAs) The government reserves the right to use SLAs as a form of measurement in the QASP. SLAs will be identified with in the QASP. The following is an example of one SLA that may be used: High/ Critical priority Incidents will be resolved within 4 PPS business hours 98% of the time 1.10 Personnel The Offeror's Management Proposal shall include a personnel plan that includes a matrix listing of all personnel of both the Offeror and, where appropriate, the Offeror's subsidiaries and subcontractors; their government-related experience, and the commitment of these personnel to the contract.1.10.1 Personnel Qualifications Contractor personnel shall have technical skills, security clearance level and experiences applicable to this engagement. All contractor personnel shall be fluent in speaking, reading, and writing English.1.10.2 Personnel & Labor Categories The Contractor shall propose its number of personnel, appropriate labor categories and hours that correspond to the performance of all tasks. Specialized experience for the below key personnel is specified in the following paragraphs. The specialized experiences listed below are minimal requirements for this PWS.1.10.3 Key Personnel Minimum Requirements.Key Personnel - Fixed-Price Service Contracts. (a) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes (See Enclosure 2 "Resume Template") were submitted as part of the technical/business proposal for evaluation. The Contractor agrees to use said key personnel during the performance of this contract and that they shall not be removed from the contract work or replaced unless authorized in accordance with this clause.(b) The Contractor shall not substitute key personnel assigned to perform work under this contract without the prior approval of the Contracting Officer. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request shall contain a complete resume for the proposed substitute, and any other information requested or needed by the Contracting Officer to approve or disapprove the request. Proposed substitutes shall have qualifications that are equal to or higher than the key personnel being replaced. The Contracting Officer or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.(c) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may(1) Terminate the contract for default or for the convenience of the Government, as appropriate, or(2) If the Contracting Officer finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.(d) The provisions of this clause shall be fully applicable to any subcontract which may be entered into.1.10.4 Key Personnel Requirements If any of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for the work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his/her authorized representative, promptly replace such personnel with personnel of at least equal ability and qualifications. The Contractor agrees that during the first 120 days of the contract performance period, no key personnel substitutions or additions shall be performed unless such substitutions or additions are necessitated by an individual's sudden illness, death, termination of employment or other event beyond the control of the Contractor or the individual. If any of these events occur the Contractor shall promptly notify the Contracting Officer. After the initial 120 day period, proposed substitutions/additions of key personnel must be submitted in writing to the Contracting Officer (or via the Contracting Officer's authorized representative, if one has been appointed) at least 30 days in advance, in accordance with H.3.5 below, of the proposed substitution or addition. Any addition and/or substitution of key personnel assigned to this contract must be approved prior to being assigned to work under this contract. Any proposed key personnel assigned to a task prior to approval shall work at the sole risk of the Contractor and may not be reimbursed by the Government. Requests for approval of additions and/or substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed addition or substitution. The request must contain a complete resume for the proposed additions and/or substitution and any other information requested by the Contracting Officer or his/her authorized representative to evaluate and render a decision on the request. The personnel offered for substitution must have qualifications that are equal to or greater than the key personnel they are being substituted for. The Contractor shall be promptly notified, in writing, of the Contracting Officer's or his/her authorized representative decision whether the proposed substitution is acceptable. The Contractor shall, provide key personnel who meet the minimum requirements set forth in Attachment 5.1.11 Section 508 Accessibility Standards All electronic and information technology (EIT) procured through this contract shall meet the applicable accessibility standards at 365 CFR 1194. 365 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.section508.gov For all EIT products and/or services supported under this contract, the contractor shall analyze and present to the Government in a Product Accessibility Report the potential accessibility challenges presented by the product and recommendations for solving them. These recommendations shall incorporate market research into the availability of COTS products that could be used to make these items accessible to persons with disabilities. Further, the proposed solution shall indicate where full details of compliance demonstration can be found (e.g., vendor's web site or other exact location). Upon receipt of Government approval of a specific accessibility solution, the contractor shall incorporate this accessibility solution into any applicable documentation related to that system and implement the accessibility solution when the system is implemented. 1.12 Manpower Reporting Requirements 1.12.1 The contractor shall report ALL contractor labor hours (includingsubcontractor labor hours) required for performance of services provided under this contract for Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. 1.12.2 Reporting inputs will be the labor executed during the period of performance duringeach Government fiscal year (FY), which runs from October 1 through September 30. Whileinputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may directquestions to the help desk at help desk at http://www.ecmra.mil/. SECTION 2: SECURITY REQUIREMENTS 2.1 Security Requirements DLA requires that all Contractor personnel, assigned to this project shall have attained a favorable outcome to the designated IT investigative requirement assigned to each labor classification and be available to initiate work immediately upon delivery order award. DOD 5200.2-R, DOD Personnel Security Program, requires DOD, military, civilian personnel, as well as DOD consultants and Contractor personnel, who perform work on sensitive, IT to be assigned to positions which are designated at one of three sensitivity levels (IT-1, IT-2, IT-3) based on the actions or tasks to be performed. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-Sensitive for government employees. The Contractor shall assure that individuals assigned to the following positions, as determined by the Government, have completed the appropriate forms (i.e. Standard Form 86) and obtained the proper eligibility as required by DOD 5200.2. LAN, Telecommunications, Mid-Tier, SCCM, Configuration Management, ITOC IT-I Single Scope Background Investigation (SSBI) Wireless Devices Administration, End User Support, Program Management Office, AV/VTC/SV IT-II National Agency Check Investigation with Law and Credit Checks (NACLC) Asset Inventory, LAN and email access only IT-III National Agency Check with Written Inquiries (NACI) For IT-I, IT-II, and IT-III positions, the required investigation shall be completed or a waiver signed prior to the assignment of individuals to sensitive duties associated with DLA Intelligence at Battle Creek, 74 N. Washington, Battle Creek, MI 49036-3092. The provisions outlined above apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract. In lieu of the correct investigations being completed when contract employees start, a waiver may be submitted if no issues exist within the OPM SF86 e-QIP Questionnaire for Public Trust Positions. The Contractor shall have the OPM SF86 e-QIP forms filled out, with any other requirements (fingerprints taken and, if required, an OF306), and reviewed by DLA Intelligence before officially hiring any Contractor employee into IT positions. Foreign Nationals cannot be waivered and will require a full investigation and adjudication and will be restricted in duties to the limitations set forth in DODI 8500.2, Information Assurance, and Table E3.T1.DLA retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, while assigned to this contract, clearly conflict with the interest of the Government. The reason for removal shall be documented in writing by the Contracting Officer. When and if such removal occurs, the Contractor shall within a two to four week timeframe, assign qualified personnel to vacancy(s) thus created regardless of whether the individual was in a key- or non-key personnel position. Performance of this PWS may require the Contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that its dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others. The Contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorized government personnel or upon written approval of the Contracting Officer. The contract employee shall complete the following form (revised DLA Form 1728). The coordination through the company and DLA Intelligence shall be through a single point of contact (POC) which may by a federal employee in at least a Noncritical Sensitive position or a contractor eligible for IT-2 duties. The Contractor will not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS. The limitations above do not apply to data or information, which has been made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner, which provides for greater rights to the Contractor. Contractor personnel visiting any government facility in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges, etc. will be provided by the Government as required. The Contractor shall forward their employee clearance information to the DLA Intelligence at Battle Creek, 74 N. Washington, Battle Creek, MI 49036-3092 via JPAS (SMO: JH0005). The provisions outlined above apply to the prime Contractor and any subcontractors the prime Contractor may employ during the course of this contract. No Contractor personnel performing sensitive duties shall be allowed to commence work on this effort until his or her trustworthiness has been favorably adjudicated. The Contractor shall notify the CO, the COTR and the Program Management Office (PMO) in writing, within 24 hours, when for reasons of personnel resignations, reassignments, terminations or completion of portions of the contract, named Contractor personnel no longer require access to Government ITs. All products produced and associated work papers are to be considered the property of the Government. The PWS will be in accordance with the C2 Level of Trust as identified in DLAR 5200.17, Security Requirement for Automated Information and Telecommunications Systems along with DOD5200.28, DOD Trusted Computer System Evaluation Criteria. This information is from 252.239-7001 from the solicitation provisions and contract clause of the DFARS.   2.2 Clearance Requirements for Contractors Requiring Access to Classified Systems Secret clearances are required for this contract. Costs associated with obtaining and maintaining a security clearance will be incurred by the contractor. Contractors shall achieve and maintain an active Secret clearance through their Facility Security Officer (FSO) at their respective Contractor facility under the requirements of the DOD 5220.2-M, National Industrial Security Operating Manual (NISPOM) as specified below. The FSO will input the security clearance information into JPAS (Joint Personnel Adjudication System). Notification of this clearance must be validated by the government via JPAS. Any clearance activation or deactivation information will also be forwarded by the FSO to the COR and the DLA Intelligence, Fort Belvoir, VA office. All documentation required for security certification will be the responsibility of the Contractor and the client organization. At a minimum, all key personnel are required to have a Secret clearance at the start of the contract. 2.3 Common Access Card (CAC)The Homeland Security Presidential Directive 12 dated 27 August 2004 has established criteria for vendors who require a CAC for either physical access to a U.S. government controlled installation or access to government IT systems. The vendor shall provide the DLA J6 COR a roster of all personnel, to include those requiring access to restricted or controlled access areas no later than 15 calendar days prior to contract full performance start date or at contract award whichever is sooner. The roster shall include each employee's full legal name, Social Security Number (SSN) and Date of Birth (DOB) email address, security clearance level and date of last investigation, if applicable; identification card number, if assigned; branch or section, if applicable. The vendor shall provide updates to the roster at least five working days prior to the date of required access for new employees and within one day for employees whose employment has been terminated and for employees who no longer requires access to restricted or controlled access areas.Vendor personnel shall obtain and possess a DOD CAC, and an Access ID Badge or electronic key cards, if required for their position. The DLA J6 COR or designated POC will provide and maintain electronic key cards for the security access system. The electronic key card allows access to specific controlled areas of the facilities. The DLA J6 COR or designated POC will approve and provide the electronic key cards to the vendor for access to the facilities. 2.3.1 The vendor shall safeguard CAC, Access ID Badges, and electronic key cards furnished to them. Vendor personnel shall not share CAC, Access ID Badges, and electronic key cards. Each vendor employee shall wear the CAC and Access ID Badge conspicuously on his or her outer clothing above the waist at all times while working on the installation. Personnel may be challenged and removed from the work area or denied access to the host installation if the CAC and Access ID Badge are not worn. 2.3.2 In the event that a vendor employee damages or loses his or her CAC, Access ID Badges, or electronic key cards, the vendor shall report the lost or damaged CAC, Access ID Badges, or electronic key cards within two working hours of damage or loss to the DLA J6 COR who will arrange for a replacement CAC, Access ID Badges, or electronic key cards. The government will issue the vendor employee a temporary Access ID Badge to be used for an eight to ten working day waiting period until a new permanent Access ID Badge is issued. 2.3.3 The vendor shall return all government-furnished CAC, Access ID Badges, electronic key cards, and any other government issued passes, e.g., vehicle pass, to the KO or DLA J6 COR within 24 hours of the completion of the contract or upon termination of an individual's employment, whichever comes first. Vendor personnel failing to return their CAC, Access ID Badges, and electronic key cards are subject to criminal charges under United States Code (USC) Title 18, Chapter 1, Section 499 and 701 Deliverables: Restricted or controlled access roster 2.4 FAR 52.224-2 Privacy Act (Apr 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 2.5 FAR 52.224-2 Privacy Act (Apr 1984) (a) The Contractor agrees to --(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --(i) The systems of records; and(ii) The design, development, or operation work that the contractor is to perform;(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract, which requires the design, development, or operation of such a system of records.(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.(c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 2.6 Data Use, Disclosure of Information and Handling of Sensitive Information The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, Contractors and subcontractors having a need to know such information in the performance of their duties for this PWS. Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without written agreement of the Contracting Officer. Contractor personnel will be required to sign a non-disclosure statement. If proprietary information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the Contracting Officer may not use such information for any other purpose. If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor shall consult with the COR regarding use of that information for other purposes.2.7 Proprietary Data Performance of this PWS may require the contractor (or subcontractor) to access data and information proprietary to the Government Agency or of such a nature that is dissemination or use, other than in the performance of this PWS, would be adverse to the interest of the Government or others. The contractor shall not divulge or release data or information developed or obtained in the performance of this PWS except to authorize government personnel or upon written approval of the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS. The limitations above do not apply to data or information, which has been made public by the Government. Further, this provision does preclude the use of data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner, which provides for greater rights to the contractor. Contractor personnel visiting government facilities in conjunction with this contract shall be subject to the Standards of Conduct applicable to Government employees while at the Government sites. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges shall be provided. Personnel and subcontractors assigned to this project may require access to classified information or proprietary data on DOD or DLA computer applications. Ownership of Intellectual Property: All products, source code, technical data, collected and/or created by the contractor at the direction of the Government throughout the life of this contract shall remain the sole property of the Government. Any unauthorized use of this Government Property may result in punitive actions. The PWS shall be in accordance with the C2 Level of Trust as identified in DLAR 5200.17 Security Requirement Automated information and Telecommunications System along with DOD 52000.18 Department of Defense Trusted Computer Evaluation Criteria. 2.8 DFARS 252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN 2008) (a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements, including- (1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01-M; and (2) Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01-M. (b) Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnel performing information assurance functions. (c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions. Refer to Attachment 4, 8570.01-M Certification Matrix. 2.9 FAR 52.204-9 -- PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government; (1) When no longer needed for contract performance.(2) Upon completion of the Contractor employee's employment.(3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.2.10 DLAD 52.204-9000 Contractor Personnel Security Requirements (JUL 2015)(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally-controlled facilities. Prior to beginning work on a contract, DLA requires all Contractor personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check. (b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD Contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows: (1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent; (2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and (3) IT-III for an IT position requiring a NACI or equivalent.Note: IT levels will be designated according to the criteria in DoD 5200.2-R.(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, the Contractor must provide the following information to the respective DLA Intelligence Personnel Security Office immediately upon receipt of the contract. This information must be provided for each Contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems: (1) Full name, with middle name, as applicable, with social security number; (2) Citizenship status with date and place of birth; (3) Proof of the individual's favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation;(4) Company name, address, phone and fax numbers with email address; (5) Location of on-site workstation or phone number if off-site (if known by the time of award); and(6) Delivery order or contract number and expiration date; and name of the Contracting Officer. (d) The Contracting Officer will ensure that the Contractor is notified as soon as a determination is made by the assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation and clearance level. (1) If a new investigation is deemed necessary, the Contractor and Contracting Officer will be notified by the respective DLA Personnel Security Office after appropriate checks in DoD databases have been made. (2) If the Contractor employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this information to the Contractor and Contracting Officer for further action. Investigations for Contractor employees requiring access to classified information must be initiated by the Contractor Facility Security Officer (FSO).(3) The Contracting Officer will ensure that the respective DLA Intelligence Personnel Security Office initiates investigations for Contractor employees not requiring access to classified information (i.e., IT or unescorted entry). (4) It is the Contractor's responsibility to ensure that adequate information is provided and that each Contractor employee completes the appropriate paperwork, as required either by the Contracting Officer or the DLA Intelligence Personnel Security Office, in order to begin the investigation process for the required clearance level. (e) The Contractor is responsible for ensuring that each Contractor employee assigned to the position has the appropriate security clearance level. (f) The Contractor shall submit each request for IT access and investigation through the Contracting Officer to the assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information and/or documentation: (1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below);(2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and (3) Form FD-258, Fingerprint Card (however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office).(Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Management's (OPM) system called Electronic -Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPM's web-site, www.opm.gov, but hard copies of the forms are not accepted.)(g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by the Contractor as directed by the Contracting Officer to the cognizant DLA Intelligence Personnel Security Office at the time of fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM. (h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the DLA Intelligence Personnel Security Office for review and determination regarding the applicant's suitability to occupy an unescorted entry position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the investigation has been favorably adjudicated or the Contractor employee has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by OPM t to the Department of Defense, Consolidated Adjudications Facility (DoD CAF) or DLA Intelligence Personnel Security Office.(i) A waiver for IT level positions to allow assignment of an individual Contractor employee to commence work prior to completion of the investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual Contractor employee's completed forms, the background investigation has been initiated and favorable FBI fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing. The individual Contractor employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been approved.(j) The requirements of this clause apply to the prime Contractor and any subcontractors the prime Contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the Contractor. The Government retains the right to request removal of Contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, who are determined by the Contracting Officer to conflict with the interests of the Government. If such removal occurs, the Contractor shall assign qualified personnel, with the required investigation, to any vacancy.(k) All Contractor personnel who are granted access to Government and/or Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the Contractor employee from Government property and referral to the Contractor for appropriate disciplinary action. Actions taken by the Contractor in response to a violation will be evaluated and will be reflected in the Contractor's performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination. (l) The Contractor may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each Contractor employee in accordance with procedures established by DLA. When a CAC is required, the Contracting Officer will ensure that the Contractor follows the requirements of Homeland Security Presidential Directive 12 and any other CAC-related requirements in the contract. The Contractor shall provide, on a monthly basis, a listing of all personnel working under the contract that have CACs.(m) Contractor personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office.(n) When a Contractor employee who has been granted a clearance is removed from the contract, the Contractor shall provide an appropriately trained substitute who has met or will meet the investigative requirements of this clause. The substitute may not begin work on the contract without written documentation, signed by the Contracting Officer, stating that the new Contractor employee has met one of the criteria set forth in paragraphs (c), (d), or (i) of this clause, (i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation). Contractor individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract. (o) The following shall be completed for every employee of the Government Contractor working on this contract upon contract expiration. Additionally, the Contractor shall notify the contracting officer immediately in writing whenever a Contractor employee working on this contract resigns, is reassigned, is terminated or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems. When the Contractor employee departs, the Contractor will relay departure information to the cognizant DLA Intelligence Personnel Security Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), so appropriate databases can be updated. The Contractor will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The Contractor will be responsible for any costs involved for failure to complete the out-processing, including recovery of Government property and investigation involved.(p) These Contractor security requirements do not excuse the Contractor from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. The Contractor shall meet the required delivery schedule/performance requirements unless the contracting officer grants a waiver or extension. (q) The Contractor shall not bill for personnel, who are not working on the contract while that Contractor employee's clearance investigation is pending. SECTION 3: CLAUSES CLAUSE NUMBER TITLE/DATE CONTRACT CLAUSES INCORPORATED BY REFERENCE: THE CLAUSES LISTED BELOW ARE INCORPORATED BY REFERENCE WITH THE SAME FORCE AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT.

Online Legislative Database, Tracking Tool

Office of Personnel Management, Facilities, Security and Contracting | Published May 17, 2013  -  Deadline May 24, 2013
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COMBINED SYNOPSIS/SOLICITATION Contracting Office Address: The U.S. Office of Personnel Management 1900 E Street, NW Rm. 1342 Washington, D.C. 20415 This is a combined synopsis/solicitation for a commercial service prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotations are being requested and a written solicitation will not be issued. The Solicitation number is: OPM1313Q0001 and is issued as a Request for Quotation (RFQ). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-66 dated April 1, 2013. The North American Industrial Classification System (NAICS) code is 511120, and the small business size standard is 500 employees. This procurement is approved as an unrestricted procurement action. The period of performance consists of one (1) base year and two (2) option years beginning June 1, 2013. This service will support the United States Office of Personnel Management (OPM), Congressional and Legislative Affairs (CLA). This requirement will allow web access to the online subscription for up 20 licensed users. Offerors are invited to submit their quotations to OPM Contracting in response to this notice by 12:00 PM Eastern Standard Time (EST), May 24, 2013. Only e-mailed requests for additional information will only be accepted at Carrie.Lopez@opm.gov through 3:00 PM EST, May 20, 2013. Quotations submitted in response to this notice shall include the solicitation number in the subject line and be signed, dated and submitted via email to Carrie.Lopez@opm.gov. Vendors not registered in the System for Award Management (SAM) database on May 24, 2013 will not be considered. Vendors may register with SAM by accessing www.sam.gov. If an offeror does not meet the requirements of filing a VETS100/100A report, the offeror must provide a screenshot from the USDOL website that VETS100/100A reporting is not required with the offeror's proposal. The Office of Personnel Management intends to award one (1) Firm Fixed Price Purchase Order for an online legislative subscription services to the offeror that represents the Best Value to the Government. All communications shall be directed within the stated deadlines to the attention of: Name: Carrie M. Lopez Title: Contract Specialist Carrie.Lopez@opm.gov U.S. Office of Personnel Management 1900 E Street NW Washington, DC 20415 NOTE: COMMUNICATIONS WITH OFFICIALS OTHER THAN THE OPM CONTRACTING OFFICER INDICATED ABOVE, MAY COMPROMISE THE COMPETITIVENESS OF THIS ACQUISITION AND RESULT IN THE CANCELLATION OF THE SOLICITATION AND/OR EXCLUSION OF YOUR QUOTATION FROM CONSIDERATION. (1) Statement of Objectives - Online Legislative database, tracking and analysis tool subscription service. 1. BACKGROUND The U. S. Office of Personnel Management (OPM), Congressional and Legislative Affairs (CLA) is responsible for identifying, developing, enhancing, and delivering quality HR management solutions specifically related to the "acquiring and sustaining" portion of the HR Lifecycle to include the tools and technologies associated with delivering these solutions. The service offerings included in this solution are: Recruitment and Branding, Staffing/Examining, Testing, and On-boarding among others. HRM has four subordinate organizations: Staff Acquisition, Nationwide Testing (NWT), Automated Systems Management, and HR Tools and Technology. 2. SCOPE In support of its mission, CLA needs to acquire a contractor to provide an annual online subscription service for legislative database, tracking and analysis services for a period of three (3) years (base year and 2 one-year option periods). 3. SUMMARY OF REQUIREMENTS The Contractor shall be required to provide an annual online subscription services for legislative tracking, database and analysis tool through the web that offers the following content, tools, and features. The online subscription shall, but is not limited to, the following: • Provides full text of Congressional Committee and floor amendments. • Summarizes background information on bills, provides detailed synopsis of every bill in front of Congress, provides chamber floor debate information, and prospects for the passage of bills. • Finds differences in language between any two bill text documents; view results in a side-by-side report showing portions that changed. • Allows full access to searchable text of all bill versions and the links to a PDF from the Government Printing Office website. • Tracks the status of bills as they move through the legislative process. • Provides updates on the status of the Federal budget, continuing resolutions and the dates of budgets passed by Congress. • Provides comprehensive coverage of every open Congressional committee and subcommittee markup. • Provides daily updates regarding proceedings and debates of the House and Senate. • Provides full text of every committee report searchable by keyword and bill number. • Provides detailed synopsis of all legislation; links to all related news, analysis, and source material prepared by the Congressional Research Service (CRS). • Provides CRS reports given to Members of Congress and their staff; provide expert analysis of each stage of the legislative process. • Tracks and provides advance notice to hearings and meetings that they can/should attend. • Providesdaily and weekly updates on congressional activity. • Provides up-to-date information on Healthcare reform. • Provides current member profiles; to include detailed information about every Member of Congress' state, district, voting and electoral history, committee assignment, legislative priorities, and news. • Maintains a current directory of members and their staff with the option to create mailings from the directory. • Tracks legislation in all 50 States and the District of Columbia, including text of legislation as well as alerts and reports that can be customized by issue area. • Tracks regulations in all 50 States and the District of Columbia, including text of regulations as well as alerts and reports on State regulations that can be customized by issue area. • Provides State news reports on State legislation and regulations. • Provides up to the minute information on healthcare reform, including information status of Healthcare Exchange implementation actions for each of the 50 States and the District of Columbia. • Provides the ability to send email updates of new developments in selected issue areas. 4. DELIVERABLES The Contractor shall provide an annual online subscription services for legislative tracking, database and analysis tool through the web that offers the following content, tools, and features for a period of three (3) years (base year and 2 one-year option periods) beginning June 1, 2013. 5. PERIOD OF PERFOMANCE The period of performance for this purchase order shall be for a period of three (3) years (base year and 2 one-year option periods) beginning June 1, 2013 BASE YEAR: June 1, 2013 TO May 31, 2014 OPTION YEAR 1: June 1, 2014 TO May 31, 2015 OPTION YEAR 2: June 1, 2015 TO May 31, 2016. 6. PLACE OF PERFORMANCE All work shall be conducted at Contractor's facility. This requirement only requires online access to specific databases and online tools. 7. AWARD TYPE The Government will award a firm-fixed price purchase order resulting from this solicitation. 8. QUALITY ASSURANCE SURVEILLANCE PLAN The resultant contract will be for supplies to be delivered electronically; therefore this section is not applicable. (2) OPM-Specific Clauses 1752.205-70 Announcement of Contract Award (July 2006) OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded. 1752.209-74 Organizational Conflicts of Interest (July 2005) (a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must: (1) Notify the Contracting Officer of a potential conflict, and; (2) Recommend to the Government an alternate approach which would avoid the potential conflict, or (3) Present for approval a conflict of interest mitigation plan that will: (i) Describe in detail the changed requirement that creates the potential conflict of interest; and (ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means. (4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed. (5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503. 1752.209-75 Reducing Text Messaging While Driving (Oct 2009) (a) In accordance with Section 4 of the Executive Order, "Federal Leadership on Reducing Text Messaging While Driving," dated October 1, 2009, you are hereby encouraged to: (1) Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or -rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and (2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company's text messaging policy while off duty. (b) For purposes of complying with the Executive Order: (1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. 1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005) (a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system. (b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans' Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the "Federal Contractor Veterans' Employment Report" or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu. 1752.223-71 Environmentally Preferable Products and Services (Feb 2013) (a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content. (b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13514. 1752.224-71 Freedom of Information Act Requests (Sep 2009) (a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore: (1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (2) No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation. (b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. 1752.232-70 Invoice Requirements Large Business (Oct 2012) (a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.) (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (9) Electronic funds transfer (EFT) banking information. (i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (ii) The last four digits of the contractor's bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) The vendor's certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice. (11) Any other information or documentation required by the contract (e.g., evidence of shipment). (b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box. (c) ALL large business invoices-without exception-must have unique identifying numbers, and be submitted via e-mail to OPM's Prompt Pay e-mail box at: PromptPay@opm.gov Please note that OPM cannot guarantee payment of invoices sent by any other means, such as regular mail or e-mail to other addresses. (d) Please attach only one invoice to each e-mail, and use the following format for the subject line of the e-mail: &&&/ Example: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000 (e) Payment due dates will only be calculated from the date that invoices are received in the Prompt Pay e-mail box. (f) Inquiries regarding payment of invoices should be e-mailed to InvoiceInquiries@opm.gov. The relevant invoice must be attached to the inquiry e-mail, and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (d) above. Example: INQUIRY: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000 Do NOT use the Prompt Pay e-mail box for inquiries. (g) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. 1752.232-71 Method of Payment (July 2005) (a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government. (b) The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award: (1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s): (i) to whom check payments are to be sent, and (ii) who may be contacted concerning the bank account information requested below. (2) The following bank account information required to accomplish wire transfers: (i) Name, address, and telegraphic abbreviation of the receiving financial institution. (ii) Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide: (A) Address and telegraphic abbreviation of the correspondent financial institution. (B) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds. (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. 1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (Oct 2012) (a) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (Note: OMB Policy Memorandum M-12-16 is accessible on line at: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-16.pdf.) (b) Upon receipt of accelerated payments from the Government, the contractor is required to pay all small business subcontractors on an accelerated timetable to the maximum extent practicable after receipt of invoice and all proper documents. (c) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business. 1752.233-70 OPM Protest Procedures (Dec 2010) (a) An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed. (b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is: William N. Patterson, Director Contracting Group, FSC U.S. Office of Personnel 1900 E Street N.W., Room 1342 Washington, DC 20415 (c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO. 1752.237-70 Non-Personal Services (July 2005) (a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b) The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier. 1752.239-70 Internet Protocol Version 6 (IPV6) (Nov 2012) In accordance with OPM CIO Directives, this acquisition requires all functionality, capabilities and features to be supported and operational in both a dual-stack IPv4/IPv6 environment and an IPv6 only environment. Furthermore, all management, user interfaces, configuration options, reports and other administrative capabilities that support IPv4 functionality will support comparable IPv6 functionality. Respondents are required to include in their response a letter of self-certification that their product has been tested in both a dual-stack IPv4/IPv6 and IPv6 only environment and meets this requirement. OPM reserves the right to require the respondent's products to be tested within an OPM or 3rd party test facility to show compliance with this requirement. In accordance with FAR 11.002(g) and OPM CIO Directives, this acquisition must comply with the NIST USGv6 Profile and IPv6 Test Program. 1752.239-71 Information Technology Systems Security (Nov 2012) The activities required shall necessitate the Offeror's access to a Federal Automated Information System (AIS) or systems. The Offeror's proposal must include a detailed outline of its present and proposed Information Technology systems security program and demonstrate that it is commensurate with OPM security requirements for the information and information system they will have access to based on the Federal Information Processing Standard (FIPS) 199 categorization. At a minimum, the offeror must meet the security requirements for a Moderate-impact system as defined by FIPS 199. Similar information must be detailed for any subcontract proposed. 1752.239-72 Contractor Access to OPM IT Systems (Nov 2012) OPM's Center for Information Services has implemented policies to ensure the security and safety of OPM's information systems. One policy is the ability to audit who has access to OPM IT systems. For that reason the contractor must: (a) Immediately following contract award, the contractor must provide to the distribution list "System Access Control" (systemaccesscontrol@opm.gov) an initial and complete list of employee's names that require access to OPM information systems. (b) The contractor must send a staffing change report (Attachment 1) by the fifth day of each month after contract award to the Contracting Officer's Representative, contract administrator and systemaccesscontrol@opm.gov on a monthly basis. A template for the submission is attached. The report must contain the listing of all staff members who left or were hired under this contract in the past 60 days. This form must be submitted even if no separation has occurred during this period. Failure to submit a ‘Contractor Staffing Change Report' each month will result in the suspensions of all user ids associated with this contract. The Contractor Staffing Change Report is supplied in Attachment 2 of this document. (c) Each contractor employee is required to utilize individual identification and authorization to access OPM IT systems. Using shared accounts to access OPM IT systems is strictly prohibited. OPM will disable accounts and access to OPM IT systems will be revoked and denied if carriers share accounts. Users of the systems will be subject to periodic auditing to ensure compliance to OPM Security and Privacy Policies. (d) The Government, at its discretion, may suspend or terminate the access and/or use of any or all Government access and systems for conducting business with any/or all Contractors when a security or other electronic access, use or misuse issue gives cause for such action. The suspension or termination may last until such time as the Government determines that the situation has been corrected or no longer exists. (e) The contractor Contracting Officer's Technical Representative (COTR) and the OPM Helpdesk must be notified at least 5 days prior to a contractor being removed from a contract. For unplanned terminations or removals of contractor employees from the contractor organization that occur with less than five days notice, the COTR and OPM Helpdesk must be notified immediately. OPM Personal Identification Verification (PIV) cards issued to contractors must be returned to the COTR prior to departure. (f) The contractor must allow OPM access to OPM information including data schemas, meta data, and other associated data artifacts that are required to ensure OPM can fully and appropriately retrieve OPM information that can be stored, read, and processed. 1752.239-73 Section 508 Standards (Feb 2013) (a) All electronic and information technology (EIT) procured through this RFQ must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/sec508/508standards.htm. (b) The following standards have been determined to be applicable to this RFQ: (1) 1194.21. Software applications and operating systems. (2) 1194.22. Web-based intranet and Internet information and applications. (3) 1194.23 Telecommunications products. (4) 1194.24 Video and multimedia products. (5) 1194.25 Self Contained, closed products (6) 1194.26 Desktop and portable computers. (7) 1194.31 Functional performance criteria. (8) 1194.41 Information, documentation, and support (c) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future (d) OPM is required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), to offer access to electronic and information technology for disabled individuals within its employ, and for disabled members of the public seeking information and services. This access must be comparable to that which is offered to similar individuals who do not have disabilities. Standards for complying with this law are prescribed by the Architectural and Transportation Barriers Compliance Board ("The Access Board"). (e) The current deliverable(s) must incorporate these standards as well as any agency specific standards developed by OPM. The attached technical description contains further information on how this is to be done. Your response to the solicitation should contain documentation of your compliance with these standards. However, the Contracting Officer may request additional technical documentation, if necessary to make this determination. (f) The final work product must include documentation that the deliverable conforms with the Section 508 Standards promulgated by the US Access Board. (g) In the event of a dispute between you and OPM, then OPM's assessment of the Section 508 compliance will control and you will need to make any additional changes needed to conform with OPM's assessment, at no additional charge to OPM. 1752.239-74 OPM and Federal Security Policies (Nov 2012) Information systems and system services provided to OPM by any contractor or other government organization (hereafter referred to as ‘contractor') must comply with current OPM security policies and guidance. The contractor shall meet and comply with all OPM IT Security Policies described in the OPM Security and Privacy Policy Handbook and all other current OPM security polices and security guidance approved for use at the time of contract approval. Contractors are also required to comply with current Federal regulations and guidance found in; the Federal Information Security Management Act (FISMA), the Privacy Act of 1974, the E-Government Act of 2002, Section 208, National Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS) and the 800-Series Special Publications (SP), Office of Management and Budget (OMB) memorandum, and other relevant Federal laws and regulations that OPM must comply with 1752.239-75 Minimum Information System Security Requirements (Nov 2012) (a) Contractor and federal systems must adhere to minimum security requirements following the guidance provided in NIST's FIPS publication 200, Minimum Security Requirements for Federal Information and Information Systems and the corresponding security controls described in the current version of NIST Special Publication 800-53, Recommended Security Controls for Federal Information Systems and Organizations. (b) Federal Information Processing Standard (FIPS) publication 199 must be utilized to determine the security categorization (High, Moderate, or Low) for OPM and contractor systems. OPM must determine the categorization for contractor systems. The security categorization, as determined by OPM, must be utilized to identify the security control baseline requirements. The security requirements are the controls baseline, as defined in NIST SP 800-53. 1752.239-76 Security Assessment and Authorization (Nov2012) (a) All information systems that input, store, process, and/or output OPM information must be authorized to operate by an Authorizing Official (AO) prior to operation either as a stand-alone system or included as a sub-system or component of another system for authorization. Only an Authorizing Official (AO) may authorize an information system to operate. AOs must be government employees. Contractors must adhere to current OPM security Assessment and Authorization (A&A) policies, procedures, and guidance for security A&A activities. (b) Security authorization documentation must be developed with the use of OPM security documentation templates. Templates are available for all security documentation including; System Security Plan, FIPS 199 Security Categorization, Security Assessment Report, and Contingency Plan. The OPM authorization checklist must be followed throughout the security authorization process to ensure proper oversight from OPM Information Technology Security and Privacy (ITSP) program. (c) Prior to Security Assessment and Authorization, a Privacy Threshold Analysis (PTA) for all systems must be completed and provided to the OPM Privacy Officer for a determination. If determination is made that a Privacy Impact Assessment (PIA) is required, it must be completed in accordance with the OPM Privacy Impact Assessment Guide. 1752.239-77 Privacy Act Compliance (Nov 2012) (a) Contractors must comply with the Privacy Act of 1974 rules and regulations in the design, development, or operation of any system of records on individuals to accomplish an OPM function for a System of Records (SOR) . (b)In the event of violations of the Act, a civil action may be brought against OPM involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an OPM function, and criminal penalties may be imposed upon the officers or employees of OPM when the violation concerns the operation of a SOR on individuals to accomplish an OPM function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an OPM function, the contractor/subcontractor is considered to be an employee of the agency. 1752.239-78 Federal Reporting Requirements (Nov2012) Contractors operating information systems on behalf of OPM must comply with Federal Information Security Management Act (FISMA) reporting requirements. Annual and Quarterly data collection will be coordinated by OPM. Contractors must provide OPM with the requested information based on the timeframes provided with each request. Contractor systems must comply with monthly data feed requirements as coordinated by OPM. Reporting requirements are determined by the Office of Management and Budget (OMB), and may change each reporting period. It is expected that all OPM contractor systems will provide OPM with all information in order for OPM to fully satisfy FISMA reporting requirements for contractor systems. 1752.239-79 Cloud Computing (Nov2012) (a) Contractors handling OPM information or operating information systems on behalf of OPM must protect OPM information and information systems against unauthorized access, use, disclosure, disruption, modification, or destruction per the Federal Information Security Management Act (FISMA) and OPM Security and Privacy policy. (b) OPM information stored in a cloud environment remains the property of OPM, not the contractor or cloud service provider. OPM retains ownership of the information. The cloud provider does not have rights to the OPM information for any purposes other than those explicitly stated in the contract. (c) The cloud provider must protect OPM information from unauthorized access by cloud provider personnel, contractors, or other cloud service subscribers. (d) The cloud provider must allow OPM access to OPM information including data schemas, meta data, and other associated data artifacts that are required to ensure OPM can fully and appropriately retrieve OPM information from the cloud environment that can be stored, read, and processed. 1752.239-80 IT Security and Privacy Awareness Training (Nov 2012) All contractor personnel must complete mandatory security and privacy training prior to gaining access to OPM information systems and provide their completion certificate number to their COTR or supervisor. The following training requirements are mandatory, non-compliance may result in revocation of system access. • Security and privacy awareness training must be completed prior to gaining access to OPM systems. The certificate number provided when the training is completed must be provided to the COTR of supervisor. Training instructions will be provided by OPM. • Annual security and privacy refresher training must be completed on an annual basis. OPM will provide notification and instructions on completing this training. • The OPM Rules of Behavior must be acknowledged prior to gaining access, and reviewed at least annually. OPM will provide access to the rules of behavior and provide notification when a review is required. 1752.239-81 Specialized IT Security Awareness Training for Security Staff (Federal/Contractor) (Nov 2012) IT security contractor personnel are required to complete specialized IT security training based on the role-based requirements below. Contractors are required to report training completed to ensure competencies that address this training. Reporting instructions are sent by OPM to all OPM employees and contractors. Contractors must ensure their training hours satisfying the below training requirements are submitted to OPM Information Technology Security and Privacy (ITSP) upon completion of training. IT Security Roles/Functions Recommended Hours for Specialized Training Contractor System Manager\Owner 1-2 Information Security Specialist Information System Security Officer (ISSO) 20-40 Privacy Officer 5-10 System Administrator Network Administrator Database Administrator Service Desk Personnel/HelpDesk Programmer/Developer 10-20 1752.239-82 HSPD-12 Compliance (Nov 2012) (a) The Contactor shall be subject to screening prior to authorizing access to information systems; and rescreening according to change in position risk designation, new position with higher risk designation, or other according to HSPD-12 requirements. (b) Contracting Officer's Technical Representative (COTR) approval is required for contractors. Contractors shall sign access agreements before access is granted to OPM information and information systems. (c) Procurements for services and products involving facility or system access control shall be in accordance with HSPD-12 policy and the Federal Acquisition Regulation. (d) All new system development for OPM systems must include requirements to enable the use PIV credentials, in accordance with NIST FIPS 201, Personal Identity Verification (PIV) of Federal Employees and Contractors, prior to being operational. 1752.239-83 Federal Desktop Core Configuration / United States Government Configuration Baseline Compliance (Nov 2012) (a) The contractor shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC)\United States Government Configuration Baseline (USGCB). This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista.) For the Windows XP settings, see http://csrc.nist.gov/itsec/guidance_WinXP and for the Windows Vista settings, see http://csrc.nist.gov/itsec/guidance_vista.html. (b) The standard installation, operation, maintenance, updates, and/or patching of software shall not alter the configuration settings from the approved FDCC\USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default "program files" directory and should be able to silently install and uninstall. (c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. 1752.239-84 FIPS 140-2 Encryption Requirements (Nov2012) Cryptographic modules used to protect OPM information must be FIPS 140-2 compliant and validated by the Cryptographic Module Validation Program (CMVP). Contractors must provide the validation certificate number to OPM for verification. Encryption is required to protect sensitive federal and contractor data when transmitting between systems. 1752.239-86 Contractor System Oversight/Compliance (Nov 2012) (a) All contractor systems, service providers and third-party vendors must complete the IT OPM Offsite System Security Self-Assessment Survey and submit the assessments to their Contracting Officer and the CIO IT Security and Privacy Office for review and evaluation. This is a supplemental requirement and does not replace contract requirements under FISMA. The federal government has the authority to conduct site reviews for compliance validation. Full cooperation by contractor and third-party providers is required for audits and forensics. (b) The Contractor shall support the OPM in its efforts to assess and monitor the contactor systems and infrastructure. The contractor shall provide logical and physical access to the contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases upon request. The contractor will be expected to perform automated scans and continuous monitoring activities which may include, but not limited to, authenticated and unauthenticated scans of networks, operating systems, applications, and databases and provide the results of the scans to OPM or allow OPM personnel to run the scans directly. 1752.239-87 Additional Security Requirements (Apr 2012) (a) As prescribed in the FAR clause 24.104: • If the system involves the design, development, or operation of a system of records on individuals, the contractor shall implement requirements in FAR clause 52.224-1, "Privacy Act Notification" and FAR clause 52.224-2, "Privacy Act" (b) Information technology acquisitions shall use OPM established configuration settings, or utilize common security configurations available from the National Institute of Standards and Technology's website at http://checklists.nist.gov where OPM standards do not exist. (FAR part 39). 1752.242-70 Contract Performance Information (July 2005) (a) Dissemination of Contract Performance Information The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval. (b) Contractor Testimony All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order. (3) List of Attachments Attachment 1 Contractor Staffing Change Report 52.212-1 Instruction to Offerors- Commercial Items, (FEB 2012) Is incorporated by Reference. PREPARING THE TECHNICAL PORTION OF THE PROPOSAL (a) An offeror's proposal must demonstrate their ability to provide the full range of items as detailed in the Statement of Objective. To be deemed technically acceptable the contractor MUST be able to provide all of the items detailed in the Section 3 -Summary of Requirements. (b) Quotations which merely offer to conduct the work in accordance with the requirements of the Government's scope of work will be considered nonresponsive and will not be given any further consideration. (c) Evaluation of the technical portion of proposals will be conducted by a technical review committee in accordance with the evaluation criteria stated in FAR Clause 52.212-2 - Evaluation, below. 1. PREPARING THE TECHNICAL PORTION OF THE QUOTATION (a) The offeror shall include in its quotation a discussion of the offeror's proposed technical approach to respond to the requirements in the statement of objectives (SOO). Present clear and convincing evidence that you understand the scope of work as described in the SOO, and that your technical approach to accomplishing this work is sound. Include: • A narrative describing your understanding of this requirement. • A description of your technical expertise for meeting the requirements of this solicitation. Your narrative should, at a minimum: • Indicate the initial plan to gain an understanding of OPM's operations needs; • Discuss the anticipated methodology to complete the work described in of the Statement of Objectives; and • Describe your strategy for dealing with potential significant technical, administrative, or managerial problems that could arise, particularly those issues that impact deliverable deadlines; (b) In addition to its proposed technical approach, the offeror shall summarize its corporate experience (including results) with the provision in contracts similar to this solicitation that the offeror has successfully performed in the past five years. The information presented shall be in sufficient detail to describe the previous experience and effectiveness of the offeror in similar or closely related work, and to demonstrate the offeror's current ability to accomplish the tasking in this solicitation. This summary should include: • Firm Experience: statement of the offering firm's level of involvement, degree of success, number of resources and overall performance on efforts similar in nature to the requirements of this project. • Experience of Available Resources: statement of the level of involvement, degree of success, number of resources and overall performance on efforts similar in nature to the requirements of this project, including the provision of resumes of resources that will be available for this project. (c) Also include the following information for three (3) contracts and/or subcontracts for requirements as similar as possible to the current requirement: • Name of contract or project; • Contract Number; • Role (Prime or Subcontractor); • Sponsoring Organization or Company; • Contract type; • Period of Performance; • Total Contract Value; • Contract Manager and telephone number; • Program Manager and telephone number; • Project description, scope of work preformed, services or products delivered; • Major success or accomplishments, and • Major problems, lessons learned, and solution(s) applied if applicable.

Digital Audio Workstations

National Archives and Records Administration, NAA | Published August 21, 2008  -  Deadline September 10, 2008
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August 21, 2008 Dear Offeror: The National Archives and Records Administration (NARA), Special Media Preservation Laboratory (NWTS) of Preservation Programs (NWT) is planning to issue a firm fixed price contract to procure two (2) digital audio workstations and obtain priced options to purchase three (3) more work stations this fiscal year pending additional funding The business address is 8601 Adelphi Road in College Park, Maryland 20740 The award will be made to the Lowest Price Technically Acceptable Source in accordance with FAR Subpart 15.101-2. This award is open to all sized businesses. You are invited to submit a quotation utilizing Enclosure 1, Schedule of Prices for the Services specified in Enclosure 2, Performance Work Statement (PWS), under Request for Quotation (RFQ) NAMA-NW-08-Q-0002. The quotation will be submitted in the form of a written quotation in accordance with the procedures outlined in Enclosure 3, Quotation Submission Instructions. You should submit the quote not later than 3:00 PM (EST) September 10, 2008: To aid you in your planning and quotation development, the following information is provided as enclosures to this RFQ: Enclosure 1 Schedule of Prices Enclosure 2 Performance Work Statement Enclosure 3 Quotation Submission Instructions Enclosure 4 Contract Administration (provides contract administration information and requests that certain data be provided by your firm). Enclosure 5 Terms and Conditions (provided additional clauses that will be included as part of the delivery order when it is issued). Not included in FEDBIZ Ops posting due to space requirements. For a complete copy send e-mail to jon.mciver@nara.gov. This request does not commit the Government to pay for any costs incurred in the preparation of this quotation or to contract for the supplies or service. All written information identified above must be submitted to the Contract Specialist (CS) at the following address: Mr. Jon McIver National Archives and Records Administration Acquisition Services Division (NAA) 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001 Additionally, any questions regarding this RFQ and any terms and conditions should be submitted in writing to Mr. McIver not later than five working days before the deadline for receipt of quotations. Mr. McIver may be reached on telephone number 301-837-0286, fax number 301-837-3227, or e-mail at jon.mciver@nara.gov. To request a copy of the Solicitation in Word format, please e-mail jon.mciver@nara.gov. If you do not wish to submit a quotation for this effort, you are requested to notify Mr. McIver as soon as possible by e-mail or fax. LaVerne Fields NOTE: For evaluation purposes, the NTE Price will be determined by multiplying the Quantity (Qty.) by the Unit Price. The Task Order Price will be determined by summing the individual CLIN prices. CLIN = Contract Line Item Number; PWS = Performance Work Statement; NTE = Not to Exceed; NSP = Not Separately Priced. NOTE: This is a firm fixed price order. 3.0 SCHEDULE OF PRICES NOTE: Insert unit prices proposed for each CLIN. The Total Contract Maximum Price will be determined by adding the CLIN prices for each year. CLIN = Contract Line Item Number; PWS = Performance Work Statement. Section A. Base from date of award through one year. Base Year Requirement for Fiscal Year 08 Year 1 Description, CLIN 0001, Digital Audio Workstations i.a.w Paragraph 2.2 and 2.3 of PWS. 2 Each Unit Cost ___. Total Cost ___. CLIN 0002 Labor to Perform Installation & testing on CLIN 00001 Tasks in accordance with PWS Paragraph 2.1 and 2.4 1 Lot Not Separately Priced. CLIN 0003 Training to Operate system on CLIN 00001 in accordance with Paragraph 2.5. 1 Lot Not Separately Priced. CLIN 0004, Data � Deliverables on CLIN 0001 in accordance with Paragraph 2.7. 1 Lot Not Separately Priced. CLIN 0005, System Maintenance in accordance with Paragraph 2.1 and 2.8. 1 Lot Not Separately Priced. TOTAL NTE PRICE FOR THE BASE LINE REQUIREMENT FOR FISCAL YEAR 08 BASE YEAR ___. Optional Equipment for fiscal Year 08 Base Year pending additional funding: Description. CLIN 0006, Digital Audio Workstations i.a.w Paragraph 2.2 and 2.3 of PWS. 3 Each Unit Cost ___. Total Cost ___. CLIN 0007, Labor to Perform Installation & testing on CLIN 00005 Tasks in accordance with PWS Paragraph 2.4, 1 Lot Not Separately Priced. CLIN 0008, Training to Operate system on CLIN 00005 in accordance with Paragraph 2.7. 1 Lot Not Separately Priced. CLIN 0009, Data � Deliverables on CLIN 0005 in accordance with Paragraph 2.7. 1 Lot Not Separately Priced. TOTAL NTE PRICE FOR THE OPTIONAL EQUIPMENT REQUIREMENT FOR FISCAL YEAR 08 BASE YEAR PENDING ADDITIONAL FUNDS ___. Option Year one (I), Year 2 Requirement Description CLIN 1001, System Maintenance Year 2 Year in accordance with Paragraph 2.1 and 2.8. 1 Lot Total Cost ___. Option Year two (II) Year 3 Requirement Description CLIN 2001 System Maintenance Year 3 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. Option Year three (III) Year 4 Requirement Description CLIN 3001 System Maintenance Year 4 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. Option Year three (IV) Year 5 Requirement Description CLIN 4001 System Maintenance Year 5 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. TOTAL COST 5 YEARS ____. ENCLOSURE 2 PERFORMANCE WORK STATEMENT FOR Digital Audio Workstations 1.0 INTRODUCTION Statement of Need The Recording Lab of the Special Media Preservation Laboratory (NWTS) of Preservation Programs (NWT) of the National Archives and Records Administration needs to expand capabilities for the digitization audio recordings and has a need to procure four (4) digital audio workstations. These new workstations will be used for editing and prepping digital audio recordings. The workstations will be used with separate stand-alone analog-to-digital/digital-to-analog converters to be purchased separately. 2.0 BASIC REQUIREMENTS 2.1 Offerors shall propose equipment to meet the National Archives' requirements and specifications. The selected vendor shall provide all equipment and services to the final approved list and specifications. The vendor shall deliver all equipment to the National Archives at College Park, 3301 Metzerott Rd., College Park, MD, 20740. The vendor shall install the equipment in the Special Media Preservation Labs, set-up/configure equipment for use, and shall train NARA lab staff on the operation of the equipment. The vendor shall supply appropriate documentation on the operation of the equipment, on trouble-shooting problems, and on maintenance procedures. Data deliverables will also include a report tracking individual equipment warranties, and the workstation standard industry warranty from the contractor. Testing results from CLIN 0002 and 0006 will be included as data deliverables. After the base year period, the vendor shall provide, as an option, a full-service maintenance agreement for the equipment. The vendor shall agree to a one year renewable maintenance agreement, renewable for a minimum period of four years. 2.2 General Requirements: Digital Audio Workstation must meet the minimum specification requirements listed below. Hardware Requirements: Provide turn-key digital audio workstations with computers with the following minimum features � Dell, or brand name equivalent, Precision Workstation 490 or equivalent specification computer- -two (2) Dual Core Xeon, 2.3 GHz, 4 MB L2, processors -4 GB RAM -Gigabit-Ethernet 10/100/1000 Mbits NIC -Integrated USB 2.0 -Minimum of (3) IEEE 1394 I/O ports -Dual DVI or dual VGA graphics card with 256 MB -HDD 1 System Drive-SATA (minimum of 500 GB) -HDD 2: Audio Drive-SATA (minimum of 500 GB) -DVD/CD writer -DVD-ROM -USB Keyboard and Optical Mouse -Two (2) 19� Flat panel LCD Monitors -DSP board includes Video Sync I/O; With Time code (VITC/LTC) and Word clock -A minimum of 1 input and 1 output (digital I/O)-AES/EBU XLR connectors; Supports Sample Rates of 32kHz, 44.1kHz, 48kHz, 88.2kHz, 96kHz at a bit depth of 8, 16, 24, and 32 bit file types; mono and stereo Workstation configuration to allow rack-mounting if desired, hardware shall be provided. 2.3 Workstations to be used with separate stand-alone analog-to-digital/digital-to-analog converters. Operating System/ Software/ Editor: -Windows XP Professional OS -All software for audio work shall be compatible with and run on Microsoft Windows XP Professional -Steinberg WaveLab editing software (current version)-CD/DVD-Burning Software Package-Audio Processing and Restoration Plug-ins -Waves Broadcast and Production Bundle (or a comparable product) Digital audio files to be produced from original analog audio formats such as recordable disc records, wire, open reel tape, cassette tape, etc. -Digital Objects � digital audio files � Currently �pulse code modulation (PCM) encoding-96 KHz sampling frequency and 24-bits per sample-Future � undetermined-Data Formats �Currently �WAV format, uncompressed-MP3 format � derivatives from WAV-Future � undetermined. -Associated metadata and files �Currently �Recording lab will collect technical and minimal descriptive metadata-Future � undetermined. 2.4 The contractor will perform all professional services for Setup and installation of the work stations on site which includes testing and configuration validation for workstations and server/software in the Special Media Preservation Labs. Testing to demonstrate the workstation is working properly. 2.5 Training services for operation of work stations and server for NARA lab staff. NARA is looking for the industry standard training for any new system after the system is proven operational. 2.7 Data deliverables are appropriate industry standard documentation on the operation of the equipment, on trouble-shooting problems, on maintenance procedures, and on repair procedures. This will include industry standard documentation on the mechanical design of the equipment, the electrical and electronics systems of the equipment, and the control systems of the equipment. NARA believes that technical manuals for each component will be a big part of the deliverables package. Any contractor unique workstation issues will need to be covered in a format that meets industry standards and will be separate from the technical manuals provided. Data deliverables will include the spare parts package list, which shall consist of a selection of commonly replaced and unique parts or components required for the maintenance and repair of the equipment. The initial spare parts list will be delivered upon award, and updated annually upon exercising Maintenance options for years 2, 3, 4 and 5 CLIN 1001, 2001, 3001 and 4001. 2.8 System Maintenance is included in the base year and included as an option for four succeeding option years. This maintenance will cover the work stations, hardware and software components and server that are a part of the work station system. This is a full-service maintenance agreement for the equipment. Maintenance shall cover the cost of all replacement parts and labor required to repair any defects and to make the equipment fully operational. 3.0 PLACE OF PERFORMANCE Work will be performed at the following location: Special Media Preservation Laboratory (NWTS) 8601 Adelphi Road in College Park Maryland 20740 Entrance for installation will be via Metzerott Road 4.0 PERIOD OF PERFORMANCE The period will be for installation and one year of system maintenance and four one (1) year options starting from date of award. 5.0 HOURS OF OPERATION Work must be undertaken during regular business hours, Monday through Friday, unless mutually agreed upon by NARA Contracting Officers Representative (COR) and the Contractor. 6.0 TASKS AND DELIVERABLES The deliverables are discussed in paragraph 2.7 above. Performance Specifications/Additional Requirements: MISCELLANEOUS REQUIREMENTS 6.1 All work must be completed on a schedule mutually agreed upon by the vendor and the Government no later than one year from contract award date in base year or applicable option year, if exercised. 6.2 No transportation or travel expenses will be paid. 6.3 Vendor must accept direct deposit for payment. (Vendor must be registered with the CCR registry.) Government-furnished materials: N/A Subcontractors: In the event that subcontractors are needed for portions of this project, they shall be required to fully comply with all relevant portions of this performance work statement and the final contract between the Government and the prime Contractor. Enclosure 3 QUOTATION SUBMISSION INSTRUCTIONS The National Archives and Records Administration (NARA) requires Offerors to provide a written quotation, which is limited to 20 pages with a type font of no less than 10pt. to NARA officials for the purposes of assuring that the prospective Contractor fully understands the scope of this procurement and has the capability to complete all PWS requirements. NARA will incorporate the written quotation into the contract. Pricing information is excluded from the 20 page limit and should be submitted separately in CLIN structure from the Technical proposal. a. 1. Content of the Technical Quotation. The Offeror�s technical quotation to the Government must demonstrate the Offeror�s technical approach; personnel; and related experience and past performance. The purpose of the technical quotation is to enable the Government to assess and determine the soundness of each Offeror�s: demonstrated relevant knowledge and competence with regard to the Government�s requirements and program objectives; relevant capability to perform; understanding of, and approach to the work that the Offeror would have to perform under the prospective order; and the relevant challenges and risks. The technical quotation must not include any price or cost information. However, resource information such as data concerning categories, material manufacturer, and subcontracts must be contained in the presentation so that the Offeror�s understanding of the PWS can be evaluated. 2. Price Quotation. The quotations will be evaluated in accordance with the procedures outlined in FAR Subpart 15.101-2 and award will be made to the offeror that submits the lowest price technically acceptable offer. a. The period of performance will begin from date of award and go for one year, with the possibility of exercising four (4) 1 year options. b. The Offeror must provide the following information on the first page of the pricing quotation: (1) RFP Number; (2) Name and address of Offeror; (3) Name and telephone number of point of contact; (4) Name of contract administration office (if available); (5) Type of order; and (6) Proposed prices per the Schedule of Prices - best prices offered to the government (See Enclosure1). c. If the Offeror is on GSA schedule for similar efforts, provide an electronic link to the GSA contract along with the number. d. All other direct costs (ODCS) items must be separately identified and explained. Enclosure 4 Contract Administration GOVERNMENT CONTRACT ADMINISTRATION (a) This task order will be administered by: National Archives and Records Administration Acquisition Services Division, Code NAA Room 3340 8601 Adelphi Road College Park, MD 20740-6001 (b) Contract Specialist (CS): Ms. Jon McIver, Contract Specialist (CS) Telephone: (301) 837-0286 The Contracting Officer (CO), has the overall responsibility for the administration of this task order. Written communication to the CO must make reference to the task order number and must be mailed, postage prepaid, to the above address. (c) Contracting Officer (CO) LaVerne Fields (CO) Telephone: (301) 837-3063 The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the task order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from task order payments for non-performance or unsatisfactory performance; terminate the task order for convenience or default; and issue final decisions regarding task order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. Enclosure 5 Terms and Conditions NARA 4.1 SUBMISSION OF FORMS AND REPORTS JUL 2000 All postage and fees relating to submitting information, including, but not limited to, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative COR shall be prepaid by the Contractor. End of Clause NARA 4.2 MARKING OF INFORMATION OR REPORTS JUL 2000 All information or reports submitted shall prominently show on the cover of the report: 1 Name and business address of Contractor; 2 Contractor�s point of contact for report and phone number; 3 Contract number and/or Order number; 4 Contracting Officer�s name, phone number and address; and 5 Name and address of Contracting Officer's Representative COR. End of Clause NARA 7.2 DESIGNATION OF CONTRACTING OFICER�S REPRESENTATIVE COR Name Jason Love Contracting Officer's Representative (COR) National Archives and records Administration 8601 Adelphi Road Room Office Phone (office) /301-837-1922 (fax) 301-837-3703 Jason.Love@nara.gov (i) The individual named above is designated as the Contracting Officer's Representative (COR) to assist the CO in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the CS, and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic task order between the Contractor and any person other than the CO be effective or binding upon the Government. (ii) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the task order, the Contractor must promptly notify the CO in writing. (iii) No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change. (iv) The responsibilities of the COR include, but are not limited to, the following: (A) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO; (B) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this task order; (C) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO; (D) Review and certify invoices in accordance with invoicing instructions of the task order. Maintain a file with copies of these documents; (E) Review and evaluate Contractor's IDIQ estimates, furnish comments, and recommendations to the CS/CO; (F) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues; (G) Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; (H) Submit a written evaluation to the CS/CO within 60 days of task order completion or annually on the anniversary date for task orders that include options. The evaluation should include: (1) the quality and timeliness of the Contractor�s performance; and (2) a statement as to the uses made of any deliverables furnished by the Contractor. (I) In addition to the specific duties as listed above, you are also responsible for knowing the employment status of the contractor�s employees working at the NARA sites of AI and AII. When you are notified that the contractor�s employee is leaving the contract or the work site has changed, you must notify NASS of the new status. You should also ensure that the contractor�s employee returns the NARA issued identification and the proximity card for AII when they no longer need access to the buildings. Your signature is required on the Contractor�s Identification Card Authorization in order for the contractor�s employee to be issued a NARA identification badge and a proximity card in the case of an AII work site. An identification badge and proximity card will not be issued without a signed Authorization that includes an expiration date. Please refer to NARA Directive 272 for more information on contractor�s employees� identification badge and proximity card issuance. NARA 7.5 INVOICE SUBMISSION REQUIREMENTS A. Invoices should be submitted electronically to the following e-mail address: NAR@BPD.TREAS.GOV. Protected Microsoft Excel files are the preferred format, however, Adobe Acrobat Portable Document Format (PDF) and Microsoft word are also acceptable. To receive a free notification of your electronic payment, register at http://fms.treas.gov/paid. If electronic invoices are not possible, all original invoices (plus two copies) submitted for payment shall be sent to: ARC/ASD/NAR Avery 3F Bureau of Public Debt PO Box 1328 Parkersburg, WV 26106-1328 For Bureau of Public Debt paying office (ARC/ASD/NAR) payment and invoice questions, call 304-480-8000 B. One copy to the Contract Specialist (identified above). C. One copy to Jason Love, NWTS National Archives and records Administration, Rm#B810 8601 Adelphi Road Room Jason.love@nara.gov D. The contractor's invoice shall include the following information and/or attached documentation: (1) Name of the business concern and invoice date; (2) The complete contract number and/or deliver/task order number preceded by the letters NAMA; (3) Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number (s); (4) Payment Terms; (5) DUNS number; (6) Taxpayer's Identification Number (TIN); (7) Government Fund Cite; and (8) Government Organization ordering the items E. All invoices will be paid using information from the Central Contractor Registration (CCR). Therefore, payment will be made to the EFT information that matches the DUNS number for this award. NARA 8.1 SECURITY, PHYSICAL ACCESS SECURITY MAY 2006 a. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for contract employees with non-classified security level access to Government facilities. All employees assigned to positions requiring access to NARA facilities under this contract as shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to NARA Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities. b. Unless otherwise specified, the Contractor must submit to the COR, as soon as possible, but not later than ten (10) working days before contract performance is required to begin, one (1) completed Form FD 258, Fingerprint Chart; one (1) background investigation form (SF 85, SF-85-P or SF-86, as applicable)((this may be through e-QIP system with prior coordination with the NARA Personnel Security Office); one (1) Form I-9, Employment Eligibility Verification; and one (1) Declaration for Federal Employment, Optional Form 306 (OF 306) for those officers of the firm who may visit the worksite during the period of this contract and for all employees who have access to the buildings in the performance of the contract work. These forms must be submitted for replacement employees (10) days before entrance on duty. The Government will be responsible for processing these forms and adjudicating the results of the investigations. If the Government receives an unsuitable report on any employee after processing these forms, the Contractor will be advised immediately that such employee cannot continue to work, or be assigned to work, under this contract. Contractors, who hire employees investigated and determined suitable during employment with preceding Contractors, are not required to submit another set of these forms, if the employee has been determined suitable within the past three (3) years, unless specifically requested to do so by the COR. c. During the course of this contract, regardless of where the work is being performed, in a NARA facility or another location authorized by the contract, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with confidential documents and confidential information about documents and proposed Federal Agency actions. The Contractor, including Contractor�s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task. The limitations above do not apply to data or information that has been made public by the Government. d. The requirements of this clause are applicable to, and must flow down, to all subcontractors who will work at NARA facility(ies). (End of Clause) NARA 8.3 STANDARDS OF CONDUCT (a) The Contractor will be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the task order work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government. (b) The Contractor will be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards. (c) Where applicable, the requirements of this clause must be expressly incorporated into subcontract(s) and must be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this task order. (d) The Government retains the right to remove permanently any employee of the Contractor from performing duties assigned under this task order at the Federal building should the employee's performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the Federal building/work-site should it be determined by the Contracting Officer that the individual employee of the Contractor is "unsuitable" for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all-inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site: (i) Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite; (ii) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; (iii) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which interfere with the normal and efficient operations of the Government; (iv) Theft, vandalism, immoral conduct, or any other criminal actions; (v) Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects; (vi) Improper use of official authority or credentials, as a supervisor or employee of the Contractor; (vii) Violation of agency and Contractor security procedures and regulations; and (viii) Violation of the rules and regulations governing federal public buildings and grounds, set forth in 41 CFR Subpart 101-20.3 Conduct on Federal Property. (e) Following a recommendation from an agency program official or security officer, the Contracting Officer will make all determinations regarding the removal of any employee of the Contractor from and denial/termination of clearance and access to the federal building worksite for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination. (f) Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building worksite, the employee's clearance and access to the federal building must be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee must be immediately surrendered, returned, or delivered to the security officer of the federal building. NARA 8.4 PERMITS AND LICENSES SEP 1998 In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. (End of Clause) NARA 8.8 SIGN IN / SIGN OUT LOG SEP 1998 All contract employees, including subcontract employees, must sign in and out at the beginning and end of their shifts or, if a temporary vendor employee, when reporting in and leaving for a service call, on a log established at the Archives facility(ies) for contract administration purposes. The NARA Form 6026 Record of Time of Arrival and Departure from Building shall be used for this purpose. The contract employee must sign in when reporting to the building for additional services, overtime, or emergency call-back service and sign out when leaving. The NA Form 6026 shall be marked to indicate whether the purpose of the contract employee visit was for overtime, emergency call back, additional services, or regular duty. Contract supervisors must indicate their position titles next to their signatures. The log shall be the property of the Government. (End of Clause) NARA 8.9 INSURANCE REQUIREMENTS SEP 1998 a. In accordance with the clause of this contract entitled �INSURANCE--WORK ON A GOVERNMENT INSTALLATION� (FAR 52.228-5), the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below. TYPES OF INSURANCE MINIMUM AMOUNT Worker's Compensation and all $100,000, except as provided occupational disease for in FAR 28.307(a) Employee's Liability Insurance and all $100,000 per accident occupational disease when not covered by Workmen's Compensation above General Liability Insurance (Comprehensive) Bodily Injury per occurrence $500,000 Property Damage per occurrence $100,000 Vehicle Liability Insurance (Comprehensive) Bodily Injury per person $200,000 Bodily Injury per accident $500,000 Property Damage per accident $100,000 b. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. (End of Clause) NARA 8.10 OVERTIME SEP 1998 All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government. (End of Clause) NARA 8.11 COOPERATION WITH OTHER ON-SITE CONTRACTORS, SEP 1998 a. When the Government undertakes or awards other contracts for additional work at the facilities, the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work to such other additional contracted work as may be directed by the Contracting Officer�s Representative (COR). The Contractor shall not commit or permit any act which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees. b. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract. (End of Clause) 1. CONTRACTOR RESPONSIBILITY The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the task order. OTHER TERMS AND CONDITIONS (a) The Offeror must provide the Contractor Identification Number - Data Universal Numbering System (DUNS) FAR 52.204-6 (APR 2008). (b) The Offeror must provide the Taxpayer Identification Number in accordance with FAR 52.204-3 (OCT 1998). (c) Exceptions Taken to any Terms and Conditions Stated in the RFP. Complete rationale, justification, and cost impact must be included. The Government advises Offerors that it intends to evaluate quotations and award an order without discussions. Questions regarding terms and conditions should be submitted in writing to the Contract Administrator not later than five (5) working days before the deadline for receipt of quotations. 52.216-1 TYPE OF CONTRACT APR 1984 (IAW FAR 16.105) The Government contemplates award of a Fixed Price Indefinite Delivery Indefinite Quantity contract resulting from this solicitation. 52.217-5 EVALUATION OF OPTIONS JUL 1990 (IAW FAR 17.208(c)(1)) 52.217-8 Option to Extend Services (Nov 1999) Nov 1999 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract end date. 52.233-2 SERVICE OF PROTEST SEP 2006 (IAW FAR 33.106(a)) Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from National Archives and Records Administration NAA - Acquisition Services Division 8601 Adelphi Road Room 3340 College Park, MD 20740-6001 301-837-0286 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) CLAUSES 52.212-2 IAW FAR 12.301 ( c ) Evaluation�Commercial Items (January 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers and shall be in separate volumes: 1) Technical Understanding, Approach, Capabilities, and Management; 1 Copy 3) Price 1 Copy (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Part IV � Representations and Instructions 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Jun 2008) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- �Emerging small business� means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. �Forced or indentured child labor� means all work or service� (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. �Manufactured end product� means any end product in Federal Supply Classes (FSC) 1000-9999, except� (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. �Place of manufacture� means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. �Restricted business operations� means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate� (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. �Service-disabled veteran-owned small business concern�� (1) Means a small business concern� (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). �Small business concern� means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. �Veteran-owned small business concern� means a small business concern� (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. �Women-owned business concern� means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. �Women-owned small business concern� means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications�Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it * is, * is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it * is, * is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it * is, * is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it * is, * is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it * is, * is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it * is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it * is, * is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror�s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror�s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of 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 * is, * is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It *has, * has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It * is, * is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It * is, * not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.

Digital Video Workstation

National Archives and Records Administration, NAA | Published August 18, 2008  -  Deadline September 10, 2008
cpvs

You should submit the quote not later than 3:00 PM (EST) September 10, 2008: To aid you in your planning and quotation development, the following information is provided as enclosures to this RFQ: Enclosure 1 Schedule of Prices Enclosure 2 Performance Work Statement Enclosure 3 Quotation Submission Instructions Enclosure 4 Contract Administration (provides contract administration information and requests that certain data be provided by your firm). Enclosure 5 Terms and Conditions (provided additional clauses that will be included as part of the delivery order when it is issued). This request does not commit the Government to pay for any costs incurred in the preparation of this quotation or to contract for the supplies or service. All written information identified above must be submitted to the Contract Specialist (CS) at the following address: Ms. Alice Keefe National Archives and Records Administration Acquisition Services Division (NAA) 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001 Additionally, any questions regarding this RFQ and any terms and conditions should be submitted in writing to Ms. Keefe not later than five working days before the deadline for receipt of quotations. Ms. Keefe may be reached on telephone number 301-837-1821, fax number 301-837-3227, or e-mail at Alice.Keefe@nara.gov. To request a copy of the Solicitation in Word format, please e-mail Alice.Keefe@nara.gov. If you do not wish to submit a quotation for this effort, you are requested to notify Ms. Keefe as soon as possible by e-mail or fax. Jon McIver Contracting Officer ENCLOSURE 1 NOTE: For evaluation purposes, the NTE Price will be determined by multiplying the Quantity (Qty.) by the Unit Price. The Task Order Price will be determined by summing the individual CLIN prices. CLIN = Contract Line Item Number; PWS = Performance Work Statement; NTE = Not to Exceed; NSP = Not Separately Priced. NOTE: This is a firm fixed price order. 3.0 SCHEDULE OF PRICES NOTE: Insert unit prices proposed for each CLIN. The Total Contract Maximum Price will be determined by adding the CLIN prices for each year. CLIN = Contract Line Item Number; PWS = Performance Work Statement. Section A. Base from date of award through one year. Base Line Requirement for Fiscal Year 08 Base Year Description CLIN 0001: Digital Video Workstations i.a.w Paragraph 2.2 and 2.3 of PWS. 2 Each Unit Price ___ Total Price___. CLIN 0002 Labor to Perform Installation & testing on CLIN 00001 Tasks in accordance with PWS Paragraph 2.1 and 2.4 Not Separately Priced. CLIN 0003 Training to Operate system on CLIN 0001 in accordance with Paragraph 2.5 Not Separately Priced. CLIN 0004 Data � Deliverables on CLIN 0001 in accordance with Paragraph 2.7 Not Separately Priced. CLIN 0005 System Maintenance in accordance with Paragraph 2.1 and 2.8. 1 Lot, Total Price ___. TOTAL NTE PRICE FOR THE BASE LINE REQUIREMENT FOR FISCAL YEAR 08 BASE YEAR ____. Option Year one (I), Year 2 Requirement Description CLIN 1001, System Maintenance Year 2 Year in accordance with Paragraph 2.1 and 2.8. 1 Lot Total Cost ___. Option Year two (II) Year 3 Requirement Description CLIN 2001 System Maintenance Year 3 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. Option Year three (III) Year 4 Requirement Description CLIN 3001 System Maintenance Year 4 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. Option Year three (IV) Year 5 Requirement Description CLIN 4001 System Maintenance Year 5 Year in accordance with Paragraph 2.1 and 2.8. Lot Total Cost ___. TOTAL COST 5 YEARS ____. ENCLOSURE 2 PERFORMANCE WORK STATEMENT FOR Digital Video Workstations 1.0 INTRODUCTION Statement of Need The Recording Lab of the Special Media Preservation Laboratory (NWTS) of Preservation Programs (NWT) of the National Archives and Records Administration needs to add capabilities for the digitization of video recordings in NARA�s holdings. Currently, the Recording Lab does not have the capability of digitizing analog video recordings to produce computer compatible digital video files. These new workstations will be used for editing and prepping digital video recordings. 2.0 BASIC REQUIREMENTS 2.1 Offerors shall propose equipment to meet the National Archives' requirements and specifications. The selected vendor shall provide all equipment and services to the final approved list and specifications. The vendor shall deliver all equipment to the National Archives at College Park, 3301 Metzerott Rd., College Park, MD, 20740. The vendor shall install the equipment in the Special Media Preservation Labs, set-up/configure equipment for use, and shall train NARA lab staff on the operation of the equipment. The vendor shall supply appropriate documentation on the operation of the equipment, on trouble-shooting problems, and on maintenance procedures. Data deliverables will also include a report tracking individual equipment warranties, and the workstation standard industry warranty from the contractor. Testing results from CLIN 0002 will be included as data deliverables. After the base year period, the vendor shall provide, as an option, a full-service maintenance agreement for the equipment. The vendor shall agree to a one year renewable maintenance agreement, renewable for a minimum period of four years. 2.2 General Requirements: Digital Video Workstation must meet the minimum specification requirements listed below. Hardware Requirements: Provide turn-key digital video workstations for editing and post-production work. Software plug-ins for digital capture and editing of video. Compatibility with standard definition (SD) and high definition (HD). Computers shall have the following minimum features � Dell, or brand name equivalent, Precision Workstation 490 or model with equivalent features- -two (2) Dual Core Xeon, 2.3 GHz, 4 MB L2, processors -4 GB RAM -Gigabit-Ethernet 10/100/1000 Mbits NIC -Integrated USB 2.0 -Minimum of (1) IEEE 1394 I/O ports -Dual DVI graphics card with 256 MB -HDD 1 System Drive-SATA (minimum of 500 GB) -HDD 2: Audio Drive-SATA (minimum of 500 GB) -16x DVD-RW drive -DVD-ROM drive -USB Keyboard and Optical Mouse -Two (2) 19� flat panel LCD Monitors -DSP board includes Video Sync I/O; With Time code (VITC/LTC) and Word clock -A minimum of 1 input and 1 output (digital I/O)-AES/EBU XLR connectors; Supports Sample Rates of 32kHz, 44.1kHz, 48kHz, 88.2kHz, 96kHz at a bit depth of 8, 16, 24, and 32 bit file types; mono and stereo 2.3 Workstation configuration to allow rack-mounting if desired, hardware shall be provided. Digital Input/Output: -Standard Definition connectors: 1x SD-SDI input; active through; embedded audio (SMPTE compliant), 2x SD-SDI output; embedded audio (SMPTE compliant) -High Definition connectors: 1x Firewire (IEEE 1394a) 1x HD-SDI input; active through; embedded audio (SMPTE compliant) 2x HD-SDI output; embedded audio (SMPTE compliant) -4x AES/EBU stereo audio input -4x AES/EBU stereo audio output Analog input: -Standard definition: NTSC 525i, PAL 625i Analog input connectors: -1 x S-Video (miniDIN) -1 x composite video (BNC) with pass through -1 x component Y/Pb/Pr video (BNC x 3) -1 x SD reference (BNC, Black Burst) -1 x HD reference (BNC, Tri Level) -4 x balanced single-channel audio input (XLR) Analog output: -Standard definition: NTSC 525i, PAL 625i -High definition (component output and D-Terminal only): 1080i Analog output connectors: -1 x S-Video (miniDIN) -2 x composite video (BNC) -1 x component Y/Pb/Pr video (BNCx3) -1 x SD reference (BNC) -1 x HD Reference (BNC) -4 x balanced single-channel audio (XLR) -1 x unbalanced stereo audio (RCA x 2) -1 x D-Terminal (D3) Time Code: -1x timecode input -1x timecode output Supported Video Formats: -DVCPRO 25 -DVCPRO 50 -DVCPRO HD/DVCPRO 100 -HDV -JPEG 2000 -Microsoft DV -MPEG-1 -MPEG-2 program stream, elementary stream, transport stream (SD and HD) -P2 (SD and HD) -VariCam -QuickTime (including DV, DVCPRO HD) -XDCAM (SD and HD) -Uncompressed -Windows Media Operating System/ Software/ Editor: -Windows XP Professional OS -All software for audio work shall be compatible with and run on Microsoft Windows XP Professional Digital video files produced from original analog and digital video recordings -Digital Objects � digital video files � Currently � Video signal � 720 x 486 pixel array and aspect ratio 24-bit or 32-bit color (8-bits per channel, 32-bit includes alpha channel), 10-bits per channel for conversion from Digital Betacam and D1 29.97 frames per second interlaced or progressive YCbCr color encoding Sampling 4:4:4 (no subsampling) 4:2:2 4:1:1 -Compression- uncompressed intraframe or spatial compression MPEG or discrete cosine transform (DCT) interframe or temporal compression Audio signal �pulse code modulation (PCM) encoding - 48 KHz sampling frequency and 16-bit per sample at a minimum - uncompressed -Future � undetermined Data Formats � Currently � MOV (Quicktime) or AVI -Future � MXF wrapper with Motion JPEG2000 compression, RGB encoding-MPEG2-MPEG4 -Associated metadata � Currently � recording lab to collect appropriate technical and minimal descriptive metadata. Future � undetermined 2.4 The contractor will perform all professional services for Setup and installation of the work stations on site which includes testing and configuration validation for workstations and server/software in the Special Media Preservation Labs. Vendor will install and demonstrate workstations are working properly. 2.5 Training services for operation of work stations and server for NARA lab staff. NARA is looking for the industry standard training for any new system after the system is proven operational. 2.6 Data deliverables are appropriate industry standard documentation on the operation of the equipment, on trouble-shooting problems, on maintenance procedures, and on repair procedures. This will include industry standard documentation on the mechanical design of the equipment, the electrical and electronics systems of the equipment, and the control systems of the equipment. NARA believes that technical manuals for each component will be a big part of the deliverables package. Any contractor unique workstation issues will need to be covered in a format that meets industry standards and will be separate from the technical manuals provided. Data deliverables will include the spare parts package list, which shall consist of a selection of commonly replaced and unique parts or components required for the maintenance and repair of the equipment. This list may grow during the System Maintenance Year 1, 2, 3 and 4 periods. The initial spare parts list will be delivered upon award, and updated annually upon exercising Maintenance options for years 2, 3, 4 and 5 CLIN 1001, 2001, 3001 and 4001. Data deliverables will also include a report tracking individual equipment warranties, and the workstation standard industry warranty from the contractor. Testing results from CLIN 0002 will be included as data deliverables. 2.7 System Maintenance is included in the base year and included as an option for four succeeding option years. This maintenance will cover the work stations, hardware and software components and server that are a part of the work station system. This is a full-service maintenance agreement for the equipment. Maintenance shall cover the cost of all replacement parts and labor required to repair any defects and to make the equipment fully operational. 3.0 PLACE OF PERFORMANCE Work will be performed at the following location: Special Media Preservation Laboratory (NWTS) 8601 Adelphi Road in College Park Maryland, 20740 Entrance for installation will be via Metzerott Road 4.0 PERIOD OF PERFORMANCE The period will be for installation and one year of system maintenance and four one (1) year options starting from date of award. 5.0 HOURS OF OPERATION Work must be undertaken during regular business hours, Monday through Friday, unless mutually agreed upon by NARA Contracting Officers Representative (COR) and the Contractor. 6.0 TASKS AND DELIVERABLES The deliverables are discussed in paragraph 2.7 above. Performance Specifications/Additional Requirements: MISCELLANEOUS REQUIREMENTS 6.1 All work must be completed on a schedule mutually agreed upon by the vendor and the Government no later than one year from contract award date in base year or applicable option year, if exercised. 6.2 No transportation or travel expenses will be paid. 6.3 Vendor must accept direct deposit for payment. (Vendor must be registered with the CCR registry.) Government-furnished materials: N/A Subcontractors: In the event that subcontractors are needed for portions of this project, they shall be required to fully comply with all relevant portions of this performance work statement and the final contract between the Government and the prime Contractor. Enclosure 3 QUOTATION SUBMISSION INSTRUCTIONS The National Archives and Records Administration (NARA) requires Offerors to provide a written quotation, which is limited to 20 pages with a type font of no less than 10pt. to NARA officials for the purposes of assuring that the prospective Contractor fully understands the scope of this procurement and has the capability to complete all PWS requirements. NARA will incorporate the written quotation into the contract. Pricing information is excluded from the 20 page limit and should be submitted separately in CLIN structure from the Technical proposal. a.1. Content of the Technical Quotation. The Offeror�s technical quotation to the Government must demonstrate the Offeror�s technical approach; personnel; and related experience and past performance. The purpose of the technical quotation is to enable the Government to assess and determine the soundness of each Offeror�s: demonstrated relevant knowledge and competence with regard to the Government�s requirements and program objectives; relevant capability to perform; understanding of, and approach to the work that the Offeror would have to perform under the prospective order; and the relevant challenges and risks. The technical quotation must not include any price or cost information. However, resource information such as data concerning categories, material manufacturer, and subcontracts must be contained in the presentation so that the Offeror�s understanding of the PWS can be evaluated. 2. Price Quotation. The quotations will be evaluated in accordance with the procedures outlined in FAR Subpart 15.101-2 and award will be made to the offeror that submits the lowest price technically acceptable offer. a. The period of performance will begin from date of award and go for one year, with the possibility of exercising four (4) 1 year options. b. The Offeror must provide the following information on the first page of the pricing quotation: (1) RFP Number; (2) Name and address of Offeror; (3) Name and telephone number of point of contact; (4) Name of contract administration office (if available); (5) Type of order; and (6) Proposed prices per the Schedule of Prices - best prices offered to the government (See Enclosure1). c. If the Offeror is on GSA schedule for similar efforts, provide an electronic link to the GSA contract along with the number. d. All other direct costs (ODCS) items must be separately identified and explained. Enclosure 4 Contract Administration GOVERNMENT CONTRACT ADMINISTRATION (a) This task order will be administered by: National Archives and Records Administration Acquisition Services Division, Code NAA Room 3340 8601 Adelphi Road College Park, MD 20740-6001 (b) Contract Specialist (CS): Ms. Alice Keefe, Contract Specialist (CS) Telephone: (301) 837-1821 The Contracting Officer (CO) has the overall responsibility for the administration of this task order. Written communication to the CO must make reference to the task order number and must be mailed, postage prepaid, to the above address. (c) Contracting Officer (CO) Jon McIver (CO) Telephone: (301) 837-0286 The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the task order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from task order payments for non-performance or unsatisfactory performance; terminate the task order for convenience or default; and issue final decisions regarding task order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. Enclosure 5 Terms and Conditions NARA 4.1 SUBMISSION OF FORMS AND REPORTS JUL 2000 All postage and fees relating to submitting information, including, but not limited to, forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative COR shall be prepaid by the Contractor. End of Clause NARA 4.2 MARKING OF INFORMATION OR REPORTS JUL 2000 All information or reports submitted shall prominently show on the cover of the report: 1 Name and business address of Contractor; 2 Contractor�s point of contact for report and phone number; 3 Contract number and/or Order number; 4 Contracting Officer�s name, phone number and address; and 5 Name and address of Contracting Officer's Representative COR. End of Clause NARA 7.2 DESIGNATION OF CONTRACTING OFICER�S REPRESENTATIVE COR Name Jason Love Contracting Officer's Representative (COR) National Archives and records Administration 8601 Adelphi Road Room Office Phone (office) /301-837-1922 (fax) 301-837-3703 Jason.Love@nara.gov (i) The individual named above is designated as the Contracting Officer's Representative (COR) to assist the CO in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the CS, and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic task order between the Contractor and any person other than the CO be effective or binding upon the Government. (ii) When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the task order, the Contractor must promptly notify the CO in writing. (iii) No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change. (iv) The responsibilities of the COR include, but are not limited to, the following: (A) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO; (B) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this task order; (C) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO; (D) Review and certify invoices in accordance with invoicing instructions of the task order. Maintain a file with copies of these documents; (E) Review and evaluate Contractor's IDIQ estimates, furnish comments, and recommendations to the CS/CO; (F) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues; (G) Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; (H) Submit a written evaluation to the CS/CO within 60 days of task order completion or annually on the anniversary date for task orders that include options. The evaluation should include: (1) the quality and timeliness of the Contractor�s performance; and (2) a statement as to the uses made of any deliverables furnished by the Contractor. (I) In addition to the specific duties as listed above, you are also responsible for knowing the employment status of the contractor�s employees working at the NARA sites of AI and AII. When you are notified that the contractor�s employee is leaving the contract or the work site has changed, you must notify NASS of the new status. You should also ensure that the contractor�s employee returns the NARA issued identification and the proximity card for AII when they no longer need access to the buildings. Your signature is required on the Contractor�s Identification Card Authorization in order for the contractor�s employee to be issued a NARA identification badge and a proximity card in the case of an AII work site. An identification badge and proximity card will not be issued without a signed Authorization that includes an expiration date. Please refer to NARA Directive 272 for more information on contractor�s employees� identification badge and proximity card issuance. NARA 7.5 INVOICE SUBMISSION REQUIREMENTS A. Invoices should be submitted electronically to the following e-mail address: NAR@BPD.TREAS.GOV. Protected Microsoft Excel files are the preferred format, however, Adobe Acrobat Portable Document Format (PDF) and Microsoft word are also acceptable. To receive a free notification of your electronic payment, register at http://fms.treas.gov/paid. If electronic invoices are not possible, all original invoices (plus two copies) submitted for payment shall be sent to: ARC/ASD/NAR Avery 3F Bureau of Public Debt PO Box 1328 Parkersburg, WV 26106-1328 For Bureau of Public Debt paying office (ARC/ASD/NAR) payment and invoice questions, call 304-480-8000 B. One copy to the Contract Specialist (identified above). C. One copy to Jason Love, NWTS National Archives and records Administration, Rm#B810 8601 Adelphi Road Room Jason.love@nara.gov D. The contractor's invoice shall include the following information and/or attached documentation: (1) Name of the business concern and invoice date; (2) The complete contract number and/or deliver/task order number preceded by the letters NAMA; (3) Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number (s); (4) Payment Terms; (5) DUNS number; (6) Taxpayer's Identification Number (TIN); (7) Government Fund Cite; and (8) Government Organization ordering the items E. All invoices will be paid using information from the Central Contractor Registration (CCR). Therefore, payment will be made to the EFT information that matches the DUNS number for this award. NARA 8.1 SECURITY, PHYSICAL ACCESS SECURITY MAY 2006 a. The Government will have, and will exercise, full and complete control over granting, denying, withholding or terminating suitability determinations for contract employees with non-classified security level access to Government facilities. All employees assigned to positions requiring access to NARA facilities under this contract as shall be subject to background investigations at the "National Agency Check with Inquiries" (NACI) level. Contractor personnel with access to NARA Desktop Common Productivity Tools shall also be required to comply with this requirement. The Government may, as it deems appropriate, authorize and grant temporary access to employees of the Contractor and its subcontractors. However, the granting of temporary access to any such employee will not be considered as assurance that full suitability determination will follow as a result or condition thereof. The granting of either temporary or full access will in no way prevent, preclude, or bar the withdrawal or termination of any such suitability determination by the Government as deemed necessary to protect facilities. b. Unless otherwise specified, the Contractor must submit to the COR, as soon as possible, but not later than ten (10) working days before contract performance is required to begin, one (1) completed Form FD 258, Fingerprint Chart; one (1) background investigation form (SF 85, SF-85-P or SF-86, as applicable)((this may be through e-QIP system with prior coordination with the NARA Personnel Security Office); one (1) Form I-9, Employment Eligibility Verification; and one (1) Declaration for Federal Employment, Optional Form 306 (OF 306) for those officers of the firm who may visit the worksite during the period of this contract and for all employees who have access to the buildings in the performance of the contract work. These forms must be submitted for replacement employees (10) days before entrance on duty. The Government will be responsible for processing these forms and adjudicating the results of the investigations. If the Government receives an unsuitable report on any employee after processing these forms, the Contractor will be advised immediately that such employee cannot continue to work, or be assigned to work, under this contract. Contractors, who hire employees investigated and determined suitable during employment with preceding Contractors, are not required to submit another set of these forms, if the employee has been determined suitable within the past three (3) years, unless specifically requested to do so by the COR. c. During the course of this contract, regardless of where the work is being performed, in a NARA facility or another location authorized by the contract, the Contractor may come into contact with data files subject to the Privacy Act. If this situation occurs, Privacy Act data must conform to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The Contractor also may come into contact with confidential documents and confidential information about documents and proposed Federal Agency actions. The Contractor, including Contractor�s personnel, Subcontractors, and consultants must not divulge or release data or information developed or obtained in performance of this task except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor must not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this task. The limitations above do not apply to data or information that has been made public by the Government. d. The requirements of this clause are applicable to, and must flow down, to all subcontractors who will work at NARA facility(ies). (End of Clause) NARA 8.3 STANDARDS OF CONDUCT (a) The Contractor will be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not disturb papers on desks, open desk drawers or cabinets, use Government telephones, except as authorized, or otherwise jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the task order work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government. (b) The Contractor will be responsible for taking such disciplinary action, including suspension without pay or removal from the worksite, with respect to its employees, as may be necessary to enforce those standards. (c) Where applicable, the requirements of this clause must be expressly incorporated into subcontract(s) and must be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this task order. (d) The Government retains the right to remove permanently any employee of the Contractor from performing duties assigned under this task order at the Federal building should the employee's performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the Federal building/work-site should it be determined by the Contracting Officer that the individual employee of the Contractor is "unsuitable" for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all-inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site: (i) Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the worksite; (ii) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; (iii) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which interfere with the normal and efficient operations of the Government; (iv) Theft, vandalism, immoral conduct, or any other criminal actions; (v) Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects; (vi) Improper use of official authority or credentials, as a supervisor or employee of the Contractor; (vii) Violation of agency and Contractor security procedures and regulations; and (viii) Violation of the rules and regulations governing federal public buildings and grounds, set forth in 41 CFR Subpart 101-20.3 Conduct on Federal Property. (e) Following a recommendation from an agency program official or security officer, the Contracting Officer will make all determinations regarding the removal of any employee of the Contractor from and denial/termination of clearance and access to the federal building worksite for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination. (f) Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building worksite, the employee's clearance and access to the federal building must be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee must be immediately surrendered, returned, or delivered to the security officer of the federal building. NARA 8.4 PERMITS AND LICENSES SEP 1998 In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. (End of Clause) NARA 8.8 SIGN IN / SIGN OUT LOG SEP 1998 All contract employees, including subcontract employees, must sign in and out at the beginning and end of their shifts or, if a temporary vendor employee, when reporting in and leaving for a service call, on a log established at the Archives facility(ies) for contract administration purposes. The NARA Form 6026 Record of Time of Arrival and Departure from Building shall be used for this purpose. The contract employee must sign in when reporting to the building for additional services, overtime, or emergency call-back service and sign out when leaving. The NA Form 6026 shall be marked to indicate whether the purpose of the contract employee visit was for overtime, emergency call back, additional services, or regular duty. Contract supervisors must indicate their position titles next to their signatures. The log shall be the property of the Government. (End of Clause) NARA 8.9 INSURANCE REQUIREMENTS SEP 1998 a. In accordance with the clause of this contract entitled �INSURANCE--WORK ON A GOVERNMENT INSTALLATION� (FAR 52.228-5), the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below. TYPES OF INSURANCE MINIMUM AMOUNT Worker's Compensation and all $100,000, except as provided occupational disease for in FAR 28.307(a) Employee's Liability Insurance and all $100,000 per accident occupational disease when not covered by Workmen's Compensation above General Liability Insurance (Comprehensive) Bodily Injury per occurrence $500,000 Property Damage per occurrence $100,000 Vehicle Liability Insurance (Comprehensive) Bodily Injury per person $200,000 Bodily Injury per accident $500,000 Property Damage per accident $100,000 b. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. (End of Clause) NARA 8.10 OVERTIME SEP 1998 All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government. (End of Clause) NARA 8.11 COOPERATION WITH OTHER ON-SITE CONTRACTORS SEP 1998 a. When the Government undertakes or awards other contracts for additional work at the facilities, the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work to such other additional contracted work as may be directed by the Contracting Officer�s Representative (COR). The Contractor shall not commit or permit any act which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees. b. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under the other contract. (End of Clause) 1. CONTRACTOR RESPONSIBILITY The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the task order. OTHER TERMS AND CONDITIONS (a) The Offeror must provide the Contractor Identification Number - Data Universal Numbering System (DUNS) FAR 52.204-6 (APR 2008). (b) The Offeror must provide the Taxpayer Identification Number in accordance with FAR 52.204-3 (OCT 1998). (c) Exceptions Taken to any Terms and Conditions Stated in the RFP. Complete rationale, justification, and cost impact must be included. The Government advises Offerors that it intends to evaluate quotations and award an order without discussions. Questions regarding terms and conditions should be submitted in writing to the Contract Administrator not later than five (5) working days before the deadline for receipt of quotations. 52.216-1 TYPE OF CONTRACT APR 1984 (IAW FAR 16.105) The Government contemplates award of a Fixed Price Indefinite Delivery Indefinite Quantity contract resulting from this solicitation. 52.217-5 EVALUATION OF OPTIONS JUL 1990 (IAW FAR 17.208(c)(1)) 52.217-8 Option to Extend Services (Nov 1999) Nov 1999 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract end date. 52.233-2 SERVICE OF PROTEST SEP 2006 (IAW FAR 33.106(a)) Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from National Archives and Records Administration NAA - Acquisition Services Division 8601 Adelphi Road Room 3340 College Park, MD 20740-6001 301-837-0286 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) CLAUSES 52.212-2 IAW FAR 12.301 ( c ) Evaluation�Commercial Items (January 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers and shall be in separate volumes: 1) Technical Understanding, Approach, Capabilities, and Management; 1 Copy 3) Price 1 Copy (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Part IV � Representations and Instructions 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Jun 2008) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- �Emerging small business� means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. �Forced or indentured child labor� means all work or service� (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. �Manufactured end product� means any end product in Federal Supply Classes (FSC) 1000-9999, except� (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. �Place of manufacture� means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. �Restricted business operations� means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate� (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. �Service-disabled veteran-owned small business concern�� (1) Means a small business concern� (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). �Small business concern� means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. �Veteran-owned small business concern� means a small business concern� (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. �Women-owned business concern� means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. �Women-owned small business concern� means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications�Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it * is, * is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it * is, * is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it * is, * is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it * is, * is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it * is, * is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it * is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it * is, * is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror�s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror�s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of 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 * is, * is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It *has, * has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It * is, * is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It * is, * not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.

Vehicle Load Testing

Department of the Air Force, Air Mobility Command | Published September 20, 2008  -  Deadline September 23, 2008
cpvs

The offeror ( ) does ( ) does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). ( ) TIN: --------------------. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. ( ) Sole proprietorship; ( ) Partnership; ( ) Corporate entity (not tax-exempt); ( ) Corporate entity (tax-exempt); ( ) Government entity (Federal, State, or local); ( ) Foreign government; ( ) International organization per 26 CFR 1.6049-4; ( ) Other ----------. (5) Common parent. ( ) Offeror is not owned or controlled by a common parent; ( ) Name and TIN of common parent: Name --------------------. TIN --------------------. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (4) [Removed]. _x__ (5)(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. ___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-7. ___ (iii) Alternate II (MAR 2004) of 52.219-7. ___ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)). ___ (8)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (OCT 2001) of 52.219-9 ___(iii) Alternate II (OCT 2001) of 52.219-9. ___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (JUNE 2003) of 52.219-23. ___ (12) 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). ___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f). ___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)). _x__ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). _x__ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126). _x__ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _x__ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _x__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). ___ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). ___ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). ___ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). _x__(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts). ___ (ii) Alternate I (AUG 2007) of 52.222-50. ___ (25)(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)). ___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). ___ (26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) . ___ (27)(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__ (28) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). _x__ (29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (31) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (34) 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)). ___ (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x__ (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___ (37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). ___ (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). ___ (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (40)(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.) __x__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits (End of clause) AFFARS 5352.201-9101 OMBUDSMAN (AUG 2005) (a) An ombudsman has been appointed to consider and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. The ombudsman may not serve as an advocate for any party. (b) Before consulting with an ombudsman, concerned parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: Michael.jackson@scott.af.mil. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) WAWF INSTRUCTIONS WIDE AREA WORK FLOW (WAWF) PROGRAM In March 2003, the Department of Defense Federal Acquisition Supplement (DFARS) subpart 232.70 - Electronic Submission and Processing of Payment Requests was issued. In accordance with this, we are excited about the deployment of a new system, Wide Are Work Flow Receipt and Acceptance (WAWF-RA). This Electronic Commerce (E-Commerce) system will benefit both you and the Air Force as we partner with each other in the implementation of this new way of conducting business. It is also important to note that in addition to this, the Department of Defense (DoD) Appropriations Act of 2001, Section 1008 - Electronic Submission and Processing of Claims for Contract Payments, requires that any claim for payment under a DoD contract shall be submitted in electronic form. The full text is found on the Defense Finance and Accounting Service (DFAS) web site http://www.dod.mil/dfas/legislative/ and in 10 U.S.C Chapter 131. WAWF-RA is designed to automate commercial invoices and government receiving reports in a web-based, paperless environment. WAWF-RA allows vendors to create and instantaneously submit invoices and receiving reports directly to DFAS and/or government receivers from any location in the world. Once documents are submitted, vendors are afforded full viewing capability and are able to monitor document status from submission to acceptance and processing by the DFAS payment office. WAWF-RA utilizes e-mail to notify all parties involved in the payment process of the current status of each document; thus eliminating U.S. mail lag-time. Since documents will now be entered and stored in a database, there is no need for multiple copies. They cannot be "lost" or "misplaced", and are viewable by all necessary parties during the entire payment process via a secure web site. Changes to rejected documents can be easily made and resubmitted on-line - - no more re-typing, resending, or re-faxing. Discounts become available on the first day of the discount period instead of being lost due to paperwork shuffling and postal delays. WAWF-RA should speed up the vendor payment process and get you your money faster. McGuire AFB began using testing this new system in February 2004 and plans to fully implement it by April 2004. There are no costs involved to get you started. Registration and software are provided FREE OF CHARGE and we will be available to assist you in every step of the way. To get started, your company will need a user ID and password for accessing the WAWF-RA system. This can be obtained by visiting the WAWF-RA website at https://wawf.eb.mil/ and following the instructions under Help with registration for access to WAWF-RA. Under About WAWF - RA, you will also find links for Functional Information, Setting Up Your Machine, Accessing Web Based Training, and Frequently Asked Questions. Additionally, we have attached a Wide Area work Flow - Receipt and Acceptance (WAWF-RA) Vendor Instructions, Installation, and Registration Checklist. Should you have questions about the WAWF-RA system or the website, please don't hesitate to contact a Defense Information Systems Agency (DISA) customer support representative toll-free at 1-866-618-5988 or e-mail them at cscassig@ogden.disa.mil. (Please include "WAWF" in the subject line of all e-mail requests.) Attachment: WAWF-RA Vendor Instructions, Installation, and Registration Checklist Wide Area Work Flow Receipt and Acceptance (WAWF-RA) Vendor Instructions Installation and Registration Checklist Completion of all instructions contained in this checklist must be accomplished prior to activation of the firm and user accounts. 1. Check Central Contractor Registration System (CCR) to see if your company is registered. • If you are registered in CCR, please go to Step 3 below. • For help with registration in CCR, contact CCR Helpdesk, 888-227-2423 or 269-961-4725, e-mail CCR@dlis.dla.mil, or see the CCR Handbook at http://www.ccr.gov/handbook.cfm. 2. Register with Central Contractor Registry (CCR). • All vendors desiring to bid on goods or services in support of Department of Defense (DoD) must be registered in the CCR at http://www.ccr.gov/. • Ensure that all mandatory fields are completed in your new CCR account (i.e., Telephone/FAX number, Data Universal Numbering System (DUNS) and/or Commercial and Government Entity (CAGE) codes, North American Industry Code Systems (NAICS) codes, etc.). • Note: All contractors are required to update their CCR registration annually. Failure to do so will result in suspension of the account, which will prevent or delay awarding DoD contracts and payments to your firm. 3. Establish an Electronic Business Point of Contact (EB POC). • The next step is to ensure that you have identified an EB POC for your company. You are required to establish both a primary and alternate EB POC for each CAGE/DUNS code assigned to the firm. • To see if an EB POC is listed for your company, go to http://www.ccr.gov/ and click on "Search CCR." Where prompted, enter the DUNS or CAGE or Company Name and click "Submit Query." If you are presented with a list of DUNS numbers, you will need to pick the specific location and click on the DUNS. • Scroll to the bottom of the Inquiry Results page. There you can see if anyone is listed as the EB POC. If no one is listed, your company has not identified an EB POC yet. If you see that there is no one listed as your company's EB POC, you need click on "Update or Renew Registrations Using TPIN" to add it. • Each vendor organization may establish up to two EB POC's (primary and alternate) for each Cage/DUNS combination. • The EB POC will be responsible for authorizing access to employee(s) of the vendor's organization to view and/or modify data submitted on behalf of the vendor. • Update NAICS codes developed by the Census Bureau, which replaced the Standard Industrial Classification (SIC) codes. Until NAICS codes are updated, update will not be complete. For more info on NAICS codes, visit: http://www.census.gov/epcd/www/naics.html 4. Determine if your organization will designate a Group Administrator (GAM) (Proceed to paragraph 5 if you are not going to designate a GAM). • In medium to large sized companies, there may be a need to establish more than one GAM. • A GAM determines who has access to the WAWF-RA vendor account. • The initial GAM shall be the person designated as the EB POC. To appoint additional GAM's, each vendor must submit an official appointment letter signed by the EB POC. • The appointment letter should be faxed to the WAWF-RA Customer Support Center. • The Group Administrator's Manual is available for reviewing to all WAWF-RA registered users. • The GAM Manual can be found in the Software Users Manual link within the WAWF-RA application. 5. Establish an organizational email address • All records created in WAWF-RA are stored in a virtual file folder and as status is updated or changes the system generates an email notification to applicable individuals identified in the firm's organizational email account. • The GAM or EB POC shall provide the organizational email to the WAWF-RA Customer Support Center. • Ensure that your firm's organizational email address is operational and can receive email from WAWF-RA prior to registering your email address with the WAWF-RA Customer Support Center. • Note: If you do not set up an organizational email address, the personal email address of the first person who self-registers from your firm (CAGE/DUNS code), will be designated as the organizational email address for your firm. 6. Set up PCs to access WAWF-RA • Set up the PCs of your organization's users to access WAWF-RA. • Select the "Setting Up Your Machine" link on the WAWF-RA home page for more information: https://wawf.eb.mil/Instr.html. 7. Have all users self-register on the WAWF-RA web site • Every user for your firm must self-register on the WAWF-RA web site by completing the online registration form. • Select the "Self Register" link on the WAWF-RA home page and follow the instructions. • Users may access WAWF-RA with either a User ID/Password combination or a PKI certificate. Users who want to use a PKI certificate must obtain it before self-registering. • PKI Certificates may be obtained from one of the approved Interim External Certificate Authorities: Operational Research Consultants Inc. http://eca.orc.com, Digital Signature Trust Co. http://www.digsigtrust.com/home.html, or Verisign: http://www.verisign.com. The web sites provide the instructions needed to acquire a PKI Certificate. • If further assistance is needed, contact the WAWF-RA Customer Service Center. • Note: Registrations will not be activated until the WAWF-RA Customer Support Center receives an email from the EB POC/GAM as registered in the CCR data- base. 8. Follow-up (if necessary). • If your (GAM or user) account hasn't been activated within 2 business days of self-registering contact the WAWF-RA Customer Service Center: CONUS ONLY 1-800-392-1798, Option 1 COMMERCIAL 801-777-3282, Option 1 DSN 777-3282 Option 1 FAX Commercial: 801-605-7453 DSN: 388-7543 Email: cscassig@ogden.disa.mil Note: Reference "WAWF" in email Subject line. SFS ANTI TERRORISM Antiterrorism: As a prelude and during performance of any contract on McGuire AFB, it is critical that the contractor be supportive of all DoD requirements to protect personnel, their families, installations, facilities, information, and other resources from terrorist acts. All contractors and sub-contractors are responsible for providing their personnel information on the McGuire Antiterrorism Program. During performance of work, personnel security and protection of resources is critical for the installation to maintain a safe work environment. Contractor personnel will be alert for any suspicious activity observed by their work force or any personnel working on the installation. If any situation appears to be suspicious, immediate actions must be taken to make proper notification to McGuire Law Enforcement by calling the McGuire Security Forces Desk at 2001. Both personnel and vehicles must be strictly controlled during performance of duty. No personnel and/or equipment will be allowed to be placed in harms way that could aid or abet anyone with bad intention to cause harm to McGuire AFB. Any contractor doing construction work will adhere to the DoD Unified Facilities Construction Code Requirements. Contractors are encouraged to contact the McGuire Antiterrorism Office at (609) 754-1397 or 1611 for information regarding the installation Antiterrorism Program. SFS MCGUIRE AFB CONTRACTOR SECURITY APPENDIX 26 Jun 08 305th SECURITY FORCES SQUADRON (SFS) APPENDIX TO ALL STATEMENTS OF WORK FOR MCGUIRE AFB, NEW JERSEY INSTALLATION ENTRY CONTROL PROCEDURES FOR ALL CONTRACTORS The following appendix provides information from Air Force Instruction 31-101 and local supplements on requirements for entering and conducting business while on McGuire Air Force Base, New Jersey. 1. Contract Award. 1.1. Upon award of a contract, all contractors who will be entering the installation for 30 or more days in one year., including Small Purchase contractors, must initiate a criminal history record information/background check for non-criminal justice purposes on all personnel requiring access to McGuire AFB to the 305th Security Forces Squadron. 1.2. McGuire AFB requires all contractors to conduct a criminal history record information/background check WITH fingerprints. This check is done at the contractor's expense and not at government expense. This will be completed prior to any permanent access credential for McGuire AFB being issued to the contractor personnel. 1.2.1. If the contractor requires access to the installation for less than 30 days in one year, Welcome Center personnel will conduct a ZW Person Inquiry and issue a pass not to exceed 7 days. Prior to issuing another Visitor Pass another ZW Person Inquiry will be conducted. 1.2.2. If the contractor attempts to enter the installation more than 30 days in a year, they will be denied access unless a criminal history check is conducted or appropriately applied for. 1.2.3. A maximum of two 15 day visitor passes will be issued to anyone requesting an Installation Access Pass who awaiting a criminal history record information/background check. 1.2.3.1. If an individual is still awaiting the results of a criminal history record information/background check after the initial two 15 day visitor passes are issued. A copy of the submitted application (Sagem Morpho Form D) must be presented to Welcome Center personnel to receive additional 15 day visitor passes. 1.2.3.2. A maximum of two additional 15 day passes will be issued to the person showing proof he has submitted the criminal history record information/background check. 1.3.1. This check will require the completed criminal history record/background check results or report be sent by the applicable State Police Department conducting the check to the 305 SFS Welcome Center. 1.4. All applicants are required to have a criminal history record information/background check for non-criminal justice purposes from BOTH the State of Residence and State of Employment. NOTE: If the applicant lives and works in NJ, then only the NJ check is needed. If the applicant lives in another state but works in NJ, then a criminal history record information/background check for non-criminal justice purposes is required from the state the applicant lives in AND the state of NJ. 1.4.1. General guidance for New Jersey on this process is provided by the NJ State Police and is found in attachment 1 of this Contractor Security Appendix. 1.4.2. General guidance for Delaware on this process is provided by the DE State Police and is found in attachment 2 of this Contractor Security Appendix. 1.4.3. General guidance for New York on this process is provided by the NY State Police and is found in attachment 3 of this Contractor Security Appendix. 1.4.4. General guidance for Pennsylvania on this process is provided by the PA State Police and is found in attachment 4 of this Contractor Security Appendix. 1.4.5. For guidance from any of the other state or US Territory (i.e. Puerto Rico), contact the state police of that particular state and follow the requirements of para 1.2. and 1.3. above. 1.5. The 305 SFS will not be used to conduct this criminal background check. 1.6. These results must be sent directly from the Investigating Agency to the 305 SFS at the above listed address. Forms sent from the contractor will no longer be accepted. 1.6.1. Contractors and sub contractors may contact the 305 SFS/Welcome Center at 609-754-3197 to determine arrival of and verify status of Criminal History Record and Background Checks. 1.7. Failure to provide the completed check for each contractor individual requesting entry to the 305 SFS will result in that specific individual not being allowed access to McGuire AFB until the background check has been completed and provided. 1.8. The contractor will provide an initial Entry Authority List (EAL) (see attachment 5 for EAL requirements) to the administrative contracting office (i.e. 305 CONS, US Army Corps of Engineers (USACE), NAS Lakehurst, 305 CES, etc.). The contracting office will provide a copy of the initial EAL to the 305 SFS/Police Services. Police Services will verify the EAL, approve the EAL and forward the EAL to the Welcome Center. The contracting office will maintain any required documentation until the contract has been completed or terminated for any reason. 1.9. Upon receipt of the results of the check, the Welcome Center will review the results and determine whether personnel will be authorized to enter McGuire AFB. The Welcome Center will maintain and file a copy of the original documents for future reference. 1.10. The Welcome Center will also notify the appropriate Administrative Contracting Office of those personnel who are being denied access to the installation because of an issue with the individual's criminal background investigation. The disposition date (date the charges were finalized in court) is the date used to determine time frames. The below criminal history findings will automatically disqualify the person in question from being granted access to the installation: 1.10.1. Any criminal record which is not conducive to good order and discipline. 1.10.2. Any outstanding warrants or personnel who are in the country in violation of immigration law. 1.10.3. US Citizenship, immigration status, or Social Security Account Number cannot be verified. 1.10.4. Barred from entry/access to any military installation or facility. 1.10.5. Wanted by federal or civil law enforcement authorities, regardless of offense/violation. 1.10.6. Any conviction of firearms or explosives violation. 1.10.7. Incarcerated for 12 months or longer within the past three years, regardless of the offense/violation. This can be a single incarceration or several combined which total 12 months. 1.10.8. Any conviction of espionage, sabotage, treason, terrorism or murder. 1.10.8.1. Any conviction of DUI manslaughter or involuntary manslaughter in the past 10 years. 1.10.9. Any conviction of sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution within the past 10 years. 1.10.10. Any person with a pending court resolution will be denied access if the charges are for an offense listed in paragraphs 1.10.1 through 1.10.9. 1.10.11. Any person with a pending court resolution for an offense not listed in paragraphs 1.10.1 through 1.10.9 will be issued a pass for two weeks at a time until the case is finalized in court. If the person is convicted and confined for 12 or more months, the person will be categorized in paragraph 1.10.7. If the charges are dismissed the person will be considered to not have a criminal history. 1.11. The contractor will provide a final listing of personnel on an Entry Authority List (EAL) in letter format to the requesting Administrative Contracting Office. 1.12. The administrative contracting office (such as the 305th Contracting Squadron, the US Army Corps of Engineers, etc.) will authenticate and forward the EAL to the 305 SFS Police Services, NLT 72 hours prior to contract start date. 1.13. Police Services, or designee, will approve the EAL, forward the EAL to the Welcome Center and file the package appropriately. 1.14. If EAL's are not accurate or contain fraudulent information, contractor identification badges will not be issued. 1.14.1. Pen and ink changes for deletion purposes may be made to an EAL. 1.14.2. Pen and ink additions to an EAL will not be accepted. All additions must be made by initiating a new EAL. 1.14.2.1. The Master EAL will be resubmitted with the additions included. Individual letters for long term employees will not be accepted if the contract exceeds 30 days. 1.15. The Welcome Center will maintain a copy of the documents for 90 days after expiration for future reference. 1.16. Contractor Criminal History Record and Background Checks will be valid for a period not to exceed 3 years. 1.16.1. At the 3 year mark, the contractor is required to complete a new check for each individual still employed and working at McGuire AFB. 1.16.2. Background checks older than 3 years will be updated through the NJ State Police or the State Police department for which they reside and/or are employed. Records older than three years on file will be destroyed. 1.17. Contractors who are also required to do Criminal History Background checks for employment purposes and maintain the background per state laws are required to bring the original completed background check and a copy of the check to the 305 SFS Welcome Center. 1.17.1. Welcome Center personnel will verify the copy of the background check and will stamp both the original and copy. 1.17.2. Welcome Center personnel will keep the copy of the background check. 1.17.3. Companies which maintain the original background check will be required to re-verify the status by bringing the original background checks to the Welcome Center on a yearly basis. 2. Contractor Visitor Passes for Entry to McGuire AFB. 2.1. Contractors and vendors will be issued an AF Form 75 - Visitor Pass or Installation Access Pass which identifies them as a contractor authorized to access to McGuire AFB. 2.1.1. Contractor and vendor visitor passes will be issued at the Welcome Center or Checkpoint 9 for all contractors or vendors who require access to the installation for less than 30 days in a year. 2.1.1.1. Visitor passes will be issued to contractors or vendors who do not access the installation at least three days per week. 2.1.1.2. Contractors and vendors who access the installation less than three days per week, but will access the installation for longer than one month will be included on an EAL with the date the contract expires. These personnel must stop at the Welcome Center each time they are needed to perform work. They will be issued a Visitor Pass each time they need to enter the installation. These personnel will be identified on the EAL as requiring periodic access. 2.1.1.3. Installation Access Passes will be only be issued to contractors or vendors requiring access at least 3 days a week for more than 30 days in a year. Personnel will only be issued an Installation Access Pass after all required Criminal History Checks are completed. Installation Access Passes will only be issued at the Welcome Center. These personnel will be identified on the EAL as requiring daily access. 2.1.2. Welcome Center and Checkpoint 9 personnel will issue AF Form 75 - Visitor Passes based on the Contracting Officer and Police Services approved EAL and completion of the criminal history check. 2.2. Contractor passes will be updated annually at the Welcome Center or Checkpoint 9 for contracts lasting over 1 year. 2.3. Contractor passes will be issued for the duration of the contract, or the length of the option period not to exceed 1 year, whichever is less. 2.4. Welcome Center personnel will review previously provided background investigations on all contractors prior to issuing/updating identification credentials. 2.5. NON U.S. CITIZENS: All non-U.S. citizens must provide a Work Permit Visa or Alien Registration Card with immigration number the time badges are issued. 2.6. Those contractors working under the AF Industrial Security program will provide an EAL to the Welcome Center. 2.6.1. Those contractors under the AF Industrial Security program requiring access to the AF computer network may be issued a Common Access Card (CAC) in lieu of the normal contractor visitor pass. 2.6.2. Those contractors under the AF Industrial Security program who have not been issued a CAC will be issued a contractor visitor pass if they will be on the installation less than 30 days. These Contractors will be issued an Installation Access Pass if they will be on the installation longer than 30 days. 2.6.3. Those contractors under the AF Industrial Security Program who maintain an active DoD security clearance shall provide a Joint Personnel Adjudication System (JPAS) printout in lieu of the required background checks. 3. Contractor Vehicle Passes for Entry to McGuire AFB. 3.1. Contractor vehicle passes will be issued at the Welcome Center or Checkpoint 9. 3.2. All vehicles and drivers must have the following documentation prior to being granted access to McGuire AFB: 3.2.1. Valid state driver's license with photo. 3.2.1.1. Valid state driver's license without photo with another government/state issued form of identification with photo . 3.2.2. Valid vehicle insurance. 3.2.3. Valid vehicle registration. 3.2.4. Bill of Lading (if available). 3.2.5. A McGuire AFB point of contact with a phone number. 3.3. Contractors will be issued AF Form 75, Vehicle Pass for entry to McGuire AFB provided the required documentation listed in 3.2 is valid. 3.4. Contractor vehicle passes will be updated annually at the Welcome Center or Checkpoint 9 for contracts lasting over 1 year. 3.5. Contractor vehicle passes will be issued for the duration of the contract or 1-year, whichever is less. 3.6. Commercial vehicles issued a Vehicle Pass must enter the installation through Checkpoint 9. 4. Contractor, Commercial and Oversized Vehicles. 4.1. All contractor, commercial and oversized vehicles must enter McGuire AFB through Checkpoint-9 located on Fort Dix adjacent to Saylor's Pond Road. 4.2. The following are considered "commercial and oversized" vehicles at McGuire AFB and these vehicles can only enter the installation IAW paragraph 4.1., above. 4.2.1. All vehicles registered and licensed with "commercial" license plates, regardless of state of issue. 4.2.2. All vehicles, regardless of type, license plate, or size, having more than two (2) axles. 4.2.3. All vehicles used to carry tools, machinery, equipment, or other commercial related equipment onto the installation. 4.2.4. All vehicles displaying a commercial plaque, logo or emblem carrying tools, machinery, equipment, or other commercial related equipment onto the installation. 5. Contractor vehicle and personnel processing requirements 5.1. Checkpoint - 9 is open for personnel and vehicle processing from 0600 - 2200 hours daily. 5.2. Contractor/Commercial vehicles requesting McGuire AFB entry from 2200 - 0600 will not be allowed entry. Unusual circumstances will be handled on a case by case basis. Contact the Security Forces Control Center at 609-754-2001/2002. 6. Subcontractors. 6.1. All subcontractors are required to follow the same instructions listed above for their subcontractor personnel. 6.2. Contractors with an immediate access requirement for a short-term subcontractor must coordinate with their Contracting Officer prior to authorization of access without following the normal procedures. 6.3. Short term Subcontractors will be issued a pass not to exceed 1 week. 7. Contractors working in USAF Restricted Areas will comply with the following: 7.1. All contractors working on the flight line and restricted areas are required to be established as a Visitor Group under the Air Force Industrial Security Program. 7.2. Each individual contractor (person) will be required to complete a Standard Form 85P - Questionnaire for Public Trust Position before accessing the Restricted Area. This is an investigation to determine the trustworthiness of the individual requiring access to the Restricted Area. This is not the same type of investigation as the NJ or other state background checks required to be conducted to access MAFB. 7.2.1. Each individual will work with the unit security manager the contractor is supporting to complete the SF 85P. 7.2.2. Upon completion, the contractor will submit to the unit security manager for review. 7.2.2.1. If the 85P package contains errors, the individual will work with the security manager to correct. 7.2.2.2. If unable to correct, the individual will not be allowed access to the restricted area and may be asked to leave the installation. 7.2.3. If the SF 85P package contains no errors, the unit security manager will complete an AF Form 2586 - Unescorted Entry Authorization Certificate for accessing the restricted area. 7.3. The unit security manager will make an appointment with 305 SFS/S-5I Personnel Security office for contractor processing and turn-in of SF 85P and AF Form 2586. 7.3.1. The contractor will meet S-5 personnel and submit the completed SF 85P. S-5I will review SF 85P for accuracy and completion. 7.3.1.1. If the 85P package contains errors, the individual will work with the personnel security office to correct. 7.3.1.2. If unable to correct, the individual will not be allowed access to the restricted area and may be asked to leave the installation. 7.3.1.3. If no issues with 85P, the Personnel security office will conduct a local files check on the individual. 7.3.2. Upon local files check completion (no issues), contractor will be directed to the Pass & Registration (Bldg 1911) where a restricted area badge can be issued on an interim basis based on submission of the SF 85P to SFAI. 7.3.2.1. S-5I will review AF Form 2586 for accuracy and completion. 7.3.2.2. If there are no errors, then an AF Form 1199 - Restricted Area Badge will be produced for the contractor. 7.3.2.3. If there are errors on the AF Form 2586, the contractor will be directed to return to the unit security manager for re-accomplishment of the form. 7.4. If there are problems found during the investigation process, access to the restricted area will be immediately revoked and the individual will not be allowed access to MAFB. 7.5. Any work on or near the flightline will be coordinated through the McGuire Installation Constable located in bldg 1738. 7.5.1. The Installation Constable will verify the need to access the restricted area and determine if a Free Zone can be established. 8. Flightline Driving. 8.1. Only authorized contracted or privately owned vehicles with colored cones/placards are authorized on the flightline and/or flightline road unless driving a government vehicle or under authorized escort. 8.2. Contractor personnel who are authorized to drive on the flightline will be issued a colored cone/placard from Airfield Management. 8.2.1. Cones/placards must be visible during operations of the vehicle when driving on the flightline and when parked on the flightline. 8.2.3. The cone/placard must be secured (put away) upon departure from the flightline. 8.3. Restricted Areas: Defined as an area delineated by ropes, red lines or barriers that contain Protection Level resources (i.e. aircraft or equipment). 8.3.1. These areas require a certain level of protection, and entry is only allowed by authorized personnel wearing a restricted area badge or personnel under authorized escort. 8.3.2. Aircraft hangars are restricted areas when aircraft are present. 8.3.3. Signs are posted every 100 feet on the exterior of restricted area boundaries stating; "Deadly Force is Authorized." 8.3.4. Contractors will never enter restricted areas unless properly escorted or authorized by the installation commander or designee through the issuance of a restricted area badge. 8.4. If the Security Forces or a military member detains a contractor or contract employee at any time or for any reason, the contractor will comply with their request and will not become combative or argumentative. 9. Miscellaneous Requirements 9.1. All requests for additional contractor personnel must meet the same requirements listed in para A1 above before identification badges and vehicle passes will be issued. 9.2. The administrative contracting office will be notified when personnel leave the contractor company for any reason and provide that information to the Welcome Center. 9.3. The contractor company is responsible for the return of all contractor identification badges and vehicle passes at the end of the contract or when personnel depart for any reason. All badges and passes will be returned to the Welcome Center. 9.4. During increased Force Protection Conditions (FPCONs) there may be limited entry to the installation. 9.5. Retired military or government personnel whose vehicles display a valid DD Form 2220, DoD Registered Vehicle Decal, may be allowed to enter the installation through any gate providing the vehicle operator has a current and valid base entry ID card. 9.5.1. Retired military or government personnel who have been issued a DD Form 2220 must be listed on the company EAL. 9.5.2. All retired military or government personnel will complete all Criminal History Record Information/Background Check regardless of their military/government retired status. 9.6. At no time will a contractor be issued a DD Form 2220 - DoD Registered Vehicle Decal. 9.6.1. This decal is used by all branches of service and will be honored for entry. 9.6.2. All vehicles entering McGuire AFB must have a valid DD Form 2220 or possess an AF Form 75 (visitor/vehicle pass). 9.7. Contractors ARE NOT AUTHORIZED to escort (vouch) for any personnel to enter McGuire AFB. 9.7.1. Exceptions to this rule will be addressed on an as needed basis through the Contracting Officer and the 305 SFS Welcome Center Supervisor. 9.7.1.1. The contractor must work through the Contracting Officer who in turn will contact the Welcome Center Supervisor. 9.7.1.2. In the event the Welcome Center Supervisor is unavailable, the following personnel in the order listed may approve the contractor escort authority. The Chief, Administration & Reports Flight; the Operations Officer; Operations Superintendent; or the on-duty flight chief as necessary, may approve the contractor to escort. 9.7.2. Escorting onto the installation is a limited privilege for emergent requirements only and cannot be used as a routine to get subcontractors onto the installation. 9.7.2.1. Contractors with Installation Access vouching authority must contact the Welcome Center Supervisor to coordinate each emergent requirement. 9.7.2.2. The escorting Contractor will be responsible for all individuals they escort onto the installation. 9.7.2.3. Contractor escort privileges will be revoked if is determined the contractor is attempting to supersede normal installation access requirements. 9.7.2.4. No more than three personnel per prime contract EAL will be granted escort privileges. 9.7.2.5. The Contracting Office or McGuire AFB point of contact will ensure this privilege is only granted to prime contractors who will not know in advance which personnel will be reporting for work. 9.7.2.6. 9.7.2.6 Personnel granted escort authority must have a criminal history background check completed prior to them authorized to escort. 9.8. Any contractor found in violation of this requirement will be escorted off the installation. They will be removed from the company entry authority list and will not be allowed to reenter McGuire AFB without the express written permission of the Installation Commander. 9.9.